J-1 Intern & Trainee Visa Laws and Regulations Guide
Overview of the J-1 Visa Program
The J-1 visa is an exchange visitor visa established under the Mutual Educational and Cultural Exchange Act of 1961, designed to promote international cultural and educational exchange. Managed by the U.S. Department of State under the BridgeUSA program, the J-1 visa enables foreign nationals to gain professional training, academic research, and cultural exchange experience in the United States.
The Intern and Trainee programs under the J-1 visa category allow participants to engage in structured, supervised training at U.S. host organizations to enhance their skills and understanding of American business practices.
J-1 Intern vs. J-1 Trainee: Key Differences
J-1 INTERN
vs
J-1 TRAINEE
University students and recent graduates
Target Participants
Professionals with work experience
Currently enrolled in a degree program or graduated within the past 12 months
Eligibility Criteria
Bachelor’s degree with at least 1 year of relevant experience OR 5 years of relevant work experience
Up to 12 months
Maximum Duration
Up to 18 months
J-1 Visa Eligibility Requirements
J-1 Intern Eligibility
- Must be currently enrolled in an accredited university outside the U.S. or
- Must have graduated within the past 12 months
- Internship must be directly related to the participant’s academic field
J-1 Trainee Eligibility
- Must hold a bachelor’s degree and at least 1 year of related work experience outside the U.S. or
- Must have at least 5 years of professional experience in the relevant field
- Training must be structured and directly related to the participant’s professional background
A host organization accepting J-1 visa participants must:
General Eligibility:
- Must have been operational for at least one year and employ a minimum of five full-time staff at the training site.
- Must have a valid Employer Identification Number (EIN) or Tax ID and, where required, an active Worker’s Compensation policy.
Program Standards:
- Provide a minimum of 32 hours per week with clearly defined training objectives and activities.
- Offer on-site supervision and mentorship by experienced staff.
- Facilitate educational and cultural experiences for exchange participants, both within and outside the workplace.
- Ensure participants complete arrival notifications and required evaluations.
- Provide an orientation covering organization policies, rules, and any available benefits to help participants integrate successfully into the program.
Interview Requirement:
- All interns and trainees must be interviewed by the host organization or sponsor via video conference, phone, or in-person. Documentation of the interview is required.
Compliance with Labor Laws:
- Adhere to all federal, state, and local labor and wage laws, including withholding applicable taxes.
- J-1 participants are exempt from FICA and FUTA taxes but must pay federal, state, and local taxes. They must also obtain a Social Security Number if compensated by a U.S. entity.
- Compensation cannot be based on tips, and participants should not be considered independent contractors.
Prohibited Use of Program:
- The program cannot be used for ordinary employment or to displace American workers.
- The program cannot be used to assist individuals in staying in the U.S. beyond their program dates.
To participate as a host organization, you must:
Ensure Program Alignment:
- The proposed training or internship must align with the participant’s educational background and career goals.
Provide Adequate Supervision:
- Participants must receive consistent supervision and mentorship.
Facilitate Cultural Exchange:
- Offer opportunities for participants to engage in cultural activities outside the workplace.
Adhere to Employment Restrictions:
- Positions must provide substantive learning experiences and cannot involve more than 20% clerical tasks or include unskilled labor roles.
Compensate Fairly:
- While not all J-1 programs require compensation, interns and trainees should receive at least the minimum wage or higher if required by local laws.
Participants in the J-1 program must:
Maintain Valid Status:
- Remain engaged in the approved program and avoid unauthorized employment.
Comply with Reporting Requirements:
- Regularly update their sponsor on changes in address, employment, or program status.
Participate in Cultural Exchange:
- Actively engage in activities that promote cross-cultural understanding.
Adhere to Two-Year Home Residency Requirement:
- In some cases, participants must return to their home country for two years after completing their program before they can apply for certain U.S. visas.
J-1 Visa Application & DS-2019 Issuance Process
01
Secure a Host Organization
Identify a U.S. employer willing to host the participant under the J-1 program.
02
Apply through a Designated Sponsor
Organizations like Stanley Prep evaluate and approve applicants.
03
Develop a Training Plan (T/IPP - Form DS-7002)
A structured training plan must be created and approved.
04
Issuance of DS-2019
Stanley Prep, as the designated sponsor, issues Form DS-2019 to eligible participants.
05
Schedule a Visa Interview
The participant applies for a J-1 visa at a U.S. embassy or consulate.
06
SEVIS Registration & U.S. Entry
Upon arrival, participants must register with SEVIS to maintain legal status.
Key J-1 Visa Legal Regulations &
Compliance Requirements
SEVIS Registration
All J-1 visa holders must register with the Student and Exchange Visitor Information System (SEVIS) upon arrival and regularly update any changes in address, employment, or program status.
Employment Restrictions
J-1 visa holders are not permitted to engage in employment outside of their approved training or internship program.
Duration & Extension
▸ J-1 Intern: Maximum duration of 12 months
▸ J-1 Trainee: Maximum duration of 18 months
▸ After program completion, participants have a 30-day grace period for travel but cannot engage in work activities.
Two-Year Home Residency Requirement
Some J-1 participants may be subject to the Two-Year Home Country Physical Presence Requirement, meaning they must return to their home country for at least two years before applying for certain U.S. visas.
Cultural Exchange Requirement
As a core element of the J-1 program, participants must engage in cultural activities that promote cross-cultural understanding, such as networking events, professional conferences, or community service.
J-1 Visa Costs & Financial Requirements
Participant Costs
J-1 applicants are responsible for the following fees:
- SEVIS Fee: $220
- Visa Application Fee:$185
- Sponsor Program Fee: Varies by program
- Mandatory Health Insurance Coverage
Host Organization Costs
- New host organizations may incur site visit fees
- If providing a stipend, hosts must comply with U.S. minimum wage laws
Why Choose Stanley Prep as Your J-1 Visa Sponsor?
Stanley Prep is a designated J-1 visa sponsor committed to ensuring regulatory compliance, cultural exchange, and professional growth for all participants and host organizations.
Comprehensive Application Support
From program design to compliance monitoring
Customized Training Plans
Tailored to match career goals and host company needs
Regulatory Compliance Assistance
Ensuring seamless adherence to U.S. Department of State regulations
Cultural Exchange Opportunities
Encouraging global collaboration beyond professional training
Start Your J-1 Program with Stanley Prep Today!
For more details on J-1 Intern & Trainee programs, contact Stanley Prep now!
