New J-1 Visa Trainee and Intern Regulations and New CDS Procedures
On June 19, 2007, the U.S. Department of State published an Interim Final Rule for new regulations pertaining to the J-1 Exchange Visitor Program’s trainee programs. Compared to the regulations initially proposed in April 2006, the recently published rule is a vast improvement. However, the new rules will result in a number of changes to the J-1 Exchange Visitor Program, and consequently, the procedures used by CDS International and other sponsors to implement training and internship programs. While the regulations are not yet completely final until a Final Rule is published, we do expect that the majority of the changes published in the interim rule will remain. Therefore, in order to comply with the new regulations that go into effect on July 19, 2007, CDS will transition to new procedures over the next few weeks.
We understand that the change in regulations may have a significant impact on your programs, just as it does for CDS International. As CDS International develops and phases in new policies and procedures, we kindly request your patience, as well as your feedback, to help us ensure our continued personalized and efficient service to both your organization and the participants.
Below you will find an explanation of the key changes to regulations and the resulting procedures that will now be used for trainee and intern programs. As of July 12, 2007, all new applications submitted to CDS International will be subject to the new regulations. If you have questions or require assistance, please contact CDS International at (212) 497-3500 or info@cdsintl.org, or e-mail the contact person listed for your program.
New Standardized Government Training/Internship Placement Plan (Form DS-7002)
Additional Guidelines Pertaining to Trainee and Intern Categories
Here is an explanation of key changes to the regulations and the impact the change will or will not have on your training/internship program and CDS procedures:
Change #1: A division of the current J-1 “trainee” category into “trainee” AND “intern” categories:
Intern is defined as a foreign national who either: (1) is currently enrolled in and pursuing studies at a degree- or certificate-granting post-secondary academic institution outside the United States or (2) graduated from such an institution no more than 12 months prior to his/her exchange visitor program begin date, and who enters the United States to participate in a structured and guided work-based internship program in his/her specific academic field.
Interns will have a program duration limit of 12 months. However, interns may participate in an unlimited number of additional internship programs as long as they maintain student status or begin a new internship program within 12 months of graduation. If an individual no longer meets these conditions, he/she may participate as a trainee after two years of residency outside the U.S. following the last internship program.Trainee is defined as a foreign national who has either: (1) a degree or professional certificate from a foreign post-secondary academic institution and at least one year of prior related work experience in his/her occupational field acquired outside the United States, or (2) five years of work experience outside the United States in his/her occupational field, and who enters the United States to participate in a structured and guided work-based training program in his/her specific occupational field.
Trainees have a program duration limit of 18 months and are eligible for additional training programs after a period of at least two years residency outside the United States following their initial training program.
Impact: CDS will be designated to sponsor both interns and trainees. When completing CDS application forms and the new training plan form (described below), participants will need to be identified as either an intern or trainee, and some additional information will need to be entered depending on the category selected. Under the new regulations, repeat training has been made possible, as long as the conditions cited above are met, and as long as additional training and internship programs address the development of more advanced skills or a different field of expertise.
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Change #2: A requirement that sponsors or any third parties acting on their behalf must conduct a thorough screening of potential trainees or interns, including a documented interview in-person, by videoconference, or by web camera, as well as a stricter examination of participants’ English language proficiency verified by a recognized English language test (TOEFL, Cambridge, etc.), by signed documentation from an academic institution or English language school, or through an in-person interview conducted by the sponsor, or by videoconference, or by web camera.
Impact: As part of the application and screening process, CDS will request that participants who have completed a recognized language test provide us with their results along with their application materials (as is done currently). Participants may also use a new form being developed by CDS to get signed documentation from an academic institution or English language school. As is currently the practice at CDS, CDS staff or our overseas partners will conduct personal interviews with all of our participants, either in-person, via Skype webcam, or by telephone if the other two options are not feasible. These interviews will be documented using a standardized CDS form.
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Change #3: A stricter vetting and screening process for U.S. host organizations and overseas partners that will require site visits by sponsors to host organizations that have not previously participated successfully in the sponsor’s training and internship programs and that do not meet the threshold of having more than 25 employees OR more than $3 million in annual revenue. Additionally, ALL host organizations will now need to provide a Dun & Bradstreet number, a Tax Identification Number (EIN), as well as proof of a Workman's Compensation Insurance Policy.
Impact: CDS cooperates with a number of small- and medium-sized companies that do not meet the above-mentioned thresholds. In these cases, prior to processing a participant’s application, a CDS staff member or representative will conduct a site visit to the organization and complete a standardized site visit form documenting the visit and ensuring that the organization has the proper resources and staff to conduct a training/internship program. For those organizations subject to the site visit requirement, the application processing time for issuance of the Form DS-2019 (the document required for the visa application) may be up to five weeks. For those companies not requiring a visit, processing time will be five business days once all application materials and payments have been received by CDS.
As part of the completion of the training plan, all host organizations (with the exception of government agencies and academic institutions) will now need to provide Dun & Bradstreet and Tax Identification Numbers (EIN). If your organization does not have a D&B number, one can obtain one at no charge at www.dnb.com, but it may take up to 30 days for a number to be assigned. This may pose a delay in processing time since the DS-2019 may not be issued until CDS has obtained this information. We therefore encourage organizations to apply immediately for a D&B number to avoid any future delays.
Starting July 19th, CDS will request the host organizations attest to maintaining a Workman’s Compensation Insurance Policy as part of the completion of the CDS Third Party Agreement which is described below. In the future, host organizations may be required to provide a document, i.e. a copy of a signed agreement, that proves a policy exists.
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Change #4: A standardized government Training/Internship Placement Plan (Form DS-7002) will replace the variety of training plans currently used by individual sponsors. The T/IPP will document the activities and responsibilities of all parties involved in the training/internship program and require signatures from all parties - exchange sponsor, host organization and intern/trainee – before a sponsor can issue the DS-2019. Additionally, sponsors must have a written agreement with any third party involved in a training/internship program that outlines the relationship on all matters involving the administration of the J-1 exchange visitor program.
Impact: Content-wise, the new Form DS-7002 is very similar to the current CDS training plan (unfortunately a bit longer), but in a new format on a standardized document for all exchange organizations. Logistically, the new form poses some challenges since both the host organization and the trainee/intern must sign the form before CDS issues the DS-2019. In order to prevent delays, it will behoove host organization representatives and participants to review and return the form to CDS as quickly as possible. When all signatures have been obtained, CDS will issue the DS-2019 to the participant, which together with the DS-7002, will enable him/her to apply for the J-1 visa and schedule the interview at the U.S. Consulate or Embassy in the home country (not applicable for Canadian citizens).
Currently, CDS combines the training plan and third party agreement into one document. With the new regulations, host company representatives will need to complete and sign both the Form DS-7002 AND a separate CDS Third Party Agreement. Instructions and the new forms can be downloaded from our website:
Download the new Intern and Trainee Placement Plans
Additional Guidelines: The new regulations continue to maintain a number of guidelines regarding the content of the training/interns programs in the United States which must be adhered to by all parties involved. These include:
The J-1 visa is not meant to be used as an alternate to other visas, such as the H1-B, that are designed as work visas. The changes to the regulations are meant to ensure that the J-1 visa is used to “enhance the skills and expertise of exchange visitors in their academic or occupational fields through participation in structured and guided work-based training and internship programs and to improve participants’ knowledge of American techniques, methodologies, and expertise”, as well as their understanding of American culture and society. The training and intern programs should directly relate to the participant’s career field or field of study.
Trainees and interns must not displace permanent or temporary American workers.
Training or intern placements may not be in unskilled or casual labor positions and the positions should not require participants to perform more than 20 percent of their on-the-job training in clerical work.
Trainees and interns must perform activities for a minimum of 32 hours per week.
Both the intern/trainee and the host organization must submit mid-term and final evaluations prior to the end of the program which must be signed by both the participant and the supervisor at the host organization.
If you have any further questions regarding the new regulations or the procedures at CDS, please do not hesitate to contact the responsible Program Officer or Assistant for your program. Again, we appreciate your patience and understanding as we work together to ease the transition to these new regulations.
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