What's an "Exchange Visitor?"
Exchange visitors are people coming to the United States to take part in some type of a program. There are many types of programs, but the idea of all of them is to provide the visitor with useful skills to take back to his home country. At the same time, the visitor should be gaining by learning about the United States, and the people here can learn about his country. These visitors usually are given J-1 visas. Their husbands, wives and unmarried children under age 21 come on J-2 visas. Another option is a Q-1 visa, which is for international cultural exchange program participants. That visa is covered in another article.
What Types of Programs Are There?
These include:
- College and university students
- Summer (college or university) students in travel-work programs
- Secondary-school students
- Professors, research scholars and short-term scholars
- Trainees
- Interns
- Specialists
- Foreign medical graduates
- International visitors
- Government visitors
- Camp counselors
- Au pairs
- Teachers
How Long Can an Exchange Visitor Stay?
It depends on the program. Some types of programs last only a few months; others can last years. Upon arriving in the United States, the visitor will be inspected. If approved, he'll receive an I-94 form that should be marked "D/S," meaning "duration of status," which means for the length he's in the program, plus 30 days after it.
What's the Process?
First, the visitor has to be accepted by an approved program. Programs have to apply to the US Department of State to be approved to accept foreigners as exchange visitors. The State Department's Bureau of Educational and Cultural Affairs has information on approved programs.
Once a program accepts the person, it will issue him a DS-2019 form. Then the person needs to apply to a U.S. embassy or consulate for a visa to travel to the United States. The process can take several months, so allow plenty of time. Forms will need to be filled out. An interview will then take place at the embassy or consulate. Although it may be possible to go to an embassy or consulate in another country, it's much better to go to one in the visitor's home country.
To get the visa, the person must convince the official at the embassy or consulate that the visitor:
- Has been accepted and intends to participate in an approved program, as the DS-2019 shows
- Has enough money to support himself during the stay in the United States
- Knows enough English to cope
- Doesn't intend to abandon his residence abroad and does intend to return home at the end of the program
With the visa, the person can travel to the United States, but he's not guaranteed entry. An immigration inspector will interview the person and review his papers. If the inspector believes the person is in fact coming to be an exchange visitor, and has no other reason not to admit the person, the inspector will give the visitor an I-94 (Arrival-Departure Record). The visitor will then come in, report to the program and leave shortly after it finishes.
Questions for Your Attorney
- Can I stay longer?
- Can I work as well as participate in the program?
- What rights do I have to change programs?
- What protections do I have to be treated fairly by the people running the program?
- If I’m already in the United States, can I become a J-1 without leaving?