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
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. Many sponsors are turning new J-1 applicants
away. 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 equal to 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.
Many program sponsors are already informing employers that they
have no additional spaces for new J-1 interns and trainees. The
State Department has discretion to create numerical limitations on
J-1 visas. The agency may also refuse to grant an increase in a
sponsor's allotment of Forms DS-2019. Unless the State
Department acts soon, we anticipate that program sponsors will be
unable to accept new applications for interns and trainees by early
August.
The State Department should not cap the number of J-1 visas this
year without a notice and comment period. This would be a fair and
balanced approach to making substantial changes to an important
program. U.S. employers are important stakeholders in the State
Department's J-1 intern and trainee program. The State
Department should hear from employers before capping J-1 visas this
year. Any decision to cap J-1 visas should be undertaken with
caution, weighing the mission of cultural exchange accomplished
through the J-1 visa.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
Specific Questions relating to this article should be addressed directly to the author.
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EB-2 category for all chargeable areas other than China and India remains current, with some considerable forward movement but continued backlog in the EB-3 category.
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