WELCOME

Karen S. Hawkins, Director - Office of Designation Office of Private Sector Exchange U.S. Department of State

Purpose of the Exchange Visitor Program

• Promote mutual understanding in accordance with the Mutual Educational and Cultural Exchange Act of 1961 (Fulbright-Hays Act)

• Foreign Policy Objectives and Public Diplomacy Tool• Educational and Cultural Exchanges• Over 1,500 Designated Program Sponsors• 315,000+ new exchange visitors annually• Program regulated at 22 CFR Part 62

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2016 New Exchange Visitors:324,967

1. China – 6,4472. Germany – 3,6483. France – 3,4394. South Korea – 2,8495. United Kingdom –

2,4096. Japan – 2,3357. Spain – 1,7158. Mexico – 1,6459. Australia – 1,43010.India – 1,098

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Top 20 Sending Countries in 2016: College and University Students

11.Turkey – 1,05612.Italy – 1,04513.Netherlands – 1,03714.Sweden – 74115.Pakistan – 71416.Taiwan – 66817.Denmark – 60418.Brazil – 57419.Singapore – 55620.Hong Kong – 456

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OFFICE OF PRIVATE SECTOR EXCHANGEfice of Private Sector Exchange

Deputy Assistant SecretaryFor Private Sector Exchange

Vacant

Office of Private Sector Exchange

AdministrationHenry Scott, Director

Policy Program & Support

Kevin Saba, Director

Office of Exchange Coordination and

Compliance

Susan Geary, Director

Office of Designation Karen Hawkins,

Director

Academic/Gov’t Programs Division

Tammie Stewart, Chief

Private Sector Programs Division

Diane Culkin, Chief

Academic/Gov’t Programs Division

Mark Howard, Chief

Private Sector Programs Division

James Alexander, Chief Darra Dirska, Chief

The Office of Designation continues to focus on the following in the management of the program:• Designations and Redesignations• Sponsor Outreach• Allotment/Expansion Requests• Collecting and Analyzing Reports• Updating SEVIS• Program extensions• Best practices, program highlights • Explaining the regulations• Administer the Jvisas@state.gov mailbox

Office of Private Sector Program Designation (D)Roles and Responsibilities

How to Become a Designated Sponsor

22 CFR 62.5 Designation• Previous Experience – 3 years• Financial Solvency

Visit our Website -

• http://j1visa.state.gov/sponsors/become-a-sponsor/how-to-apply/

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The Office monitors the administration of the exchange program. Key functions include:• Incidents and complaints

Investigating incidents and complaints• Working with sponsors to course correct• Ensuring exchange visitor health, safety, and welfare• Trend analysis• Monitoring

One-on-one meetingsDiscussion groupsSurveys

• Protect the public reputation of the program and Department• 24-hour helpline

Office of Private Sector Exchange Administration (OPA)

Roles and Responsibilities

How is D different from OPA?

D works specifically with the following:

Assisting sponsors with day-to-day J-visa related administrative, policy, and regulatory questions and inquiries.

Reviewing annual reports and requests for reinstatement, change of category, extension, and permission to issue.

Reviewing designation and re-designation applications

Conducting outreach to assist sponsors and to evaluate the health of program

categories

OPA works specifically with the following:

Monitoring and enforcing compliance with Department regulations and policies with a focus on exchange

visitors’ health, safety, and well-being

Responding to complaints and incidents reported by sponsors

Evaluating day-to-day EVP administration, including the review of SEVIS records and conducting field

site visits

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Accredited academic institution

Accreditation is the process used in U.S. education to ensure that postsecondary institutions, and other education providers meet, and maintain, minimum standards of quality and integrity regarding academics, administration, and related services. It is a voluntary process based on the principle of academic self-governance.

22 CFR § 62.2 (Subpart A) defines an “accredited academic institution” as: “Any academic institution that is duly accredited by the appropriate academic accrediting authority of the U.S. jurisdiction in which such institution is located. In addition, all post-secondary institutions also must be accredited by a nationally recognized accrediting agency or association as recognized by the Secretary of Education.” • This definition governs accredited academic institutions located in the United

States and is used in determining an institution’s eligibility to apply for designation as well as sites of activity for certain exchange programs.

 

Ministerially-recognized

Ministerially-recognized: For overseas institutions, Subpart A Final Rule uses the words “ministerially recognized” academic institution rather than the word “accredited.”

As the U.S. Department of Education’s website notes - “In international terms, accreditation by a recognized accrediting authority is accepted as the U.S. equivalent of other countries' ministerial recognition of institutions belonging to national education systems.”

There are currently more than 190 separate systems of education in the world. These systems operate more than 12,000 institutions of higher education. 

Dual educationThere are also many ministerially-recognized post-secondary educational institutions abroad that integrate academic and work-based learning to prepare students for a successful transition to full-time employment (these are often called “dual education institutions”).

Students earning (or who have earned) a B.A. equivalent or professional certificate from such dual education institutions abroad may be considered eligible for participation in the J-visa program if:

- their course of study is more than 50% academic and

- their ministerially-recognized educational institution is subject to official national, state, and municipal level checks-and-balances to ensure that short-term needs of employers do not distort broader academic goals within the course of study.

Criteria for determining permissible institutions abroad

The criterion that should be used to determine the appropriate nature of the intern’s or trainee’s institution is -

• Whether the school is ministerially recognized as having an academic functionwithin the national education system of the country where the school is located;• In countries without a national ministerial system, is recognized as having an academic function by an official regional educational authority.  ** Graduates of primarily vocational, rather than academic, institutions (regardless of their ministerial recognition or accreditation) outside the United States are not eligible to participate in the intern, trainee, and student intern categories under the Exchange Visitor Program.

• The following factors of the trainee test are considered and analyzed to determine whether the worker is an “employee” or a “trainee.” If all six of the following criteria apply, the trainees are not employees within the meaning of the FLSA:

• The training, even though it includes actual operation of the facilities of the employer, is similar to that which would be given in a vocational school or educational environment;

• The training is for the benefit of the trainees;• The trainees do not displace regular employees, but work under their close

observation;• The employer that provides the training derives no immediate advantages

from the activities of the trainees, and on occasion operations may actually be impeded;

• The trainees are not necessarily entitled to a job at the conclusion of the training period; and,

• The employer and the trainees understand that the trainees are not entitled to wages for the time spent in training.

Employment Relationship

StakeholdersU.S. Department of State – oversight of Exchange Visitor Program (EVP). Authorizes organizations to issue Form DS-2019 (Certificate of Eligibility)Sponsor – issues Forms DS-2019 to candidates deemed eligible for the J-1 visa Exchange Visitor Program, as determined by provisions outlined in the J-1 program regulationsHost organization – an organization that offers a training program to an eligible candidate and hosts him/her for the duration of his/her program.Recruitment partner – assists sponsor in identifying candidates and sometimes host organizations sometimes in other areas of program administration

SponsorSponsor – organization authorized by the Department to sponsor foreign nationals for J-1 visa Exchange Visitor Programs

• DS-2019 issuance• Overall program responsibility• Screening of all parties• Support of EVs• Screening• Insurance• Monitoring• Evaluations• Cultural activities

Host organizationHost organization – an organization that offers a training program to an eligible candidate and hosts him/her for the duration of his/her program.

• Training – T/IPP• Screening• FLSA• Program evaluations• Reporting• Contract/agreement• Sponsor contact

Requirements outlined in the regulations are a baseline that sponsors must meet in the administration of their programs. Sponsors may impose more stringent requirements so long as these meet the minimum regulatory requirements.

Recruitment partnerRecruitment partner – an organization with which a sponsor enters into an agreement for assistance in recruiting candidates for its programs.

• Provides information• Support of sponsor• Contract/agreement• Screening• Typical services

Requirements outlined in the regulations are a baseline that sponsors must meet in the administration of their programs. Sponsors may opt to impose more stringent requirements so long as these meet the minimum regulatory requirements.

Best practices:• Screening• Transparency• Program purpose• Expectation management

Trends and areas of concern:• Return rates• AWOLs

PRE-PROGRAM

Best Practices

Some ideas for host organizations:

• Cultural activities• Buddy program• Transportation• Housing assistance• Welcome program• EV meetings• English improvement• Alumni networks

SEVIS

SEVIS – Student Exchange Visitor Information System

• Post 9/11• Form DS-2019• Program information• Presence in the U.S.• Updates

Potential problem areas

Potential pitfalls in use of program

• Unskilled – bussing tables, expediting food, housekeeping, laundry• Lack of supervision – overnight shifts, night audit• English level – should interview EV to ensure that EV’s English

fluency is sufficient to carry out intended training• Tipped positions – must meet minimum wage / hourly wage listed

on T/IPP• Meant for training – EVs should not be in positions normally filled by

regular employees. Not to fill a labor shortage or staffing needs

` Potential problem areas (cont’d)

Potential pitfalls in use of program

• Hours• Schedule• T/IPP chronology• Split shifts• Supervisor involvement and awareness

Cultural ActivitiesIt is the Department’s view that cultural programming should provide exchange visitors the opportunity to -1) learn about U.S. society and culture outside of their placement, 2) share their own cultures, traditions, and views with Americans, 3) experience the United States and its diversity, 4) encourage EVs see the world from another perspective, 5) help EVs be more tolerant and respectful of differences, and 6) allow EVs to appreciate similarities that bring people of different

nationalities and backgrounds together.  

Our office is gathering statistics, success stories, and program highlights for our exchange visitor programs. This information will be used• To brief State Department senior staff members and the

Congress• To enhance program design and create alumni communities• As a repository of best practices for the exchange visitor

sponsor community

SUCCESS STORIES

Contact Information and Online Resources• Email questions to

JVisas@state.gov

• Exchange Visitor Program website:

j1visa.state.gov/

SEVIS User Manuals: j1visa.state.gov/sponsors/current/sevis/

Guidance Directives and EVP Welcome Brochure: j1visa.state.gov/sponsors/current/regulations-compliance/

• Bureau of Consular Affairs: travel.state.gov or National Visa Center at (603) 334-0888

• U.S. Citizenship and Immigration Services National Customer Service Center: (800) 375-5283

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Stay Connected with Us

@J1Exchanges #RouteJ1 http://j1visa.state.gov/routej1/

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THANK YOU!

The Department of State thanks you for your

commitment to International Exchange