J: Education and Cultural Exchange Visa Lawyers

U.S. immigration law provides two avenues for people to participate in exchange programs in the U.S. They are the J and Q visas. The Q visa is designed for people who intend to participate in an exchange program with a cultural exchange, meaning that the prospective visa holder will share their home country’s traditions, culture, and history. This article is about the other visa – the J visa. For more information about the Q visa, see “Q: International Cultural Exchange Program Visa Lawyers.”

The J visa program is meant to help facilitate the international exchange of ideas, people, and talents in the arts, education, and science fields. It is considerably broader than the Q visa regarding who it will allow to enter. The J visa is particularly popular with medical students looking to study or practice healthcare in the United States. The J visa is not a permanent visa – it is a temporary visa.

Participants in the J visa program include:

• nannies
• camp counselors
• students and teachers
• medical trainees needing on-the-job training
• professors who are teaching or conducting research
• visitors who are observing or conducting research in the arts, education, and science

How Do I Get a J Visa?

To get a J visa, you must demonstrate to the satisfaction of the United States Citizenship and Immigration Services that you:

• Are accepted into an exchange visitor program that the U.S. State Department approves. The program must be managed by an organization certified by the Student Exchange Visitor Program (SEVP)
• Have sufficient funds to cover the expense of the program as well as living costs for the duration of the visit to the U.S. (this may include scholarships or stipends). Note: a J visa holder may bring their spouse with them to the U.S., but the spouse’s income cannot be used to support the J visa holder
• Have strong binding ties to your home country with no intention of abandoning it. This is often demonstrated by identifying relatives who remain in the home country or showing that you own property there
• Intend to stay in the United States temporarily. This can be established by showing a round-trip airline ticket, a hotel or apartment reservation that will end before your visa does, or obligations back home that will draw you there
• Have sufficient preparation for the program in which you wish to participate in
• Can read, write, and speak English reasonably well
• If you are entering the U.S. for medical training or education, you must also be able to demonstrate that you have passed the Foreign Medical Graduate Examination

Can I Apply for a Green Card?

To obtain any temporary visa, the applicant must intend to be in the U.S. only for a limited time and establish that fact by evidence. However, immigration law recognizes that a person can desire a U.S. permanent resident (green card) and be willing to leave the U.S. on the expiration of their temporary visa.

These people are considered to have “dual intent” Most temporary visa categories do not accept dual intent – the foreigner is not allowed to have any plans to move to the United States. On the other hand, a few visa categories allow foreigners to have two simultaneous intentions (e.g., the L visa and the H-1B visa).

The J visa category takes a unique approach. It generally does not accept dual intent. However, for certain J visa holders, the J visa applicant may intend to leave the U.S. on or before the expiration of the visa but is allowed to have two intentions: first, to leave the U.S. before the expiration of the future J visa; second, to move to the U.S. two years later. In other words, visa holders must be outside of the U.S. for a minimum of two years following the completion of their program before they can be readmitted.

How Do I Begin to Apply?

The first step is to complete USCIS’ online application form and submit the required photos. If you are in the U.S. when you apply, your next step is to file a “change of status” application to change from your current visa to a J visa. If you are outside the U.S. when you apply, your next steps are to schedule an interview at the nearest U.S. embassy or consulate. Both groups of people will need to file the required fee and provide proof via receipt (sent by email) or otherwise to show the fee was paid.

Can I Work?

Per immigration rules and state regulations, most J visa holders cannot work. There is an exception for persons whose program is overtly designed such that paid employment is an “integral part of the exchange program.” Also, J visa holders who are students may work up to 20 hours per week.

How Long Can I Stay in the United States?

The initial length of a J visa can vary greatly. The minimum period is four months (nannies), and the maximum is ten years (employees of the International Communications Agency).

If the visa holder cannot leave by the time their visa expires, they can be granted an extension of stay. The extension duration varies by type of exchange program (e.g., nannies can get extensions of up to twelve months, while research scholars receive extensions of up to three years.

May My Spouse or Children Accompany Me to the U.S.?

A spouse and minor children may apply for a J-2 visa to accompany or join the J holder. The J-2 applicants must show sufficient financial resources to cover expenses in the United States.

Unlike most spouses on derivative visas, J-2 holders may apply for USCIS authorization to accept employment. The J-2 holder’s employment cannot be used to support the J visa holder, and employment is limited to the duration of the J’s program or four years, whichever is shorter.

What Legal Issues Are Associated With an Exchange Visitor Visa?

Various legal issues can cause legal snags regarding the application for or use of a J exchange visitor visa. These include:

• If the applicant travels outside of the U.S. for more than 30 days after being admitted into the United States on a J visa, they will be considered to have abandoned their program (exceptions by waiver can be arranged, however)
• It is a lengthy and complex process to get an educational or cultural program approved for use with a J visa
• There is a limit of that is placed on the number of exchange visitor visas that may be issued in a specific year

Should I Consult an Immigration Lawyer?

A wide variety of different types of visas are available, and a J visa may not be the best for you. A local immigration attorney can help you determine the best visa for your particular case and can provide professional guidance and advice during the entire process.

A knowledgeable, experienced immigration lawyer can also help you complete your visa application and address any other immigration issue you might have. Additionally, a lawyer can help your spouse and children obtain J-2 visas.