J and Q Class Nonimmigrant Visa for Exchange Visitors
A commonly misunderstood nonimmigrant visa is the J visa, which is granted to exchange visitors by various organizations as enacted by the Mutual Educational and Cultural Exchange Act of 1961. The act is meant "to increase mutual understanding between the people of the United States and the people of other countries by means of educational and cultural exchanges."
A similar but less common visa is the Q visitor visa, which is granted to individuals participating in international cultural exchange programs that provide practical training and employment as well as cultural education in the U.S. concerning the visitor's native country.
This page is designed to guide you through the application process for a J-1 or Q-1 visa, and answer many common questions about exchange visitor visas. However, an immigration lawyer help you understand these processes in much greater detail and can help you with the applications for your J visa or Q visa.
What You’ll Find on This Page:
Who Qualifies for a J Exchange Visitor Visa?
J visitor visas are granted to those engaged in sanctioned education or cultural exchange programs. Some individuals who visit the United States with a J visa include students, teachers, professors, research, scholars, professional trainees, and many others.
In order to qualify for a J visa, you must demonstrate full ability to financially support yourself during the period of your visa; funds may be available to you from the sponsoring organization (often in the form of a scholarship or stipend). You must also have sufficient education and English language ability to participate in the program. If you are participating in an education or training program related to a medical field, you must pass the Foreign Medical Graduate Examination in Medical Sciences.
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Who Qualifies for a Q Exchange Visitor Visa?
Q visitor visas are granted to individuals taking part in a cultural education program approved by the Attorney General and by US Customs and Immigration Services. In order to qualify for such a program, you must be at least 18 years of age and able to communicate effectively in English.
The employer who wishes to bring in a foreign nonimmigrant for this purpose must apply with these organizations and prove that they maintain an established international cultural exchange program, and that the program activities include direct interaction with the public. The employer must also pay wages that are similar to what any domestic worker in the same position would receive.
An immigration lawyer can explain the J and Q visa classifications in much greater detail, whether you are an employer or visitor seeking to apply for either exchange visitor visa.
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Exchange Visitor Visa Application process:
Visa Application and Forms
New immigration law changes after the terrorist attacks of September 11, 2001 have made it necessary for exchange visitors to register with the Student and Exchange Visitor Information System (SEVIS), an electronic database recording the whereabouts of nonimmigrant students (F and M visas) and other exchange visitors, including J and Q visa applicants, as well as their dependants.
When you have registered, the SEVIS will provide you with Form DS-2019, the Certificate of Eligibility for Exchange Visitor Status. Professional trainees or interns also have an additional form to complete, Form DS-7002.
For the J visa, the standard nonimmigrant visa applications must be completed and submitted, detailing your personal information and your affiliation with the U.S. cultural or professional exchange program or institution.
These forms are comprised of Form DS-156, the Nonimmigrant Visa Application, as well as Form DS-158, Contact Information and Work History. Some individuals, including all male applicants between 16-45 and those coming from North Korea, Cuba, Syria, Sudan, and Iran (and other so-called "terrorist states"), will be required to complete a Supplemental Nonimmigrant Visa Application, Form DS-157.
You must also possess a passport valid for at least six months beyond the end of your stay and submit a standard 2x2 photograph of yourself with your application.
Unlike the J visa, which is granted by the Department of State, the Q visa is granted by US Customs and Immigration Services. The Q visa application begins with an employer, who must complete Form I-129, Petition for a Nonimmigrant Worker.
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Visa Interview
The application process for exchange visitors involves an interview (for persons 14-79 years old), which are scheduled by the U.S. consulate or embassy where you applied after your application has been approved. At the interview, a digital fingerprint will be taken. The wait time for an interview varies, and so it makes sense to schedule it as early before you plan to leave. The State Department website provides a helpful waiting time list for consulates around the world to help you plan on when your interview will be scheduled.
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Visa Application Fees
On January 1, 2008, the Department of State raised the fees for visa services. The current application fee for any visa is $131. If your application is approved and your visa is issued, you will also be charged a "visa issuance" fee of an additional $131.
Also, exchange visitors must pay the I-901 fee for registration with SEVIS. For most exchange visitors, this fee is $100, and it may be paid by your exchange institution or program (check for details with your program).
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Entering the United States
Under U.S. law, you can only enter the United States 30 days or less before your cultural or professional exchange program begins-if your travel plans require you to enter earlier, you must apply for a B-1 or B-2 visitor visa.
At the port of entry, the DHS Customs and Border Protection officials will meet with you to permit or deny entry into the United States. The length of your visit will be determined on the Arrival-Departure Record, Form I-94. You will also be enrolled in the US-VISIT entry-exit program at the port of entry.
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Can I Bring Family Members into the Country with a J or Q Visa?
Yes. Your spouse and unmarried, minor children may be classified as a nonimmigrant visitor to accompany or join you, under the J-2 or Q-2 status. They may apply as an attachment to your J or Q visa application, or separately.
All family members must provide proof of your exchange program affiliation, as well as registration with SEVIS in the form of a DS-2019. You may be required to show proof of your family relationship with birth certificates, marriage certificates, or other documents.
However, anyone who receives a visa as spouse or child of a temporary worker may not accept employment in the United States; you as the main applicant must show that you are able to support your entire family throughout your stay.
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Can I Receive a Time Extension to Stay Longer on a J or Q Visa?
No. Cultural exchange visas are set for a specific period of time, which only allows a 30-day grace period after the expiration of the visa for travel purposes. In order to stay longer and switch to a different immigration status, such as H, L, K, or immigrant lawful permanent resident (LPR) status, you must leave the United States for at least two years before reapplying for these visas.
Speak to an Immigration Lawyer for More Information about the J or Q Visa!
The application process for a J Visa can be difficult and time-consuming if you are not familiar with U.S. immigration policies. Even if your employer has been approved, you may encounter difficulties bringing your family over with you or another obstacle that an immigration lawyer can examine in greater detail.
If you'd like to speak with an immigration lawyer, simply call us at (877) 444-1074 or fill out our Immigration Case Evaluation Form.
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