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VISAS FOR TRAINEES AND INTERNS-J-1 visas
FOR AN INITIAL
FREE CONSULTATION CALL: 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:
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:
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