The Immigration and Nationality Act ("INA") established educational and cultural exchange programs designated by the U.S. Information Agency ("USIA") under the J-1 exchange visitor program.
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:
J-1 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.
Exchange visitors coming under the J-1 exchange program for graduate medical education or training must meet additional special requirements and limitations. For example, they must demonstrate their demonstrating competency in English, by passing the Foreign Medical Graduate Examination in Medical Sciences. Moreover, foreign medical exchange visitors are automatically subject to the two-year foreign residence requirement, and are l allowed to be remain in the United States for the duration of their program. However, 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.
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Participants in a J-1 program must present the Immigration and Naturalization Service's ("INS's") Form IAP-66, which is prepared by a designated sponsoring organization, along with a U.S. State Department Form OF-156 with the U.S. Embassy or Consulate with jurisdiction over the foreign national's place of permanent residence. The foreign national must also demonstrate to the consular officer that they have no intention of abandoning their residence in their home country, and that they are coming to the United States for a temporary period.
Like an F-1 student visa, a foreign national on a J-1 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.
Employment while in J-1 status depends upon the terms of the sponsoring 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 spouse and unmarried children under 21 years old) of participants in a J-1 exchange program may enter the United States on a J-2 visa. Spouses and dependents must also demonstrate that they have sufficient financial resources to cover all expenses while in the United States. However, they may also apply to the INS for work authorization.