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The U.S. Department of State has published regulations establishing a new J-1 Intern category and revising significantly the regulations governing the J-1 Trainee program. The regulations are written so as to increase the ability of the Department of State to more closely monitor quality and compliance, while also allowing the expansion of programs.
The Trainee and Intern programs are designed to allow students and professionals to come to the United States to gain exposure to U.S. culture and to receive training and exposure to U.S. business practices in their chosen field. Upon completion of their programs, participants are expected to return to their home countries where they will be able to utilize their newly learned skills and knowledge to advance their careers, and to share their experiences with their peers and others.
We believe that the new Internship programs and the enhanced Training programs will continue to provide quality opportunities to international participants who are looking to gain work-based practical training and internships in the United States.
The interim final rule from the Department of State went into effect July 19, 2007.
To ensure a smooth transition, AIPT will process all applications received after close of business on July 9, 2007 in accordance with the interim final rule. AIPT has a thorough understanding of the new regulations and will guide all host companies and attorneys through this process. New AIPT program applications are now available. If you should have any questions regarding the changes below, please e-mail us at jvisachanges@aipt.org or call 410.997.2200.
You can also learn more about the new J-1 visa regulations through AIPT's Global Reach: Navigating the J-1 Visa webinar on October 11, 2007. Register today.
For definitions of certain terms included in the regulations, click on the linked terms below or please visit our Glossay of Terms.
Reasons behind Changes After review of the J-1 visa trainee program throughout the United States, the U.S. Department of State and the Government Accountability Office found that the trainee category of the J-1 visa had occasionally been used by host organizations as an alternative to other visas and, in some cases, had been used as a work visa rather than for its intended purpose. Changes have been designed to ensure the visa is used for professional training purposes with the intent of exposing foreign nationals to American techniques, methodologies, and technology as well as to provide foreign nationals a better understanding of American culture and society.
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Introduction of the Intern Category The intern category was created to differentiate the learning experiences of current post-secondary students and recent graduates from those of professionals. Like the trainee program, the intern program must directly relate to the participant’s career field or field of study. The requisites of the intern category are:
- Participants are foreign nationals who:
- are currently enrolled in and pursuing studies at a foreign degree- or certificate-granting post-secondary academic institution outside the United States, OR
- graduated from such an institution no more than 12 months prior to his or her exchange visitor program start date.
- Maximum duration in any field is 12 months.
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Changes to the Trainee Category
- The trainee must be a foreign national who has:
- A degree or professional certificate from a foreign post-secondary academic institution outside the United States and at least one year of prior related work experience in his or her occupational field outside the United States, OR
- Five years of work experience in his or her occupational field outside the United States.
- Maximum duration remains 18 months except for certain field restrictions:
- Agriculture fields have been limited to a training maximum of 12 months.
- Hospitality field training programs have been limited to a maximum duration of 12 months; all programs longer than six months must have at least three departmental rotations.
- Hospitality programs have been limited because:
- The State Department is of the view that 12 months is sufficient time to train a person in this occupational field or category, especially in light of the new educational/experiential requirements created for trainees.
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Clarifications of Regulations Affecting both Trainee and Intern Categories
- Participants have the opportunity to come back on a J-1 intern or trainee visa as long as they meet the requirements of the regulations.
- Trainee and intern positions cannot displace a permanent or temporary American worker. The positions must be designed solely for the purpose of hosting an intern or a trainee.
- Regulations prohibit training or intern placements in unskilled or casual labor positions, in positions that require or involve child care or elder care, or in any kind of position that involves patient care or contact - this includes animal contact as in the cases of Veterinary Sciences.
- Trainees and interns cannot perform more than 20 percent of their on-the-job experience in clerical work.
- New training/internship plan:
- Guidelines will be outlined on AIPT applications.
- New form DS-7002 (Training/Internship Placement Plan) must be signed by participant, host company, and sponsor organization. Faxed and digital signatures will be accepted, however, all three signatures must appear on the final form.
- Midterm and Final Evaluations are required at a minimum from both the participant and host organization supervisor for all programs exceeding 6 months. For programs six months and less, a Final Evaluation is obligatory. All evaluations must be received by the sponsoring organization prior to the end of the program and they must be signed by both the participant and their immediate supervisor.
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Changes for Host Organizations
Sponsoring organizations must:
- Conduct site visits of host organizations that:
- have not previously participated successfully in the sponsor's programs, and
- have fewer than 25 employees, OR
- less than three million dollars in annual revenue.
- Collect the following information from all host organizations:
- Dun and Bradstreet number (For a brief overview about obtaining a Dun and Bradstreet number, click here.)
- Employer Identification Number (EIN)
- Proof of Worker's Compensation Insurance Policy
- Verification of participant’s English language skills and documented interview with sponsoring organization, host organization, or approved third party.
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The information provided on this Web site is only intended to be a general summary of information available to the public. It is not intended to take the place of either the written law or regulations. The content of this information is intended as a service to the public only. AIPT disclaims all responsibility for any and all mistakes or inaccuracies in the information. Further, AIPT disclaims all liability for loss or damage, which may result from the use of information within this communication. For the complete regulations as written by the Department of State, please follow this link to the Federal Register.
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