If you are a member of the FACCSF you can enjoy the great benefit of hosting a J-1 trainee and obtain a J-1visa!

The French American Chamber of Commerce San Francisco can help you to find interns. If you are interested, please contact us at info@faccsf.com .

The French-American Chamber of Commerce (FACCSF) is authorized by the American State Departments to issue the J-1 visa Certificate of Eligibility, also known as Form DS-2019 (formerly known as Form IAP-66). With this document, a French citizen or permanent resident being trained by a company in the United States can request a J-1 visa authorization at the American Consulate in Paris.

To apply you should satisfy the following requirements. To process your application you can contact us or visit http://www.uccife.org/usa/new_york/.

J-1 Visa: New Regulations for Trainees and Interns

 Memorandum

The Department of State has significantly modified the Exchange Visitor Program for trainees and created a new intern category. The following memorandum summarizes the major points of these changes for FACC exchange programs, and what it means for Chamber members.

I.          Interim Final Rule – Revised Proposal

The June 19, 2007 interim final rule regarding the J-1 trainee and intern visa categories is a revised version of the proposed rule published in the Federal Register in April 2006. These new regulations take into consideration comments from the public, corporations and the exchange community relating to:

a)      the implementation of the new “Intern” program (12 month maximum duration) which will allow post-secondary foreign students to pursue an internship;

b)      the redefinition of required professional experience for “Trainees” – reducing the number of years of relevant experience from three years to one year;

c)      operational and administrative changes, such as revised training plans, required interviews, screening and vetting of host companies (site visits, for example, of companies with fewer than 25 employees) and sponsor redesignation.

II.                Implementation Date

As published in the Federal Register, the effective date of the new regulations is July 19, 2007. The Department of State will accept public comments on the interim final rule until that date; however, it is unlikely that the final rule will be modified significantly.

III.       Operational “Gray Areas”

Despite the publication of these regulations, there are still many operational questions and sponsors lack guidance from the State Department with regard to several important areas. For example:

a)      Experience requirement – Trainees are required to have “one year of prior related work experience in their occupational field acquired outside the United States.” It is not clear if previous internships or training programs (“stages”) will count towards this one year requirement.

b)      Redesignation process – Because there will be a new subcategory of the J-1 visa, sponsors must be officially redesignated in order to sponsor Interns. It is unclear how long the redesignation process will take, and if it will cause any gaps in processing time because of the need to wait for government approval of the newly designated category.

c)      Form DS-7002 (“TIPP”) – The regulations require the use of a standardized training and intern placement plan form (called a “TIPP” form). However, this form, as published by the State Department, contains errors and needs to be revised. For example, the TIPP asks for the trainee or intern’s home address in the United States, whereas very few J-1 exchange visitors know their home address before their arrival. A sample Form DS-7002 is attached for your reference.

Sponsors are awaiting further guidance from the State Department on the above issues, and the FACC will communicate these clarifications as we move forward with implementation of the new regulations.

IV.       Implications of the New Regulations

The new J-1 trainee and intern regulations will have important implications for everyone involved; American embassies and consulates, companies and trainees, and sponsors themselves. Guidelines will be sent to U.S. consular posts shortly regarding the new requirements for the J-1 trainee and intern visas.

a)      Certificate of Eligibility Form DS-2019 – Applicants who have a Certificate of Eligibility Form DS-2019 issued before July 19, 2007 will be governed by the current federal regulations. All J-1 trainee and intern applicants, regardless of start date, who have a DS-2019 dated on or after July 19, 2007 will be governed by the new regulations. Companies should be aware of these dates when filing applications with the FACC to be sure that they are in line with the new requirements.

b)      FACC Fact Sheet – For your information, you will find attached a Fact Sheet summarizing the new requirements which will allow you to communicate the changes with your trainee and intern candidates.

c)      Program Redesignation – With regard to the redesignation procedure, as the FACC currently has two J-1 trainee program numbers, we are confident that there will be no gap or delay in our ability to process applications, and that our redesignation request will be approved quickly by the State Department.

d)      Candidate Interview – The new regulations will require that sponsors, including the FACC, conduct a documented interview of all candidates before they are eligible for the J-1 intern or training visa. This interview may be held by video conference, webcam or telephone, and may also be conducted by a third party on the sponsor’s behalf.

e)      Work Experience Requirement for Trainees – In determining the required corporate work experience for trainees, we believe that training or internships that candidates have performed as students will count towards the one year that is required. Applicants for training programs (but not for internships) will need to provide the FACC with documented proof of their past work experience to qualify. VIE candidates who cannot justify twelve months of previous related experience will be limited to 12 months as a VIE in the United States.

f)        Control Procedure – The new regulations require sponsors to fully vet and screen all host companies, including a documented site visit for any new host company that has fewer than 25 employees or less than $3 million in annual revenue. We will analyze the implication for FACC host companies that are concerned and explore various avenues of compliance.

g)      Program Evaluations – All sponsoring organizations, including the FACC, will be required to collect program evaluations from all participant companies. For training and internship programs of six months or less, a final evaluation is required. For programs of more than 6 months, a midpoint and a final evaluation is required. Evaluations must be signed by the trainee or intern and the supervisor, and submitted to the FACC prior to the completion of each program.

For further information on the new J-1 visa Trainee and Intern regulations, contact Christopher Gallagher, Deputy Managing Director in charge of the exchange programs, at the French-American Chamber of Commerce in New York, at 212-867-0205 or by e-mail at cgallagher@faccnyc.org.