Basic Eligibility:  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.

Like trainees, interns must also demonstrate sufficient fluency in English to function day-to-day in the internship environment.  The acceptable methods of confirming fluency are the same.

Training/Internship Placement Plan ("T/IPP"):   As with trainees, 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.  The T/IPP must also be completed on Form DS-7002 with signatures prior to issuing a Form DS-2019.

Maximum Duration of Stay:  Designated internship programs may not exceed 18 months. However, 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.

Those who have completed their internship program may participate in a training program only after a two-year period of residency outside the United States following their internship program.

.         New Obligations for Program Sponsors

In addition to the new requirements for the T/IPP described above, sponsors must now enter into written agreements with third parties, outlining the full relationship between the parties on all matters involving the Exchange Visitor Program. Third parties must provide a Dun & Bradstreet identification number. Sponsors must also screen and vet all third parties.

Organizations that host trainees or trainees on behalf of sponsors must be prepared to show that they are legitimate entities are appropriately registered or licensed to conduct their activities in their jurisdiction, and have the resources to provide the appropriate training or internship program.

The new rule prohibits sponsors from placing trainees or interns in positions that are unskilled or casual labor, involve care for children or the elderly, or include patient care and/or contact. Finally, sponsors may not place trainees or interns in positions that involve more than 20 percent clerical work during their programs.

How this Affects You

The DOS made revisions to the J-1 program out of concern that the nonimmigrant category was being used in lieu of the H-1B visa or as a "stepping stone" for another longer-term nonimmigrant or immigrant classification that may have been unavailable at the time of the visa application.    At the same time, the DOS does recognize that work is an essential component of on-the-job training, and that in many respects there are no conceptual or legal distinctions between an employee and a trainee. 

The DOS' interim final rule affects J-1 applications made on or after July 19, 2007.  We will provide further information as it becomes available.