CLASSIFICATIONS

The Immigration and Nationality Act provides two nonimmigrant visa categories for persons to participate in exchange visitor programs in the United States. The "J" visa is for educational and cultural exchange programs designated by the U.S. Department of State, Exchange Visitor Program and Designation Staff, and the "Q" visa is for international cultural exchange programs designated by the Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS).

The "J" exchange visitor program is designed to promote the interchange of persons, knowledge, and skills in the fields of education, arts, and sciences. Participants include students at all academic levels; trainees obtaining on-the-job training with firms, institutions, and agencies; teachers of primary, secondary, and specialized schools; professors coming to teach or do research at institutions of higher learning; research scholars; professional trainees in the medical and allied fields; and international visitors coming for the purpose of travel, observation, consultation, research, training, sharing, or demonstrating specialized knowledge or skills, or participating in organized people-to-people programs.

The "Q" international cultural exchange program is for the purpose of providing practical training, employment, and the sharing of the history, culture, and traditions of the participant's home country in the United States.

GENERAL BACKGROUND REQUIREMENTS

Financial Resources
Participants in the "J" exchange visitor program must have sufficient funds to cover all expenses, or funds must be provided by the sponsoring organization in the form of a scholarship or other stipend. "Q" exchange visitors will be paid by their employing sponsor at the same rate paid to local domestic workers similarly employed.

Scholastic Preparation
"J" exchange visitors must have sufficient scholastic preparation to participate in the designated program, including knowledge of the English language, or the exchange program must be designed to accommodate non-English speaking participants. The "Q" exchange visitor must be 18 years old and be able to communicate effectively about the cultural attributes of his or her country.

Medical Education and Training
Exchange visitors coming under the "J" program for graduate medical education or training must meet certain special requirements. They include having passed the Foreign Medical Graduate Examination in Medical Sciences, demonstrating competency in English, being automatically subject to the two-year foreign residence requirement (later), and being subject to time limits on the duration of their program. Physicians coming to the United States on exchange visitor programs for the purpose of observation, consultation, teaching, or research in which there is little or no patient care are not subject to the above requirements.

Forms/Petitions
Participants in the "J" program must present a Form DS-2019 prepared by a designated sponsoring organization. Please Note: As of September 1, 2002, Form DS-2019 will replace the IAP-66 as the official form to be used in the administration of the exchange visitor program. The cut-off date for the use of the Form IAP-66 is August 31, 2002. Exchange Visitor Program sponsors should use only Form DS-2019 to document exchange visitors after August 31, 2002. Forms IAP-66 issued and dated prior to August 31 should be accepted by consular officers in support of visa applications. Participants in the "Q" program must have the designated sponsoring organization file Form I-129, Petition for Nonimmigrant Worker, with the Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS). The BCIS will notify the sponsor on Form I-797 when the petition is approved. It should be noted that the approval of a petition does not guarantee visa issuance to an applicant found to be ineligible under the Immigration and Nationality Act.

VISA INELIGIBILITY/ WAIVER
The nonimmigrant visa application Form DS-156 lists classes of persons who are ineligible under U.S. law to receive visas. In some instances an applicant who is ineligible, but who is otherwise properly classifiable as an exchange visitor, may apply for a waiver of their ineligibility and be issued a visa if the waiver is approved.  

WHEN DO I NEED TO APPLY FOR MY VISA?

• Exchange visitor visa applicants are encouraged to apply for their visa early to provide ample time for visa processing. Applicants may apply for their visa as soon as they are prepared to do so.
• The consular officer may need to get special clearances depending on the course of study and nationality of the student. This can take some additional time. For more information on applicants who may have additional processing requirements see Special Processing Requirements.
• Exchange visitors should note that Embassies and Consulates are able to issue your student visa 90 days or less, in advance of the course of study registration date. If you apply for your visa more than 90 days prior to your start date or reporting date as provided on the Form DS-2019, the Embassy or Consulate will hold your application until it is able to issue the visa. Consular officials will use that extra time to accomplish any of the necessary special clearances or other processes that may be required.

APPLYING FOR THE VISA
Applicants for exchange visitor visas should generally apply at the U.S. 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.

Required Documentation
Each applicant for an exchange visitor visa must pay a non-refundable US$100 application fee and submit:

1) An application Form DS-156, together with a Form DS-158. Both forms must be completed and signed. The DS-156 must be the February 2003 date, either the electronic "e-form application" or the non-electronic version. Some applicants will also be required to complete and sign Form DS-157. Select Nonimmigrant Visa Application Form DS-156 to access both versions of the DS-156. You may also check with the Embassy Consular Section where you will apply to determine if the hard-copy DS-156 blank form is available, should you need it.
2) A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States. If more than one person is included in the passport, each person desiring a visa must make an application;
3) One (1) 2x2 photograph. See the required photo format explained in nonimmigrant photograph requirements.
4) For the "J" applicant, a completed Form DS-2019. For the "Q" applicant, a notice of approval, Form I-797.

Other Documentation
Both "J" and "Q" applicants must demonstrate to the consular officer that they have binding ties to a residence in a foreign country which they have no intention of abandoning, and that they are coming to the United States for a temporary period. It is impossible to specify the exact form the evidence should take since applicants' circumstances vary greatly.

U.S. PORT OF ENTRY
Applicants should be aware that a visa does not guarantee entry into the United States. The Bureau of Customs and Border Protection has authority to deny admission. Also, the period for which the bearer of an exchange visitor visa is authorized to remain in the United States is determined by the Bureau of Customs and Border Protection, not the consular officer. At the port of entry, a Bureau of Customs and Border Protection official validates Form I-94, Record of Arrival-Departure, which notes the length of stay permitted.

ADDITIONAL INFORMATION

Employment
Employment while in "J" exchange visitor status depends upon the terms of the program. Participants in programs which provide for on-the-job training, teaching, research, or other activities which involve paid employment may accept such employment. Participants in programs which do not involve work may not accept outside employment. The "Q" international cultural exchange program specifically authorizes paid employment as part of the program.

Foreign Residency Requirement
Certain "J" exchange visitors who participate in programs which are financed in whole or in part, directly or indirectly, by an agency of the U.S. Government or by the exchange visitor's government, or who are nationals or residents of a country which has been designated by the Exchange Visitor Program and Designation Staff as requiring the skills of the exchange visitor, must return to their country of nationality or last residence after completing their program in the United States, and reside there physically for two years before they may become eligible to apply for an immigrant or temporary worker visa. "Q" exchange visitors may not participate in another "Q" program until they have been abroad for one year.

Family Members
The spouse and minor children of participants in "J" exchange programs may apply for derivative "J-2" visas to accompany or follow to join the principal alien by presenting a copy of the principal's Form DS-2019. They must demonstrate that they will have sufficient financial resources to cover all expenses while in the United States. Dependents may apply to the BCIS for authorization to accept employment in the U.S. The "Q" exchange program does not provide for the admission of the spouse or children of a participant in a derivative status.

FURTHER INQUIRIES
Questions about the "J" programs, Form DS-2019, and the ability to change programs or extend within a program should be made to the Department of State, Education and Cultural Affairs Bureau, Exchange Visitor and Program Designation Staff, Washington, D.C. Questions about "Q" petitioning procedures, qualifications for various classifications, and conditions and limitations on employment should be made by the prospective employer or agent in the United States to the nearest BCIS office. Questions on visa application procedures at the American consular office abroad should be made to that consular office by the applicant.

SOUTHERN UNIVERSITY SYSTEM REQUIREMENTS

Southern University was designated by the United States Information Agency (USIA) as a sponsor of the J-1 Exchange Visitor Program in July 1994.  As a sponsor of an Exchange Visitor Program, Southern University is committed to contributing to the educational and cultural exchanges authorized by the Fulbright-Hayes Act, the objective of which is “to increase mutual understanding between the people of the United States and the people to other countries and to assist in the development of friendly, sympathetic and peaceful relations between the United States and other nations.” 

In granting Southern University sponsorship of an Exchange Visitor Program, United States Information Agency emphasized, “this objective cannot be met unless the participants in the program return abroad to exercise the skills and knowledge acquired in the U.S. and thus strengthen the ties and communication which unite us with other nations of the world.”  The Agency also expects that reciprocity will become an integral component of the exchange program and sponsors are required to make every effort to achieve the fullest possible reciprocity. 

Southern University received its status as a sponsor based on the approval of an official program description which states its purpose.  This purpose must appear  on all J-1 visas issued by Southern University and the USIA designated Responsible Officer, Dr. Walter Wiles, is obligated to ensure that all specific requirements set forth in the regulations are administered accordingly.

The following official program description states the purpose of the Southern University program:   

“A program of Southern University and A&M College to provide, on a reciprocal basis, lecturing and research opportunities, in the various fields of instruction and research conducted by the Southern University A&M College for qualified foreign professors and research scholars to promote the general interest of international education and cultural exchange.” 

Thus, all exchange visitor programs at Southern University must meet the purpose stated above, giving special attention that all programs must be: 

(1)        conducted on a reciprocal basis;

(2)        engaged in for lecturing and research opportunities; and

(3)        developed in order to promote the general interest of international education and cultural exchange 

Only exchange programs that meet Southern University’s program objectives can be approved.  Before a request for a J-1 Visa is made, the following steps should be taken: 

1. Provide a description of the program the participant will pursue by providing its purpose, dates, supporting activities, and the source of funding for the duration of the program.  In cases where the participant will be self-supporting or supported by another institution or agency, notarized documentation of the source of funding must be submitted.  The program description should provide evidence that the program will promote the general interest of international education and cultural exchange for Southern University faculty and students and outline those  measures that will be taken to ensure reciprocity, i.e., that someone from Southern University participates in an exchange at the participant’s home institution or any other foreign institution. 
    

2. Provide evidence that the participant is qualified to conduct the proposed activities.  Current curriculum vitae should be attached. 
    

3. Provide evidence to show the length of time the intended faculty advisor has been in communication with the prospective exchange visitor, i.e., letters of correspondence, telephone notes, etc. 
    

4. In cases where a transfer of a J-1 is being requested, provide evidence that the work to be pursued is an extension of the original program objectives approved under the J-1 visa issued by the other institution and an accounting of the participant’s professional activities and visa status over the past three years.  A copy of the current IAP-66 from should be attached.
    

5. Provide evidence that you have informed the prospective exchange visitor that U.S. federal law requires that participants in the J-1 Exchange Visitor Program have medical coverage in effect which will cover the participant and dependents (if any) for sickness or accident during the period of participation in the program.  The U.S. Information Agency requires that a sponsor terminates an exchange visitor if the exchange visitor or their dependents fail to maintain proper coverage. The exchange visitor is responsible for obtaining required coverage from the company of his/her choice. The insurance offered to Louisiana state employees does not provide adequate coverage in accordance with federal guidelines.  Federal Regulations require employees on J-1 visas and their accompanying family members to have the following minimum medical insurance coverage: 
    

   1. at least $50,000 of medical benefits coverage per accident or illness.  A deductible not to exceed $500 per accident or illness; 

   2. repatriation of remains  in the amount of $7,500; 

   3. Medical evacuation expense coverage of $10,000;

   4. Coverage must be in effect when the employee leaves their home country.

    

6. Indicate whether the prospective exchange visitor will have accompanying dependents and possessed adequate financial resources to support them.
    

7. Provide evidence that the program has been approved by the Chairperson, Dean, and the Vice Chancellor for Academic Affairs, and Chancellor.

These materials should be submitted to the Responsible Officer, Dr. Walter Wiles, located in Room 327, J.S. Clark Administration Building, who will determine if the program meets the specific requirements of the Southern University Exchange Visitor Program.  Only upon approval of the proposed program, should the faculty advisor submit the personnel action form, if the participant will be on the Southern University payroll.  This approval must be attached to the PAF hard copy.  The faculty sponsor will be required to submit a final report upon the completion of the program. 

Since the purpose of the Exchange Visitor Program is to promote mutual understanding between the U.S. and other nations and requires reciprocity, Southern University prefers that exchange visitors come directly from universities and research institutes in a foreign country and who have every intention of returning to the home institution in no more than one year.  Prospective participants who have not lived in the home country for several years and who do not show convincing evidence of the intention to return to the home country at the end of program, will be severely scrutinized and may not be approved.  Please note that the J-1 is for the purpose of exchange and requires temporary intent, while the H-1 is for the purpose of employment and permits dual or future permanent intent. 

Specific questions relative to the Exchange Visitor Program should be addressed to Dr. Walter T. Wiles, Director of the Center for International Development Programs, or you may contact him by calling (225) -771-2008.