J1 Update

1
J-1 Update

• Craig Peterson
• Kathy Steiner-Lang

2
5-Year Rule for Professors and Researchers

• Became final in November 2006
• 5 years for professors and research scholars No
  extensions
• Imposed 24-month bar on return visits for
  professors and research scholars
• J professors and research scholars now have
  12-month bar, 24-month bar, and perhaps, 2-year
  home residence requirement

3
24-Month Bar

• Schools need to develop policies to handle
  programs for EVs who might leave US, but still
  continue J activity outside US
• DOS has said they will create a new function in
  SEVIS to indicate that J is still active while
  outside US
• Must health insurance still be maintained while
  EV is outside US?

4
Pay.gov

• In summer, DOS sent notice that all programs must
  enroll in pay.gov
• Required for payment of fees for J events
  requiring such fees
• Reinstatement
• Change of category
• Required programs to be registered by August 31
• Has anyone paid through Pay.gov?

5
New Fees for J Programs

• Effective December 3, 2007
• Fee Schedule
• Program designation increases from 799 to 1,748
• Redesignation has no fee, but will be 1,748
• Extensions beyond maximum duration, change of
  category and reinstatement will increase from
  198 to 246
• ECFMG sponsorship authorization, and permission
  to issue new fee of 246
• Eliminates fee of 43 for rush request for IAP-66
  forms

6
Redesignation

• Most academic J programs need to be redesignated
  early next year
• SEVIS gives alert 6 and 3 months before end of
  current designation
• RO requests redesignation through SEVIS
• Not clear what impact how new fees will apply
  DOS says that they will apply
• Regulations say redesignation is every 5 years,
  but SEVIS makes it every 2 years

7
Intern/Trainee Rule

• Effective July 19 2007
• Subcategory of Trainee Category
• Proposed Student Intern Rule is subcategory of
  College/University Student Category
• Proposed Student Intern rule operates much like
  new Intern rule

8
Intern/Trainee, contd

• Trainees must be established in profession
• Degree in related field
• Certificate plus 1 year experience or
• 5 years experience in occupation
• Interns are current students abroad or recent
  graduates (graduated in 12 months preceding start
  of intern program)

9
Intern/Trainee, contd

• Duration
• Trainee programs18 months
• Intern 12 months
• Limitations on Trainee/Intern programs
• No casual, unskilled work
• No childcare, eldercare, patient care/contact
• Clerical tasks limited to 20 of activities

10
Intern/Trainee, contd

• Third party agreements between sponsor and
  partners - i.e. host trainer
• Written agreement with sponsor required
• Sponsors screen and vet partners for legitimacy
• Partners acts imputed to sponsor
• Site visits by sponsor to host partners may be
  required

11
Intern/Trainee, contd

• Intern programs
• Structured, guided, reinforce academic study
• Expose intern to US techniques, methodologies,
  expertise
• Enhances interns knowledge of American culture
  and society
• Develops skills which enhance career
• Cannot duplicate prior experience or training
• 32 hours/week or more

12
Intern/Trainee, contd

• Sponsors verify English language ability
• Recognized language test
• Signed documentation from academic or English
  language school or
• Interview in-person, videoconference or webcam
• Sponsors retain documents for 3 years

13
Intern/Trainee, contd

• DS-7002 signed by sponsor, exchange visitor and
  training/internship supervisor
• DS-7002 completed and signed prior to issuing
  DS-2019
• Contents of DS-7002
• Goals, objectives of training/internship
• Details knowledge, skills to be imparted
• Describes methods of performance, evaluation and
  supervision, role of intern in organization
  (cant be CEO)

14
Student Intern Rule (Proposed)

• Available to sponsors with College/University
  Student category
• No need to apply for new category
• Participants - foreign students currently
  enrolled in postsecondary institutions outside US
• Recent graduates excluded

15
Student Intern, contd

• Duration 12 months per degree level
• Purpose learning, not employment
• Good standing in current academic program
  required
• DS-7002 signed by sponsor, dean at foreign
  institution
• goals/objectives, description of activities,
  supervision, explanation of how program enhances
  academic program (similar to academic training
  authorizations)

16
Student Intern, contd

• Many similarities to Trainee/Intern program
• 3rd party partners (except staffing companies)
  may recruit, train, host etc.
• Sponsors screen and vet partners
• Sponsors verify English language skills
• Site visits by sponsors required for some hosts
• 32 hours/week or more

17
Sanctions/Terminations

• New rule effective December 2, 2007
• Bases for sanctions
• Violations of EVP regulations
• Pattern of noncompliance by sponsor
• Endangerment of health, safety or welfare of
  exchange visitor
• Undermining foreign policy objectives of EVP,
  compromising national security, bringing Dept. of
  State or EVP into disrepute

18
Sanctions/Terminations, contd

• Lesser sanctions
• Written reprimand, probation, imposition of
  corrective action plan, reduction of allowed
  number of exchange visitors
• Review (appeal) to EVP office in writing no
  further administrative review available
• Greater sanctions
• Suspension of sponsors program, revocation of
  designation, refusal to re-designate, suspension
  or revocation of RO/ARO approval

19
Sanctions/Terminations, contd

• Suspensions
• Serious act which endangers health, safety or
  welfare of exchange visitor or
• Damages national security interests of US
• Suspension may last 120 days
• Reviewable by Principal Assistant Deputy
  Secretary of State
• Suspension remains in force during review

20
Sanctions/Terminations, contd

• Revocation of designation
• Any act or omission under regulations
• EVP office gives 30 days notice
• Reviewable by PDAS
• Second level of review is 3 officer panel
  appointed by Dept. of State
• Request to review does lift revocation during
  review

21
Sanctions/Terminations, contd

• Denial of re-designation
• Any act or omission under regulations
• EVP provides 30 days notice
• Review process same as revocation of designation
  sanction
• Suspension/revocation of RO/ARO status
• Any act or omission
• Review process (if any) unclear

22
Sanctions/Terminations, contd

• Effect of suspensions, revocations etc.
• Sponsor cannot issue DS-2019s
• Cannot recruit new exchange visitors
• Existing exchange visitors continue on current
  DS-2019 but cannot extend may transfer

23
Sanctions/Terminations, contd

• Terminations
• Voluntary - at sponsors request
• Involuntary imposed by EVP
• Inactivity of program
• Failure to file annual report 2 consecutive years
• Change in ownership/control of sponsor
• Loss of accreditation/licensure to operate
• Failure to apply for re-designation
• For cause

24
Sanctions/Terminations, contd

• Reviving terminated program
• Apply for re-designation as new program
• For cause terminations may not apply for 5
  years
• Other terminations
• Dept. of State may terminate or deny
  re-designation to entire class of programs
• National security reasons
• Programs found not to further public diplomacy

25
Sanctions/Terminations, contd

• Sponsors must notify exchange visitors of
  sanction that results in inability to issue
  DS-2019
• Exchange visitors have opportunity to transfer to
  active program