J-1 VISA

Exchange Visitor

Exchange visitors that wish to gain a first-hand understanding of another culture. U.S. citizens may visit other countries using this visa, and likewise, aliens from other countries may use it to enter the U.S. Individuals who qualify for J-1 status if sponsored through an accredited Exchange Visitor Program include, but are not necessarily limited to:

• Research scholars
• Secondary School and college students, including students working towards a graduate degree
• Primary and secondary school teachers
• Trainees in flight aviation programs
• Business trainees
• College professors
• Medical residents or interns receiving medical training within the U.S.
• Specialists

J-1 Visa Practice Advisory

Understanding the Regulatory Changes for J-1 Trainee and Intern Programs

Effective July 19, 2007 interim final rules became effective for J trainee and intern programs. 22C.F.R.§ 62 (2007) This rule splits the existing J Trainee category into Trainees and Interns. It establishes new eligibility criteria for both trainees and the companies that train them. It changes the maximum length of stay in some cases. The new rule also requires a placement plan, signed by trainee, training supervisor, and visa sponsor on government form DS-7002.

• Who can be an intern under the new rule?
  
  Interns are individuals who are either currently enrolled in and pursuing academic studies abroad, or who have graduated from an overseas institution no more than 12 months prior to the start date of his or her exchange visitor program.
  
  
• Who can be a trainee?
  
  Trainees are individuals who have either a degree or professional certificate from a post-secondary academic institution abroad and at least one year of related work experience acquired outside the United States, or have five years of related work experience acquired outside the United States.
  
  
• What about foreign nationals with degrees from the United States?
  
  Foreign nationals with degrees from the United States will not qualify for the internship category of the J-1 visa. They will qualify for the training category if they have five years of related work experience acquired overseas.
  
  
• What other eligibility requirements does the new rule set for trainees or interns?
  
  English languages skills must be verified. Different sponsors will have different requirements for accomplishing this. An internship must be in the intern’s specific academic field. A trainee program must be in the applicant’s specific occupational field.
  
  
• Will sponsors screen applicants differently?
  
  The new rule requires sponsors to interview every applicant either in-person or by videoconference or web camera. Officials at the Office of Education and Cultural Affairs (ECA), which oversees the J programs, have verbally agreed in the final rule to specify telephone interviews as a permissible means of screening.
  
  
• What about participants with DS-2019 forms dated before July 19 but with visa interviews on or after July 19, 2007?
  
  Participants with DS-2019 forms issued on or before July 18, 2007 will be governed by the old rules.
  
  
• Who can be a host organization?
  
  A host organization conducts training or internship programs on behalf of ECA designated program sponsors (such as AILF). A host organization must sign a written agreement with the program sponsor.
  Host organizations that have not successfully participated in the J visa sponsor’s training or internship programs must be visited by a representative of the visa sponsor prior to approval of a DS-2019. Companies with 25 or more employees or with at least three million dollars in annual revenue are exempt from this mandatory visit.
  The host organization must cover the intern or trainee under workers’ compensation insurance. The host organization must be able to provide a Dun & Bradstreet Identification Number and an Employer Identification Number (EIN).
  Host companies must agree to contact the visa sponsor immediately in the event of an emergency involving trainee or interns.
  
  
• Who can not be a host organization?
  
  Staffing or employment agencies may not be involved in a J intern or training program.
  
  
• How will the training or placement plans be effected?
  
  All training or placement plans must be detailed on form DS-7002.
  The trainee or intern, host organization supervisor, and responsible officer of the visa sponsor must sign the form prior to the issuing of the form DS-2019. Host organizations and J program participants should understand that, as with all government forms, providing false information can have serious legal ramifications.
  
  Training or placement plans must be tailored to the individual skills and experience of the trainee or intern.
  
  
• Are any occupations excluded from J intern or training programs?
  
  Trainee or interns may not be placed in unskilled or casual labor positions, positions involving more than 20 percent clerical work, positions requiring trainees to provide therapy, medication, or other clinical or medical care (e.g. sports or physical therapy, psychological counseling, nursing, dentistry, veterinary medicine, social work, speech therapy, or early childhood education. In addition, no intern or trainee can be placed in a position that will displace full- or part-time, temporary or permanent American workers or serve to fill a labor need.
  
  
• What are the maximum lengths allowed for programs?
  
  An intern program has a maximum length of twelve months.
  A trainee program has a maximum length of eighteen months, except; Hospitality and Tourism1, which is limited to twelve months If an agricultural program does not contain at least 6 months of classroom study, it is limited to twelve months.
  
  
• Can participants apply for additional intern or training programs after completing their original program?
  
  Yes.
  Repeat participation is allowed provided that applicants spent at least two years outside of the United States between programs and otherwise meet the eligibility requirements.

FOR INFORMATION PERTAINING TO THE GENERAL REQUIREMENTS ATTACHED TO J-1 NONIMMIGRANT STATUS, PLEASE VISIT THE US DOS WEBSITE (Click here)