J2
can get EAD; adjustment is possible but not encouraged.
Sponsor
costs: $3000 to $4000.
Legal
fees:??
\
Transfer
of host (employer) is okay
Transfer
of sponsor (not clear – not usual)
Smaller
company (< 5 employees) as hosts:
American immigration council does not take < 5 employees. Other sponsors may take them.
Concern:
if there is one 1 contact person, it would be difficult to get hold of
somebody.
Grace period allowed? 30 days has prior to arrival and 30 days stayover.
Host employee#: can’t have more than 10 % of J1 workers
Compensation:
- Can be paid by foreign source company, host
company, or self-funding for incidentals (generally a combination of funding is
expected)
-
Issue – a livable compensation package. (e.g. NYC)
Trainee
vs. Intern vs. workers
T & I: Not full time EEs; must be monitored and supervised; parameters for evaluation; touchpoints; short-term period; expected to return home.
Change
of status not a possibility. Can sponsor them after they went back home.
Intern: – up to 12 months
Potential J-1 interns must be enrolled in a post-secondary,
degree-granting academic program located outside of the United States or
graduated within the past 12 months from such post-secondary academic program
outside of the United States.
Trainee: up to 18 months
Potential J-1 trainees must hold a post-secondary degree
related to the field of the training and one (1) year of related work
experience, both of which were gained outside of the United States, or have
five (5) years of related work experience gained outside of the United States.
Most
challenging: Training plan: must be
detailed; who; what; how; scheduled,
etc.
- Look for ahost company (apply on line; check indeed.com, or send email to companies, directly)
Attorney: coordinator
role and provide legal advice.
AIC is a sponsor
https://www.uscis.gov/i-485-addresses
Three
months are generally required.
If
program starts in June, get started in March.
Expedited
fee applies too.
- No agriculture,
health care related, construction field.
-
approved for hospitality/restaurants;
done trainee programs before but we watched them closely to make sure
the training plan is thorough.
Hi Alice,
Sure,
great questions. I’ve been in the industry since 2010 and previously worked
with a different sponsoring organization (HTP J-1 Visa Programs) before
branching out and receiving my own designation in 2016. You’re welcome to check
out my LinkedIn profile (https://www.linkedin.com/in/christinahamil/).
I’ve
attached a guide, which we provide our clients when they are interested in
drafting their own training plans.
If
the perspective EV is in the U.S. currently under B status, it would be
dependent on their length of time and travel history to the U.S. Someone who
has been in the U.S. for 6 months each year for 2 years wouldn’t be a good
candidate for the J visa, but someone who has been in the U.S. for 90 days to
seek internship opportunities is fine. They are required to apply in their home
country, but can start the paperwork process here. The consulate must make a
specific action in their database for the EV to be integrated and eligible for
SSA (Social Security).
J-1
interns and trainees are required to depart the U.S. at the end of their
program to complete their status with us in good standing. If they are not
subject to the Two Year home country physical presence rule, it is their
discretion if they choose to apply for any other qualifying status. However, as
a sponsor, if they do not provide us with confirmation of departure (flight
ticket), their status will not end in good standing.
For
the Intern/Trainee category, it’s strictly under the skills list. We can advise
upfront based on the country of nationality and the training description if the
prospective EV will be subject to the two year rule.
I’ve
attached our fees, overall for a 12 month internship program $3135 and for an
18 month trainee program the total is $3855. If a site visit is needed, the
fees increase only $200 to $3335 and $4055. Please let me know how I can help!
Best,
Christina Hamilton
Intern
| Trainee
T.
404 328 4988
D.
404 328 4961
From: Szetolaw
Assistant <help@szetolaw.com>
Sent: Thursday, January 31, 2019 1:09 PM
To: Tina Hamilton <Tina@J1visaexchanges.com>
Subject: Re: Paul Szeto LLC x J-1 Visa Exchanges
Hi Tina,
It is very nice talking to you over the phone
today. I talked to the attorney, there are a few more questions that we wanted
to ask.
1.
How long has your
company been established? How many J1 beneficiary that you successfully placed
in United States?
2.
Could you send us a
few sample training plans so that we can have some technical guideline?
3.
If a J-1 applicant is
already in the U.S. on tourist visa or other legal status (not H-1B/L-1 or
F-1). Does the applicant need to or do you recommend the applicant leave the
country to apply for the J visa? Can the applicant apply for change of
status?
4.
Can the J visa
beneficiary change status in the U.S. after the intern/trainee period?
5.
Does the
two-year home residency requirement apply? And is there any common
reasons that could trigger such requirement?
And it would be better if we can take a look
at the fee structure.
Thank you!
Best,
Alice
Generally, the J-1 Exchange Visitor Program involves a “sponsor”, a host company, and a foreign national. Sponsors are public and private entities designated by the State Department to carry out the responsibilities of the Exchange Visitor Program, the Department designates public and private entities to act as exchange sponsors. The hosting company is the entity which will provide the training, internship, and cultural program for the foreigner.
Advantages of the J-1 Program
There are many advantages in participating in the J Exchange Visitor Program. The American companies hosting international trainees and interns through can improve their worldwide business contacts and expand the company's presence in the international marketplace. Compared to the H-1B visa program, the J program is relatively mild in terms of regulatory requirements and is not subject to any visa cap. The fees are also lower and the duration of sponsorship is also shorter. The foreign trainees and interns would be able to gain valuable career training and work experience, while at the same time experiencing the American life style. Their spouses and children may also accompany them to visit the U.S. on the J-2 visa.
=================
Foreign Trainees and Interns Eligibility
To be J-1 trainees and interns, the candidates must demonstrate that the proposed J-1 training does not duplicate their previously completed work or training. They must possess sufficient English-speaking skills. They must also demonstrate how the training will be used upon return to the home country and their intent to return to the home country. Specifically for trainees, they must possess a post-secondary degree or professional certificate from an academic institution outside of the United States, plus one year of non-U.S. work experience related to the proposed training, or at least five years of non-U.S. work experience related to the proposed training.
Hosting Company Eligibility (look for it yourself, apply for internships)
The potential host company needs to be in business for at least 24 months. Smaller companies with fewer than 25 employees or $3,000,000 in annual revenue must pre-qualify with the J visa sponsor before applications will be considered. They must have less than 10% of its total staff members in a J-1 Exchange Visitor Training Program. Additionally, the hosting company must have established a bona fide training program in a designated occupational category and has qualified personnel and appropriate facility to provide the proposed training/internship. Most importantly, the J-1 Exchange Visitor will not be engaging in ordinary employment, or fill a position that could be occupied by American workers.
Designated Occupational Categories
The J-1 Exchange Visitor Program covers many professions and educational field including law, communications, publishing, information technologies, sciences, engineering, architecture, mathematics, journalism, software development, art, design, business, etc. The goal is to include as many qualified international visitors as much possible.
Conclusion
As we are moving towards a truly global and international economy and market place, international training programs such as the J-1 program provides valuable opportunities for two countries to exchange their ideas and learn from each other. These J-1 trainees and interns will return home with new career skills and a better understanding of the American culture and people. This in turn will directly or indirectly create more business opportunities between the two countries.
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