J-1 Program regulations training

J-1 Programregulations training Prepared by Shannon Robertson, Responsible Officer Modified June 10, 2009 AIESEC US

WHAT IS COMPLIANCE? AIESEC US

Compliance Compliance Is… • Demonstrable adherence to program regulations • Standardization and documentation of processes • Standardization and archiving of materials and data Compliance… • Makes your job easier • Changes the way AIESEC US “raises traineeships” • Enhances participant and host company experiences • Builds a better program • Improves AIESEC US’s culture of professionalism • Improves AIESEC US’s reputation with the US Department of State

AIESEC US’s Goals for Compliance • Complete, error-free participant applications, data, and documentation that is “audit-ready” at all times • Ongoing program evaluations and other tracking mechanisms • Educated AIESEC US staff and members • Educated participants • Educated host companies and immigration attorneys • Leadership in program quality and compliance

WHAT ARE PROGRAMRegulations? AIESEC US

Exchange Visitor Program Regulations22 CFR § 62 • General Provisions Rules and regulations that govern all Exchange Visitor Programs on the J-1 visa • Specific Program Provisions Rules and regulations that govern programs under specific categories of designation • SEVIS The Student and Exchange Visitor Information System is a web-based system that maintains information and tracks individuals who enter the United States as non-immigrant students (F and M visas), exchange visitors (J visas), and their dependents (F-2, M-2, and J-2 visas). SEVIS was developed in response to the events of September 11, 2001 and was implemented in early 2003.

Program Purpose AIESEC sells exchange experiences, not visas. The Exchange Visitor Program was created with the Fulbright-Hayes Act, or Mutual Educational and Cultural Exchange Act of 1961. • The purpose of the Act is to increase mutual understanding between the people of the United States and the people of other countries by means of educational and cultural exchanges. • The purpose of the program is to provide foreign nationals with opportunities to participate in educational and cultural programs in the United States and return home to share their experiences, and to encourage Americans to participate in educational and cultural programs in other countries.

Program Requirements • Reciprocity, or “the participation of a United States Citizen in an educational and cultural program in a foreign country.” AIESEC US accomplishes reciprocity through OGX programs available to U.S. students. Cross-cultural activities, or activities “designed to promote exposure and interchange between exchange visitors and Americans so as to increase their understanding of each other’s society, culture, and institutions.” AIESEC US Trainees and Interns are invited and encouraged to participate in activities available through their host companies and AIESEC US Local Communities.

General Obligations of Sponsors • Compliance with regulations. Compliance must be demonstrated through a sponsor’s program processes and materials. • Provide accurate and complete information to participants and the public.All information available to host companies, AIESEC US local communities, and the public must reinforce the purpose and rules of the J-1 Program. • Provide accurate informational materials to participants. All information available to participants and program candidates must reinforce the purpose and rules of the J-1 Program and illustrate the benefits and features of AIESEC US’s program. • Adequate staffing and support to administrate Exchange Visitor Programs offered by the sponsor • Thorough training of employees and host companies. All AIESEC US employees and volunteer staff who interact with participants in Local Communities must receive training and demonstrate a thorough understanding of program regulations and AIESEC US’s program processes. • Appointment of a Responsible Officer.Responsible Officers must be thoroughly familiar with and able to interpret program regulations, ensure that sufficient information is available for participants, and conduct all official communication in relating to AIESEC US’s J-1 Trainee Program.

Special Obligations for Sponsors of Trainee and Internship Programs • Development of a training plan featuring a structured set of activities appropriate to the training field. Sponsors must ensure that the skills, knowledge, and competence are imparted to the trainee within a detailed plan with defined objectives. Activities should be supportive to the training experience and include classroom training, seminars, rotation through departments, on-the-job-training, conference attendance, etc. as needed. Form DS-7002 (Trainee / Internship Placement Plan, or TIPP) is a new form introduced on July 19, 2007 which replaces the formal written training plan. • Conduct evaluations. Sponsors must establish a system of regular evaluations to track participants’ progress and ensure the quality of programs. At minimum, mid-point and concluding evaluations must be conducted and signed by the participant and his or her immediate supervisor. • English Screening.Trainees’ and Interns’ English language skills must be verified by a recognized English language test, by 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 cam.

“Third Parties” AIESEC cooperates with “third parties” who assist us in the operation of our J-1 Programs. These third parties are the host companies with whom we enter into written agreements concerning recruiting, selecting, screening, orienting, placing, training, or evaluating program participants. We are required to screen and vet these organizations. • Sponsors must ensure that host companies that host trainees have sufficient trained personnel, equipment, and expertise to provide training in a structured plan under continuous supervision. Host companies must evaluate participants periodically, and may not conduct training in unskilled occupations or place trainees in positions normally filled by full-time or part-time employees. As of July 19, 2007, all host companies must present their DUNS ID (Dun & Bradstreet identification number), EIN (Employer Identification Number), proof of Workman’s Compensation insurance and information concerning their annual revenue and number of employees before we can approve them to host participants. • Sponsors are required to ensure that third parties understand and comply with all program regulations. Sponsors must retain written record of the agreement, detailing respective obligations and duties and specifically stating the third party’s obligations toward compliance. Any failure on the part of the third party to comply with regulations will reflect negatively upon the sponsor.

Program Administration • Selection and screening of participants.Sponsors must establish a system to ensure that participants are eligible for the program, have adequate education and experience, and are able to communicate in English with a reasonable level of proficiency. • Pre-arrival information.Sponsors must provide all participants, prior to their arrival, with information on the program, travel, housing, healthcare and insurance, costs that Trainees are likely to incur during participation, and other information that will prepare participants to visit the United States. AIESEC accomplishes this requirement through the J-1 Program Welcome Packet. • Orientation. Sponsors must offer orientation to all participants and any accompanying dependents upon their arrival to the United States. Orientation must include information concerning life and customs in the United States, local community resources, rules and regulations of the program, and contact information for the Responsible Officer and the US Department of State. AIESEC accomplishes portions of this requirement through the J-1 Program Welcome Packet, and completes this requirement through Local Community interaction. • Monitoring of participants.Sponsors must monitor all participants to ensure appropriate their appropriate participation, progress, and welfare. Sponsors are required to report information concerning all participants’ “sites of activity” (physical residential address) to SEVIS.

Program Administration, continued • Evaluations.Sponsors must establish a system of regular evaluations to track participants’ progress and ensure the quality of programs. AIESEC collects the PVF (Program Validation Form) and RVF (Reception Verification Form) in addition to the required evaluations conducted at the mid-point and end-point of participant programs. • Documentation (DS-2019).Sponsors provide the DS-2019 (Certificate of Eligibility for an Exchange Visitor Program), not the J-1 visa. • Standards of paperwork. Sponsors are required to retain records for all exchange visitors for a minimum of three years. AIESEC maintains paper files as well as electronic records using the AIESEC Visa System. • Inquiries, investigations, and audits. Sponsors must cooperate with all requests made by the Department of State and should at all times be prepared for a formal audit. • Insurance.Sponsors must require each participant to purchase an insurance policy which covers sickness and accidents during the entire period of participation. Additional policies are required for dependents. Minimum coverage provides medical benefits of at least $50,000; repatriation of remains in the amount of $7,500; medical evacuation expenses of at least $10,000; and a deductible not to exceed $500 per injury or illness. AIESEC US offers mandatory, group-rate insurance coverage through AIG.

The J-1 Trainee Program 22 CFR § 62.22 AIESEC US

Program Features Program Purpose – The primary objectives of training are to enhance the exchange visitor’s skills in his or her occupation through participation in a structured training program and to improve the participant’s knowledge of American techniques, methodologies, or expertise within the individual’s field of endeavor. Such training programs are also designed to enable the exchange visitor trainee to understand better American culture and society and to enhance American knowledge of foreign cultures and skills by providing the opportunity for an open interchange of ideas between the exchange visitor trainees and their American counterparts. • AIESEC US sponsors programs from 2 to 18 months duration, which is the maximum period of participation. • AIESEC US sponsors programs in the following designated categories: Information, media, communications, education (not teaching), social sciences, library science, counseling (not hands-on), social services, management, business, commerce, finance, the sciences, engineering, architecture, mathematics, industry, public administration, law, and arts and culture.

Eligibility Requirements A Trainee is a foreign national who… • Has either a degree or professional certificate from a foreign post-secondary academic institution and at least one year of prior related work experience in his/her occupational field acquired outside the United States, OR • Five years of work experience outside the United States in his/her occupational field Trainees may repeat the program for advanced training or in a different field provided they meet the eligibility requirements and have been outside the United States for two years since the completion of their previous program.

Proper Training Positions • Must not fill labor needs.Trainees may not be placed in positions which are normally filled or would be filled by full-time or part-time employees of the host company. • Skilled positions only. AIESEC US’s designation allows us to sponsor traineeships in specialty fields only, such as management, business, finance, marketing, engineering, architecture, public administration, and law. Designation is pending for arts and culture. AIESEC US is unable to offer traineeships in education, health occupations, hospitality and flight training. • Directly related to the participant’s professional experience. At minimum, degreed candidates must have 1 or more years of related experience. • Commensurate with level of study or professional experience. Trainees must be qualified to participate successfully within their training plans at levels appropriate to their career development. Training may not duplicate a trainee’s prior professional experience • Qualified training providers. Individuals conducting training must possess and maintain demonstrable competence to provide training in the subjects offered to trainees. • No more than 20% of time in clerical tasks.This guideline is a general rule of thumb. Often introductory training covers tasks that could be considered unskilled, however, those tasks must be scheduled within defined training toward a specific end, rather than assigned as activities.

Training Plans All training plans submitted to the Responsible Officer for approval should meet the following guidelines: • Be summarized in the Form DS-7002 format • Feature a complete overview of the host company and each applicable training department • Clearly state the objectives of training and the skills to be imparted to the trainee • Explain how on-the-job training will help the trainee reach the goals defined in the training objective • Approach training through defined phases and timelines • Thoroughly describe tasks and interactions included in each phase • Contain a description of how the trainee will be supervised and evaluated • Disclose the trainee’s stipend, including details of any non-monetary benefits (e.g. room/board, rental car, etc.).

The J-1 Intern Program AIESEC US

Program Features NEW Program! – The J-1 Intern program was created in July 2007 in response to the Department of States’ recognition that foreign nationals who are current student or recent graduates who have not yet had the opportunity to acquire occupational experience in their academic field may be interested in training in the United States. The Intern Program is a structured and guided work-based learning program that reinforces a students or recent graduate’s academic studies and provides on-the-job exposure to American techniques, methodologies, and expertise while enhancing the Intern’s knowledge of American culture and society. . • AIESEC sponsors programs for up to twelve months, which is the maximum duration • AIESEC sponsors programs in the same categories of designation under which we offer the J-1 Trainee program.

Eligibility Requirements An Intern is a foreign national who … • Is currently enrolled and pursuing studies at a degree- or certificate-granting post-secondary academic institution outside the United States, OR • Is a recent graduate of a degree- or certificate-granting post-secondary academic institution outside the United States. The date of graduation may be no more than twelve months prior to the proposed program start date. Interns may repeat the program as many times as they meet the eligibility requirements.

Proper Internship Positions Though the Intern Program is considered work-based instruction, the rules concerning types of positions are more flexible than those for the Trainee Program. Positions offered to J-1 Interns may be entry-level, administrative and project-based positions. • Must not fill labor needs.Internss may not be placed in positions which are normally filled or would be filled by full-time or part-time employees of the host company. • Skilled positions only. AIESEC US’s designation allows us to sponsor internships in specialty fields only, such as management, business, finance, marketing, engineering, architecture, public administration, law and arts and culture. • Directly related to the participant’s field of study • Qualified training providers. Individuals conducting training must possess and maintain demonstrable competence to provide training in the subjects offered to interns.

Internship Plans All internship plans submitted to the Responsible Officer for approval should meet the following guidelines: • Be summarized in the Form DS-7002 format • Feature a complete overview of the host company and each applicable training department • Clearly state the objectives of training and the skills to be imparted to the intern • Explain how on-the-job training will help the intern reach the goals defined in the training objective • Thoroughly describe tasks and interactions included in each phase • Contain a description of how the intern will be supervised and evaluated • Disclose the intern’s stipend, including details of any non-monetary benefits (e.g. room/board, rental car, etc.).

Any questions? AIESEC US

J-1 Program regulations training