# J-1 Trainee visa - problems/confusion re. application criteria



## SMP8427 (Mar 3, 2012)

Hi all,

Hoping to find some people who have come to the US on a J-1 trainee visa - NB, not an intern, or any of the other J-1 categories... I am having some problems and would be really grateful for some advice!

My boyfriend was transferred by his company to Boston earlier this year. I am hoping to join him for 1 year as I can take a career break from my work. I looked into various options, and hoped to apply for a J-1 trainee visa - the plan being that this would allow me to stay for 1 year, but even better would be a work placement so I would gain some skills and experience as well. I did a lot of research into the process online, and found a sponsor organisation who specialise in my field (Arts administration) who were willing to sponsor my application in principle. 

I approached an organisation, who are very keen to host me for the year - they have put together a really great programme for the year. We had finally reached the stage where I am ready to submit the forms to the sponsor organisation - I was just waiting for a few pieces of information from my host org. At this point, my supervisor at my host org wanted to run everything past their HR dept, who in turn wanted to check arrangements with their immigration & labour attorneys.

Unfortunately, the attorneys have come back to say they are not happy with arrangements. They are concerned that the plans violate the Fair Labor Standards Act, as I would not be paid. I am really confused by this, as I cannot find anything on the State Dept websites which stipulate you have to be paid, or that you would be breaking the law if you are not - I understood that as the focus was on the exchange of knowledge and experience it was not the same as 'labor'. 

I have also been told by my host org's attorneys that a trainee has to be sponsored by their company. My company in the UK are very supportive of my plans, but at the moment there is no suggestion that they would sponsor me - I have not discussed it with them as I did not think it was necessary. This seems to be a major reason why I would not be eligible for the visa.

If there is any one who has come to the US on a trainee visa, I would love to hear from you. Has any one else met with these problems and either over come them or had to rethink? 

Any advice would be really gratefully received - I am so confused as to why this can't work!!

Thanks,

Sarah


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## Crawford (Jan 23, 2011)

SMP8427 said:


> Hi all,
> 
> Hoping to find some people who have come to the US on a J-1 trainee visa - NB, not an intern, or any of the other J-1 categories... I am having some problems and would be really grateful for some advice!
> 
> ...


The fact that you are planning to be in the States for a year (possibly more) leads me to ask how you can support yourself if not receiving payment for your
work placement - even at trainee level.

Is your sponsor company paying you? 

You say that the host organization is putting on a really great program for you - presume you will be doing something in return (you did mention a work placement)? ...... and they are not paying you anything?

Yes, I could see how the host organization might be worried about being accused of worker exploitation, even if you were quite happy with the situation.


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## MelissaF (Jun 25, 2013)

Hello Sarah,
I am currently looking to re-locate to the USA (for 6months to a year) on J-1 trainee visa, and work in a similar field to you (arts admin).
It would be great to know who you used as your host company and sponsor organisation.
I would really appreciate any advice that you may have for me.
Please can you contact me?? If you send me a private message, I will send you my personal email address.
Many thanks in advance...
Melissa


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## Bevdeforges (Nov 16, 2007)

Melissa, you're going to have to have a few more legit posts before you can send or receive PMs on the form. (Trust me, it's in your best interests - before we had that rule, we had lots of problems with misuse of the PM system.)

But just FYI, there is a page available on the State Dept website to help you locate sponsors for the various types of program. Designated Sponsor List | Participants | J-1 Visa
Cheers,
Bev


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## SMP8427 (Mar 3, 2012)

Hi Melissa,

I would be happy to share my experiences with you. I'd be happy to do this via email, but I don't want to post my address in a thread. Not sure what the options are if we can't PM?

Anyway - one question I can answer straight off is re. my sponsor organisation. I used International Arts & Artists, in DC - I can't post a link but you can google them. They're also on the DOS J1 page.

I would thoroughly recommend them - I found them to be incredibly efficient and very professional in guiding me through an unfamiliar process.

Hope that helps a bit, at least, and if you can get your email to me I will happily share more of my experience.

All best,

Sarah


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## MelissaF (Jun 25, 2013)

Thanks Bev - very helpful.
International Arts & Artists are on that list too.

Sarah - I would love to hear more about your experience! 
I've set up a new email account that I don't mind posting on here, please get in touch - its: melissaf231 AT yahoo DOT com (the site won't let post the address so have had to write it like that, hope it makes sense )

Look forward to hearing from you....
Melissa


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