U.S. immigration law defines an immigrant visa as a visa document allowing a foreign national to enter into the U.S., and eventually apply for lawful permanent residency. Lawful permanent residents are most commonly given the same rights as natural-born citizens, such as the right to work in the country and the right to pursue citizenship.
Generally speaking, a person who is seeking an immigrant visa must find another person or organization who will petition them to relocate to the U.S. This is why immigrant visas are generally categorized according to the applicant’s relationship to their petitioner.
An example of this would be the following types of immigrant visa categories:
- Family-Based: You may be eligible based on your familial relationship with a U.S. citizen, or lawful permanent resident of the United States. The petitioners most commonly include immediate relatives, close family members, fiancés, and other such people who are willing to help the applicant receive their visa;
- Employment-Based: Employers can act as a petitioner in order to petition a worker to relocate permanently to the U.S. However, it is important to note that for some employment-based immigration visas, work certification may be required. What this means is that the employer will need to verify that the person is filling a legitimate employment need before they will be granted their visa; and
- Special Immigrants: An example of special immigrants as employees would be religious workers, or applicants who are from selected countries.
In addition to being categorized according to petitioner, immigrant visas are also characterized by the applicant’s general intent to relocate permanently to the United States. This is in contrast to other types of non-immigrant visas, in which the applicant only intends to stay temporarily, such as student visas or temporary work visas.
What this means is that an applicant for nonimmigrant status must prove that they do not intend to stay or live permanently in the United States. Additionally, there are factors that may exclude an applicant from receiving a non-immigrant visa, such as a criminal felony record.
What Is An Exchange Visitor Visa?
Exchange visitor visas allow nonimmigrant foreigners to participate in exchange programs for short periods of time in the United States. Immigration laws currently have two visa categories for exchange visitors coming to the United States: J visas, and Q visas. Both of these visas are temporary in nature.
J visas are intended for nonimmigrant foreign nationals who are participating in educational and/or cultural exchange programs that are approved by the Department of State. These most commonly include study abroad and student exchange programs.
Q Visas are generally reserved for foreign nationals who are participating in international cultural exchange programs. These are programs that have been approved and/or accredited by the United States Citizenship and Immigration Services, or USCIS.
Both of these exchange visitor visa categories have different requirements and eligibility factors. Additionally, the availability of these visas may vary according to the year of application, as well as the applicant’s country of origin.
What Is A J Visa?
The purpose of a J visa is to promote the exchange of individuals, knowledge, and skills in the fields of education, arts, and sciences. The J visa is especially popular among students who are obtaining medical degrees in the United States.
J visa participants most commonly include, but may not be limited to:
- Students and teachers at any academic level;
- Trainees who are obtaining on-the-job training;
- Trainees who are obtaining training in the field of medicine;
- Professors who are conducting research and/or are teaching at an institution; and
- Visitors who are:
- observing;
- consulting;
- conducting research;
- training; and/or
- Otherwise sharing specialized knowledge or skills.
Specific examples of participants in J visa programs generally include:
- Students;
- Professors;
- Teachers;
- Researchers; and
- Employees who are engaged in on-the-job training for certain companies, generally larger corporations.
In order to obtain a J Visa, the applicant must show that:
- They have sufficient funds to cover all of their travel expenses;
- They have the required vocational and/or educational preparation for the specific program;
- They possess a working knowledge of the English language;
- They have binding ties to their residence in their country of origin, which are sufficient enough to show that they will return to their country of origin when their visa has expired; and
- They will only remain in the United States temporarily, and in connection with the program.
If the applicant is coming to the United States specifically for medical education or training, they must first pass the Foreign Medical Graduate Examination in Medical Services and speak English competently. Additionally, physicians who are using a J visa for the purpose of:
- Consultation;
- Observation;
- Teaching; and/or
- Conducting research in a program in which there is little to no patient care, are not subject to the above mentioned requirements.
What Is A J-2 Visa?
The J-2 visa is available to the spouse and/or dependents of a J-1 visa holder. Similar to other “family” or “dependent” visas, the status of the J-2 visa holder is entirely dependent upon the status of the principal J-1 visa holder. What that means is that if the visa of the principal J-1 visa holder expires, and the participant must return to their home country, so must their dependents who are here on J-2 visas.
The spouse and minor children of a J visa holder may apply for a J-2 visa in order to accompany the J visa holder. Additionally, the J-2 visa applicant must provide sufficient financial resources in order to cover their expenses in the United States. They must also apply for authorization from the USCIS in order to accept employment. Once this permission is granted, the visa-holder may work for any employer, either full time or part time. There is no legal limit to what they can earn.
It is important to note that the J-2 visa holder’s employment cannot be used in order to support the J-visa holder. Additionally, their employment is limited to the duration of the J visa holder’s program or to 4 years, whichever amount of time is shorter.
What Are Some Common Legal Issues Associated With Exchange Visitor Visas?
There are numerous legal issues which may be associated with a J exchange visitor visa, or a Q exchange visitor visa. Examples of these issues include but may not be limited to:
- The applicant traveling outside of the U.S. after being admitted into the United States on a J or Q visa;
- The process of having an educational or cultural program designated in association with a J visa or a Q visa; and/or
- A limit placed on the number of exchange visitor visas that may be issued in a particular year.
Do I Need A Lawyer To Get A J-2 Visa?
If you need help with a visa application, you should contact an experienced immigration lawyer. An immigration attorney can help you understand the requirements of a J-2 visa, as well as explain the process of obtaining a J-2 or any of the other visas that might be applicable to your situation. Additionally, an attorney will also be able to represent you in court, as needed.
