|
|
|
This page is intended to help current CICD
host companies benefit from their training experience and
understand the federal regulations that govern the J-1
Visa Program for trainees.
I) Host Company Responsibilities
II) Extension of Training Program
-----------------------------------------------------------------------------
I) Host Company Responsibilities*
All host companies of CICD-sponsored trainees on the J-1
Visa Program are required to ensure the following:
- Orientation:
Upon arrival, your trainee must be provided with
an orientation to the host company and its
activities, structure, rules, and regulations,
especially training regulations, training
expectations, and safety rules.
Because business practices and acceptable on-the-job
attitudes vary greatly around the world, your
trainee will only be able to understand and
adjust to your company's business if you
introduce him or her to all relevant aspects of
your company's activities, explain your
business values, and show your willingness to
answer any questions that the trainee may have.
- Introduction and Training Tasks:
The trainee must be appropriately introduced to, and provided with, the tasks, activities, and projects described in the training plan for the duration of the entire program. . Training in
unskilled occupations (e.g. as Bookkeeper, Cashier, Dining Room Attendant, Receptionist, etc.) is prohibited by federal regulations.
- Equipment and Personnel:
The host company must ensure that sufficient equipment and qualified personnel are available to allow the trainee to perform the tasks described in the training plan.
- Supervision:
The host company is required to continually
supervise the trainee. J-1 Trainees may not carry
the full responsibility for, or make final
decisions about, any major tasks, projects or
assignments, but they may assist with such
activities under supervision.
- Communication and Cooperation with CICD:
a. Contact Information
CICD must always be kept up-to-date on the
trainee's and his or her supervisor's
current contact information (address, phone
number, and e-mail address). As soon as the
responsibility of the trainee's overall
supervision is transferred to another person,
CICD must be notified immediately. Please contact usto update the
responsible supervisor's and/or the trainee's contact information.
b. Trainee Evaluation
The host company must evaluate the trainee's
performance, discuss the results with the
trainee, and send to CICD a summary of the
evaluation at least at the mid-point and at the
end of the training. CICD will send
corresponding forms to the supervisor at the
appropriate times. If CICD does not receive these
evaluations, the trainee will be considered out
of status and in violation of the conditions of
the J-1 Visa.
c. Changes in Training Program
The host company must inform the trainee and seek prior approval from CICD if the trainee’s training program is expected or planned to deviate from the original training plan.
d. Problems
Promptly inform CICD if any problems arise at the
host company that affect the trainee or are
connected with the trainee. As your trainee's
J-1 Visa sponsor, one of our most important roles
is to act as advisor and liaison between you and
your trainee. When informed early, we have been
able to resolve most problems and
misunderstandings.
e. Trainee Employment Status
The host company must immediately inform CICD if the trainee:
- Does not to show up for the training
- Abandons the training
- Accepts any outside employment (prohibited on the J-1 Trainee Program).
f. Termination
Dismissal of the trainee from the training may
occur for violations of the law, CICD or host
company rules, and only after consultation with
CICD. The company and CICD shall notify each
other immediately if they decide or plan to
terminate a trainee prior to the scheduled end
date of the training. Before dismissing a
participant, CICD shall explore reasonable
alternatives to resolve problems that may have
arisen. Termination from the program shall be a
solution of last resort, when no reasonable
alternatives exist.
- Trainee Role
The host company must ensure that the trainee is
actually engaged in training (following the
syllabus in the Training Offer and
Training Plan). Use of a J-1 trainee to
fill a staff position or complete the work of a
staff member is strictly prohibited. On-the-job
training, however, is encouraged is an important
learning tool.
- Understanding the J-1 Visa
Please be aware that the J-1 Visa is a temporary non-immigrant visa and that the trainee is required to leave the U.S. within thirty days of the last day of the training (unless a change in the Trainee’s visa status alters this requirement).
Click here for the U.S.
Department of State regulations governing the J-1
Visa Program for trainees (the section dealing
specifically with the trainee category can be found under Subpart B, Sec. 62.22).
*This information is not intended to replace the agreements in the "CICD Host Company Contract." Always
consult your Contract and CICD for explanations about any terms of the training program.
-----------------------------------------------------------------------------
II) Extension of Training Program
If your trainee’s program lasts less than 18 months and both you and your trainee would like to continue it beyond its original end date, it may be possible to extend the program up to a maximum duration of 18 months. Your trainee must be currently “in status” on the J-1 Visa and CICD must receive all necessary documentation and application forms at least 20 business days prior to the training end date indicated on the CICD training plan and contracts, so your trainee will not be “out of status” while the application is processed. If an application is received later and CICD decides to consider the request, a US$200 late fee must be paid to CICD in addition to the US$550 extension application fee. Please see our fee and refund policy for details. To request an extension of training, please contact us, so we can send the necessary application materials to you and your Trainee.
Please note that there is never a guarantee that CICD will accept any application for training extension. If CICD denies an application, the denial is final and CICD is not required to provide any explanations of the decision.
If your trainee’s program extension has been approved by CICD, we will issue and send to him/her a new DS-2019 Form. Upon having secured advance permission from your company and CICD, your trainee should then be able to travel to countries adjoining the U.S. (Mexico and Canada) during the extension as long as his/her stay abroad does not exceed 30 days during any visit. A new J-1 Visa should not be required to re-enter the U.S. on such trips, provided the travel dates fall within the period of the extension indicated on the trainee’s new DS-2019 Form (but your trainee does need his/her original J-1 Visa). However, before making travel plans your trainee will need to confirm this information directly with the United States Citizenship and Immigration Services (USCIS) because regulations and enforcement are subject to change without prior notice.
If, during the period of the J-1 program extension, your trainee travels to a country adjoining the U.S for a period that is longer than 30 days OR if your trainee travels to a country that does not adjoin the U.S. (e.g. Spain), he/she needs to obtain a new J-1 Visa that is valid at the time of his/her re-entry into the U.S. Again, your trainee should confirm this information with USCIS and the U.S. consulate or embassy where he/she plans to apply for the visa. The chances of a successful J-1 Visa application are usually higher in ones country of citizenship or permanent residency than in a third country.
For further information pleasecontact us or check our answers
to frequently asked questions.
|
|
|