 
 
 
 
 
 
 
 
 


|
|
Only
One J-1 Trainee Program Allowed
Posted
Oct 17, 2003
The U.S. Department of State (DOS) issued a Notice on October 1, 2003 to all
sponsors of J-1 training programs, informing them that the regulations
governing those programs allow foreign nationals to participate in only one
trainee program. This refers only to one type of J-1 program, for
"trainees." It should not be confused with any of the many other types of
J-1 programs, which include J-1 programs for professors, research scholars,
and foreign medical graduates, as well as au pairs and camp counselors.
Regulation Not Changed
The Notice does not change the law or regulations. Rather, its purpose is to
clarify the matter for the program sponsors. All J-1s, including trainees,
must have an authorized sponsoring organization, which issues the necessary
form, the DS-2019 (formerly IAP-66). These organizations are authorized by
DOS to act as sponsors. DOS became aware that some of the sponsors were
requesting second training programs, which is in violation of the DOS
interpretation of the existing regulations.
Timeframes
To further clarify the matter, the Notice explained that the timeframes
allowed for training programs. Trainees may be admitted to the U.S. for up
to eighteen months. However, some sponsors are designated for twelve-month
programs, others for the full eighteen months. If the program is a
twelve-month program, there is a process for the sponsor to request an
exceptional extension of six months, for a total of eighteen months, through
the Student and Exchange Visitor Information System (SEVIS). If the program
sponsor is designated to administer an eighteen-month program, and the
participant is admitted only for a twelve-month program, the extension of
time is easier to obtain. In this event, the sponsor may determine that more
time is needed for more training or advanced training in the same area. To
accomplish this, the sponsor may extend the training program by six months.
Therefore, while extensions up to eighteen months may be allowed, the
extension must be part of the same program.
©
The
Law Office of Sheela Murthy, P.C.
|
|
|