Important Updates
Important Updates
December 19, 2025 | GuatemalaGuatemala: Immigration Rules Overhauled to Introduce Remote Work Pathways, Simplify Family Processing and Strengthen Compliance
December 19, 2025 | BulgariaBulgaria: Digital Nomad Residence Permit Introduced
December 19, 2025 | United StatesBusiness Insider: New H-1B Visa Rules Upgrade Some Lottery Applicants — and Squeeze Out Others
December 19, 2025 | DenmarkDenmark: Work Permit Exemption for Business Events, Conferences, Trade Fairs
December 19, 2025 | FinlandFinland: Permanent Residence Eligibility Restrictions Forthcoming
December 19, 2025 | GuatemalaGuatemala: Immigration Rules Overhauled to Introduce Remote Work Pathways, Simplify Family Processing and Strengthen Compliance
December 19, 2025 | BulgariaBulgaria: Digital Nomad Residence Permit Introduced
December 19, 2025 | United StatesBusiness Insider: New H-1B Visa Rules Upgrade Some Lottery Applicants — and Squeeze Out Others
December 19, 2025 | DenmarkDenmark: Work Permit Exemption for Business Events, Conferences, Trade Fairs
December 19, 2025 | FinlandFinland: Permanent Residence Eligibility Restrictions Forthcoming
December 19, 2025 | GuatemalaGuatemala: Immigration Rules Overhauled to Introduce Remote Work Pathways, Simplify Family Processing and Strengthen Compliance
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

New J-1 Regulation Requires Annual Audits, Reports to Department of State

October 9, 2014

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

An interim final rule from the Department of State (DOS) advances new requirements for J-1 program sponsors: to undergo annual management reviews of their internal controls and to file yearly reports with DOS. 

The annual management reviews must be performed by independent auditors, who must review the sponsor’s internal controls as well as the files of a statistically valid sampling of the J nonimmigrants. 

Although DOS has not yet published the timeline for J-1 sponsors in the Trainee and Intern categories, the expanded audit requirement now applies to all J-1 program sponsors, in contrast to being limited to only Au Pair sponsors previously. The Secondary School Student category will be first tapped for this obligation. Audits for other categories will be rolled out in staggered schedules. Sponsors with programs fully funded by federal, state, and local governments are exempt because they are audited under other governmental requirements. 

Most provisions of the interim final rule will take effect on January 5, 2015. Implementation of certain audit requirements will be phased in in stages, and the new insurance requirements become effective on May 15, 2015. The 60-day comment period for the interim final rule will close on December 5, 2014. 

New Compliance Obligations 

J program sponsors also must maintain lists of all domestic and foreign third-parties with whom they have written agreements covering J program conduct. Qualifying third-parties will likely include third-party host organizations, immigration law firms, relocation providers, and recruiters, and do not include administrative service providers, such as for cleaning, payroll, and utilities. 

Responsible Officers (ROs) and Alternate Responsible Officers (AROs) must be familiar with all J program regulations and also with federal, state and local laws, including employment laws like the Fair Labor Standards Act if the sponsor’s J-1 program has an employment component, as is true for sponsors and third-party host organizations in the Trainee and Intern categories. 

ROs and AROs must undergo criminal background checks before holding and performing the officer roles. These checks must be renewed every four years. ROs and AROs must be employees of the program sponsor, though DOS may permit third-parties to be AROs in its discretion. 

New Minimums for Health Insurance Coverage 

The mandatory health insurance coverage minimum has been increased from $50,000 to $100,000 per accident or illness. In addition, J-2 dependents must now be covered by qualifying insurance. 

Sponsors must educate exchange visitors about the insurance requirements, but J nonimmigrants bear the burden of obtaining qualifying insurance. Sponsors must terminate the exchange program where the J participant willfully fails to secure the required coverage. These new requirements take effect on May 15, 2015, so sponsors may fulfill existing agreements with insurance providers and negotiate new purchase contracts. 

Additional Administrative Duties 

The following new obligations will likely impact RO and AROs in administering exchange visitor program duties: 

  • The English language verification protocols currently applicable to the Trainee and Intern categories will be required for all categories although in a modified manner. 
  • Changes to the J-1 nonimmigrant's site of activity must also be updated within 10 business days. Multiple sites of activity may be categorized as primary and secondary within SEVIS.  
  • Changes to the J-1 nonimmigrant's residential address, telephone number, or email address must be updated in SEVIS within 10 business days of notification from the foreign national. 

The following new obligations affect designation and re-designation of J program sponsor status: 

  • DOS will continue to conduct on-site review of current J sponsors to monitor compliance. The mandatory pre-designation site visit requirement introduced in the proposed regulation was removed, though DOS may visit the sponsor-applicant's worksite in its discretion.  
  • Re-designation of J-1 program sponsor status will be issued with validity periods of one to two years, with DOS determinations made on a case-by-case basis.  
  • Re-designation requests must be filed within six months and no later than three months of expiration. The J program may continue to operate until DOS issues a decision on the re-designation request.  
  • DOS also removed the obligation that sponsors obtain and submit Dun and Bradstreet reports. 

What This Means for Employers and Foreign Nationals 

Compliance with the new regulation is likely to present a significant administrative and financial burden to employers who are J-1 program sponsors, particularly for the annual audit and reporting obligation. J-1 program sponsors may in turn impose additional requirements on companies who serve as third-party host organizations to exchange visitors. 

Employers who are J program sponsors should communicate with employment and labor counsel to ensure compliance with all applicable federal, state and local employment laws. 

This alert is for informational purposes only. If you have any questions, please do not hesitate to contact your designated Fragomen professional.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Business Insider: New H-1B Visa Rules Upgrade Some Lottery Applicants — and Squeeze Out Others

Partner K. Edward Raleigh on how the $100K H‑1B fee factors into hiring international talent.

Learn more

Media mentions

Konfederacja Lewiatan: Procedura legalizacji zatrudnienia cudzoziemców w Polsce po zmianach w 2025 r.

Poland Immigration Strategy Director Tomasz Rogala contributes to Konfederacja Lewiatan’s analysis on 2025 changes to work permits and foreign employment in Poland.

Learn more

Blog post

F and J Visa Updates: Social Media Checks Begin as DHS Proposes New Limits

Associate Alejandro Hernandez analyses new F and J visa screening practices, including social media vetting by US consulates and proposed DHS changes that could significantly alter admission periods for students and exchange visitors.

Learn more

Awards

Fragomen Ireland Awarded the KeepWell Mark by IBEC

Fragomen Ireland is accredited with IBEC’s KeepWell Mark™, recognizing the practice’s commitment to wellbeing, inclusion and responsible business.

Learn more

Media mentions

Gazeta Prawna: Specustawa ukraińska wygasa: Pułapka dla pracodawców po 4 marca 2026

Partner Karolina Schiffter highlights a key development as Poland prepares to extend protection for Ukrainians, pointing to the growing role of the courts.

Learn more

Media mentions

The Scotsman: UK Offshore Immigration Crackdown Risks Stifling Growth Unless Policy Meets Reality

Director Kelly Hardman discusses how UK offshore immigration rules are creating challenges for energy and maritime operations.

Learn more

Media mentions

HR Headquarters: Irish Immigration Changes: What Employers Need To Know Now And Into 2026

Partner Ángel Bello Cortés outlines upcoming changes to Ireland’s immigration rules and their implications for employers.

Learn more

Media mentions

ABC7: CA, Other States Sue Trump Admin Over New $100K Fee for H-1B Visas

Partner Chad Ellsworth discussed the new $100,000 H-1B visa fee and ongoing demand for specialized talent across the US tech industry.

Learn more

Media mentions

Caring Times: Home Office Scrutiny Intensifies

Senior Manager Kate Hooper and Associate Naomi Nyamaah explain the importance of maintaining sponsor licences for care providers in the UK.

Learn more

Media mentions

CBC: What We Know About US Proposal to Demand 5 Years of Social Media History From Certain Visitors

Counsel Brian Hunt outlines how the US could scan social media as part of proposed entry requirements for travellers applying through ESTA.

Learn more

Video

Minimum Annual Remuneration Threshold Increases for Employment Permits in Ireland | #MobilityMinute

In the Mobility Minute, Practice Leader Colm Collins outlines upcoming changes to Ireland’s employment permit qualifying criteria and the steps employers should take ahead of the 1 March 2026 implementation.

Learn more

Media mentions

Leading Britain's Conversation: The US Wants to Review Your Instagram Stories - Just in Time for the World Cup

Partner Charlotte Slocombe discusses what travellers to the US under the Visa Waiver Program need to disclose and consider before travelling.

Learn more

Media mentions

Business Insider: New H-1B Visa Rules Upgrade Some Lottery Applicants — and Squeeze Out Others

Partner K. Edward Raleigh on how the $100K H‑1B fee factors into hiring international talent.

Learn more

Media mentions

Konfederacja Lewiatan: Procedura legalizacji zatrudnienia cudzoziemców w Polsce po zmianach w 2025 r.

Poland Immigration Strategy Director Tomasz Rogala contributes to Konfederacja Lewiatan’s analysis on 2025 changes to work permits and foreign employment in Poland.

Learn more

Blog post

F and J Visa Updates: Social Media Checks Begin as DHS Proposes New Limits

Associate Alejandro Hernandez analyses new F and J visa screening practices, including social media vetting by US consulates and proposed DHS changes that could significantly alter admission periods for students and exchange visitors.

Learn more

Awards

Fragomen Ireland Awarded the KeepWell Mark by IBEC

Fragomen Ireland is accredited with IBEC’s KeepWell Mark™, recognizing the practice’s commitment to wellbeing, inclusion and responsible business.

Learn more

Media mentions

Gazeta Prawna: Specustawa ukraińska wygasa: Pułapka dla pracodawców po 4 marca 2026

Partner Karolina Schiffter highlights a key development as Poland prepares to extend protection for Ukrainians, pointing to the growing role of the courts.

Learn more

Media mentions

The Scotsman: UK Offshore Immigration Crackdown Risks Stifling Growth Unless Policy Meets Reality

Director Kelly Hardman discusses how UK offshore immigration rules are creating challenges for energy and maritime operations.

Learn more

Media mentions

HR Headquarters: Irish Immigration Changes: What Employers Need To Know Now And Into 2026

Partner Ángel Bello Cortés outlines upcoming changes to Ireland’s immigration rules and their implications for employers.

Learn more

Media mentions

ABC7: CA, Other States Sue Trump Admin Over New $100K Fee for H-1B Visas

Partner Chad Ellsworth discussed the new $100,000 H-1B visa fee and ongoing demand for specialized talent across the US tech industry.

Learn more

Media mentions

Caring Times: Home Office Scrutiny Intensifies

Senior Manager Kate Hooper and Associate Naomi Nyamaah explain the importance of maintaining sponsor licences for care providers in the UK.

Learn more

Media mentions

CBC: What We Know About US Proposal to Demand 5 Years of Social Media History From Certain Visitors

Counsel Brian Hunt outlines how the US could scan social media as part of proposed entry requirements for travellers applying through ESTA.

Learn more

Video

Minimum Annual Remuneration Threshold Increases for Employment Permits in Ireland | #MobilityMinute

In the Mobility Minute, Practice Leader Colm Collins outlines upcoming changes to Ireland’s employment permit qualifying criteria and the steps employers should take ahead of the 1 March 2026 implementation.

Learn more

Media mentions

Leading Britain's Conversation: The US Wants to Review Your Instagram Stories - Just in Time for the World Cup

Partner Charlotte Slocombe discusses what travellers to the US under the Visa Waiver Program need to disclose and consider before travelling.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.