DOS Prohibits Second J-1 Training Programs

Exchange Visitor Program
E-mail Notice to J-1 Training Sponsors

Second J-1 Training Programs Not Permitted

This notice is to inform sponsors designated to administer training programs that issuing a Form DS-2019 to foreign nationals to participate in a "second" J-1 training program is not permitted under the Exchange Visitor Program regulations.

The Department's Bureau of Educational and Cultural Affairs has learned, through correspondence from J-1 training sponsors as well as via e-mails from consulate officials, that third party organizations, especially the hotel/motel industry, are requesting "second" J-1 training programs for trainees.

* The Exchange Visitor Program training regulations at 22 CFR
62.22(k) governing duration of program participation state, "the duration of participation shall correspond to the length of the program set forth in the sponsor's designation.  The maximum period of participation in the Exchange Visitor Program for a trainee shall not exceed 18 months total."  This means an exchange visitor's participation in the Exchange Visitor Program is limited to a single consecutive J-1 training program, which can be of any length (based on the sponsor's designation) but shall not exceed 18 months total. There is no reference to a "cumulative" total.   Please note that only J-1 flight trainee programs, which include Airline Transport Pilot Certification, can participate in a training program up to 24 months.

As set forth in 22 CFR 62.2, Definitions, "Exchange Visitor Program means the international exchange program administered by the Department of State to implement the Mutual Educational and Cultural Exchange Act of 1961 as amended, Public Law 87-256, 22 U.S.C. 2451 et seq. (1988) by means of educational and cultural programs.  When 'exchange visitor program' is set forth in lower case, it refers to the individual program of a sponsor which has been designated by the Department of State."  As you will note, the regulation regarding the duration of participation of a trainee is referring to the overall Exchange Visitor Program administered by the Department of State.  An exchange visitor's participation in the Exchange Visitor Program is limited to a single consecutive J-1 training program based on the organizations Letter of Designation.

To provide further clarification please note the following examples:

* If a sponsor has been designated by the Department to
administer a 12- month training program, a participant can be issued a Form DS-2019 for a one-time 12-month training program.  Exchange Visitor Regulations contain a provision for consideration for an exceptional extension beyond the 12 months to a period not to exceed 18 months.  In such cases, a sponsor must submit a request for an  "Extension Beyond the Maximum Duration of Program Participation" through SEVIS as set forth in the "User Manual for Program Sponsor Users (RO/ARO) of the Student and Exchange Visitor Information System" dated April 30, 2003.

* If a sponsor has been designated by the Department to
administer a program for a period "up to 18-months", and a participant entered the US to participate in a 12-month training program and the sponsor determined that the trainee needs to receive additional or advanced training in the same area, that sponsor can extend the participant's training program by 6 months without coming to the Department for approval.  In this case the sponsor is required to have in their file a copy of the advanced training plan. 

* J-1 training sponsors who issue second J-1 programs will
be sanctioned in accordance with 22 CFR 62.50.

[October 1, 2003]

Department of State
Bureau of Educational and Cultural Affairs