J 1 Status
The Exchange Visitor Program is carried out under the provisions of the Mutual Educational and Cultural Exchange Act of 1961, as amended. The purpose of the Act is to increase mutual understanding between the people of the United States and the people of other countries by means of educational and cultural exchanges. International educational and cultural exchanges are one of the most effective means of developing lasting and meaningful relationships. They provide an extremely valuable opportunity to experience the United States and our way of life. Foreign nationals come to the United States to participate in a wide variety of educational and cultural exchange programs.
The Exchange Visitor Program is administered by the Office of Exchange Coordination and Designation in the Bureau of Educational and Cultural Affairs. At the conclusion of their program Exchange Visitor program participants are expected to return to the home countries to utilize the experience and skills they have acquired while in the United States.
The Immigration and Nationality Act (INA) is very specific with regard to the requirements, which must be met by applicants to qualify for the exchange visitor (J) visa. The consular officer will determine whether you qualify for the visa. Applicants must demonstrate that they properly meet the requirements to be issued an exchange visitor visa, including the following:
The Student and Exchange Visitor Program (SEVP) is designed to help the Department of Homeland Security and Department of State better monitor school and exchange programs. Exchange visitor and student information is maintained in the Student and Exchange Visitor Information System (SEVIS). SEVIS is an Internet-based system that maintains accurate and current information on non-immigrant students (F and M visa), exchange visitors (J visa), and their dependents (F-2, M-2, and J-2). SEVIS enables schools and program sponsors to transmit mandatory information and event notifications via the Internet, to the Department of Homeland Security and Department of State (DOS) throughout a student or exchange visitor's stay in the United States.
All exchange visitor applicants must have a SEVIS generated DS 2019 issued by a Department of State designated sponsor, which they submit when they are applying for their exchange visitor visa. The consular officer will need to verify your DS 2019 record electronically through the SEVIS system in order to process your exchange visitor visa application to conclusion. Unless otherwise exempt, participants whose SEVIS DS-2019 was issued on or after September 1, 2004 must pay a SEVIS I-901 Fee to the Department of Homeland Security for each individual program. The fee may be paid either through a special web site, via Western Union, or by mail.
Regulations pertaining specifically to the Professor and Research Scholar categories are found at [22 CFR 62.20].
As participants in these program categories, foreign professors and research scholars engage in research, teaching, and lecturing with their American colleagues. Alien physicians in graduate medical education or training and short-term scholars are not included in this category.
The eligible participant shall not be a candidate for a tenure track position. Also, professor and research scholar participants may not be in the United States in J-visa status for any part of the 12-month period preceding the start date of their programs, indicated on their Form DS-2019. The 12-month bar is waived if the participant is 1) present in the United States no more than six months; or 2) participating in the Short-Term Scholar category.
At the discretion of the responsible officer, professors may freely engage in research and research scholars may freely engage in teaching and lecturing; this will not be considered a change of category. Incidental lectures or short-term consultations are permitted with the approval of the responsible officer so long as they are directly related to the objectives of the participant's program, and do not delay its completion date. Please consult the regulations for details.
The responsible officer may extend a participant's program for up to six months to allow the research scholar or professor to complete a specific project or research activity. Extensions for a period longer than six months must be approved in writing by the Department of State. The responsible officer should submit a written request to the Department on behalf of the participant, no less than 60 days prior to the expiration of the participant's permitted three-year period. The fee for extension requests, payable to the Department of State at the time of application, is $198.
Regulations pertaining specifically to the Short Term Scholar category are found at [22 CFR 62.21].
A short-term scholar is a professor, research scholar, or person with similar education or accomplishments who visits the United States to lecture, observe, consult, train, or demonstrate special skills at research institutions, museums, libraries, post-secondary accredited educational institutions, or similar types of institutions.
The duration of the program is the time needed to complete the objective, up to a maximum of six months. The minimum program duration of 3 weeks for any Exchange Visitor Program category is waived for participants in this category. Extensions are not permitted.
Short-term scholars may participate in the Exchange Visitor Program at conferences, workshops, seminars, or other events listed their Forms DS-2019. Participants may also lecture or consult at institutions not listed on the Form DS-2019 if the responsible officer issues a written authorization for such activity. The authorization must be attached to the participant's Form DS-2019.
Applying for your “J” Visa
Applicants may apply for their visa as soon as they are prepared to do so. Exchange visitor visa applicants are encouraged to apply for their visa early to provide ample time for visa processing. Applicants for visas should generally apply at the American Embassy or Consulate with jurisdiction over their place of permanent residence. Although visa applicants may apply at any U.S. consular office abroad, it may be more difficult to qualify for the visa outside the country of permanent residence.
As part of the visa application process, an interview at the embassy consular section is required for almost all visa applicants. The waiting time for an interview appointment for applicants can vary, so early visa application is strongly encouraged. If you are authorized by your sponsor to be accompanied by your spouse (husband or wife) and children, they will also be given a Form DS-2019 and they can apply at the same time. As part of the visa interview, a quick, two-digit, ink-free fingerprint scan will be taken, as well as a digital photo. Some applicants will need additional screening, and will be notified when they apply. Each visa applicant must submit these forms and documentation.
Note: With the exception of the H-1 and L-1, applicants may also need to show proof of binding ties to a residence outside the United States which they have no intention of abandoning. It is impossible to specify the exact form the evidence should take since applicants' circumstances vary greatly