VISAS FOR TRAINEES AND INTERNS-J-1 VISAS

Typically those who wish to come to the US to undertake a training program of internship avail themselves of the J-1 visa category.

There are two major categories, Trainee and Intern.

FOR AN INITIAL FREE CONSULTATION CALL:
Tel: In the US (760) 231-6498
In the UK call 0207-101-9399   email: info@usvisasolutions.com

 

 

The J-1 visa category is an excellent fit for anyone who wishes to come to the US  to follow a structured training plan, and who wishes to benefit from a training or internship in various aspects of US business, such as business administration, sales and marketing.

The J-1 category is also used by overseas students on summer work programs, au pairs, and some secondary school teachers and specialist researchers. Spouses and dependent children get J-2 dependent visas.

FAQ

1. What are the J-1 eligibility  requirements for Trainees?
2. What does the J-1 Training plan entail?
3. What is the maximum Maximum Duration of Authorized Stay for Trainees?
4. What are the J-1 eligibility  requirements  for Interns?
5. What does the J-1 Intern plan entail?
6. What is the maximum Maximum Duration of Authorized Stay for Interns?
7.  What is the ‘Two Year Rule’, is a waiver possible?

Eligibility Criteria for J-1 Trainees

 Under the new J-1 rules, in order to qualify for admission as a trainee, the foreign national should have either 1) a degree or professional certificate from a post-secondary academic institution outside the U.S. and at least one year of prior related work experience in his or her occupational field; or 2) five years of work experience outside the U.S. in his or her occupational field.

The trainee must also demonstrate sufficient fluency in English to function in the training environment.  Such fluency can be established through a recognized English test, signed documentation from an academic institution or English language school, or through a documented interview conducted by program sponsors or a third party in person, by videoconferencing, or by web camera.

What does the Training/Internship Placement Plan (“T/IPP”) entail

All future training plans for both trainees and interns must state the specific goals and objectives of the training and internship program; detail the knowledge, skills or techniques to be imparted to the trainee or intern; and describe the methods of performance evaluation and the supervision for each phase or component.  For trainees, the plan must also describe the methodology of training and provide a chronology or syllabus.

Maximum Duration of Authorized Stay for Trainees

 J-1 Trainee programs  have a maximum duration of 18 months.  However, training programs in the field of agriculture and in the “Hospitality and Tourism” occupational category will be limited to 12 months unless the training is for management in these areas in which case the program may last 18 months.

Trainees may return to the U.S. for another 18-month period of training if s/he has been absent from the U.S. for at least two years after completing the initial training program.

Eligibility Requirements  for J-1 Interns:

Foreign nationals may qualify for admission as interns if 1) they are currently enrolled in and pursuing studies at a degree or certificate-granting post-secondary academic institution or 2) graduated from such an institution no more than 12 months prior to their exchange visitor program start date to participate in an internship program.

The intern must also demonstrate sufficient fluency in English to function in the program environment.  The acceptable methods of confirming fluency are the same as for trainees discussed above.

Training/Internship Placement Plan (“T/IPP”):  As described above, the training program for interns must state the specific goals and objectives of the training and internship program; detail the knowledge, skills or techniques to be imparted to the trainee or intern; and describe the methods of performance evaluation and the supervision for each phase or component.  For interns, a description of the intern’s specific tasks and activities, the role of the intern in the organization, and the department(s) in which the intern will work must be provided.

Maximum Duration of Stay for J-1 interns:

J-1  Interns may remain in the U.S. as a participant in a designated internship program for a maximum of 12 months.  Interns may participate in additional internship programs as long as they maintain student status or begin a new internship program within 12 months of graduation.

Participants who have completed their internship program may participate in a training program after a two-year period of residency outside the U.S. following their internship program.

What is the ‘Two Year Rule’, is a waiver possible?

Certain classes of J-1 “Exchange Visitors” require that the alien return to his/her home country or country of last permanent residence for a period of two (2) years upon completion of their J-1 status. The alien must spend the two-year period in country he/she resided in at the time he/she received the J-1 visa. Such classes include:

• Individuals who have obtained their J-1 status through programs financed either in whole or in part by the U.S. government or individual’s home country government;
• Individuals whose home country is in short supply of people with individuals’ skill sets; and
• Individuals who have received medical training within the U.S. as interns or residents.

Until this two-year of foreign residency requirement has been completed the alien will not be eligible for H or L status and cannot adjust to permanent resident status.

Depending on the ground on which the 2 year rule is based, it may be possible to obtain  a waiver. Normally, if the Two year rule is based upon funding from the foreign government or the fact that the J-1 holder is on the ‘Skills list’, it is often possible to obtain what is called a  ‘non objection ‘ waiver. If the Applicant was funded by the US government or an international organization such as ‘Fullbright’ obtaining a waiver is extremely difficult.

Additionally in all circumstances an applicant may apply for a hardship waiver of the 2 year rule.

FOR AN INITIAL FREE CONSULTATION CALL:
Tel: In the US(760) 231-6498
In the UK call 0207-101-9399   email: info@usvisasolutions.com