General Eligibility:
- Must have been operational for at least one year and employ a minimum of five full-time staff at the training site.
- Must have a valid Employer Identification Number (EIN) or Tax ID and, where required, an active Worker’s Compensation policy.
Program Standards:
- Provide a minimum of 32 hours per week with clearly defined training objectives and activities.
- Offer on-site supervision and mentorship by experienced staff.
- Facilitate educational and cultural experiences for exchange participants, both within and outside the workplace.
- Ensure participants complete arrival notifications and required evaluations.
- Provide an orientation covering organization policies, rules, and any available benefits to help participants integrate successfully into the program.
Interview Requirement:
- All interns and trainees must be interviewed by the host organization or sponsor via video conference, phone, or in-person. Documentation of the interview is required.
Compliance with Labor Laws:
- Adhere to all federal, state, and local labor and wage laws, including withholding applicable taxes.
- J-1 participants are exempt from FICA and FUTA taxes but must pay federal, state, and local taxes. They must also obtain a Social Security Number if compensated by a U.S. entity.
- Compensation cannot be based on tips, and participants should not be considered independent contractors.
Prohibited Use of Program:
- The program cannot be used for ordinary employment or to displace American workers.
- The program cannot be used to assist individuals in staying in the U.S. beyond their program dates.