In the coming weeks, we expect employers to have a very difficult time locating private sector J-1 sponsors to issue new Forms DS-2019 for interns and trainees. In order to apply for a J-1 visa, an individual must secure a valid Form DS-2019 from a qualified program sponsor that meets the requirements of the Department of State’s Exchange Visitor Program. An individual must also have a host employer that agrees to provide an internship or training opportunity. J-1 exchange program sponsors are typically nonprofit organizations in the private sector. These sponsors work in close collaboration with employers wishing to host J-1 interns and trainees. Every year, thousands of recent graduates and university students from abroad apply for J-1 visas to gain an experience working briefly in the United States. We may imminently see a cap reached on the number of J-1 visitors admitted for internship and training opportunities for this calendar year.
The shortage of Forms DS-2019 is already an issue for many program sponsors. The Department of State’s Bureau of Educational & Cultural Affairs (“ECA”) controls the annual allotment of Forms DS-2019 issued to program sponsors. This year, ECA gave J-1 sponsors an annual allotment of DS-2019s that equaled the number of J-1 visitors who entered the United States on their programs in 2011. To secure additional Forms DS-2019, program sponsors must apply to ECA with a request to sponsor more interns and trainees. According to our latest information, very few sponsors have been granted an increase in Forms DS-2019 to expand their programs. This is occurring at a time when the economy is improving and U.S. companies are showing a greater interest in hosting interns and trainees from abroad.
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Immigration Law Updates, Labor & Employment Law Updates
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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