• 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

Blog post

UK Budget 2026: What the Government’s Immigration Plans Mean for Employers

In a new blog, UK Government Affairs Strategy Director Shuyeb Muquit examines what this direction could mean for employers, including why access to international talent may increasingly be considered alongside investment, productivity, innovation, regional growth and long-term workforce development.

Learn more

Video

UAE – Demographic Diversity Requirements | #MobilityMinute

The UAE’s demographic diversity requirements are designed to encourage a more diverse workforce among companies operating in the mainland jurisdiction. In this Mobility Minute, Manager Devika Thamattat explains the requirements, potential consequences of noncompliance and steps employers can take to help maintain the required nationality balance.

Learn more

Media mentions

Global Mobility Lawyer: Proposed H-1B Changes Could Increase Hiring Costs for Visa-Dependent Employers

Partner K. Edward Raleigh explains how proposed changes to the H-1B salary exemption threshold could affect US employers’ hiring practices and why enactment this year remains unlikely.

Learn more

Video

Family Reunification in Germany: Who Qualifies and How Does It Work?

In this video, Fragomen Senior Manager Katharina Vorländer explains who may qualify for family reunification in Germany, the requirements that may apply, employment and education rights for accompanying family members and important considerations when preparing an application.

Learn more

Media mentions

Dziennik Gazeta Prawna: Nielegalne zatrudnienie cudzoziemca? Pracodawca może stracić więcej niż pieniądze

Partner Karolina Schiffter discusses how digitalization is transforming immigration procedures in Poland and how law firms can adapt to evolving client expectations.

Learn more

Blog post

Who Qualifies for Costa Rica Permanent Residence?

Immigration Supervisor Michael Salas Guzman explains who may qualify for permanent residence in Costa Rica, the key benefits of permanent status and important considerations for foreign nationals planning to live and work in the country long term.

Learn more

Media mentions

BioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach

Partner Audrea Golding discusses how H-1B visa changes, including the $100,000 fee and weighted selection process, are affecting biopharma hiring and access to global talent.

Learn more
Generic Insights

Blog post

EU Visa Code Reform: Priorities for Better Schengen Business Travel

Senior Counsel Jo Antoons and Immigration Supervisor Elisabeth Kamm outline Fragomen Consulting Europe’s recommendations for EU Visa Code reform, including more consistent business travel rules, improved visa appointment access, greater transparency and a potential Schengen-wide trusted-employer framework.

Learn more

Blog post

Argentina Announces New Citizenship by Investment Programme: What Investors Need to Know

In a new blog, Manager Sophie Jo Wasson and Country Manager María Inés Menvielle explore what is known so far, the potential mobility benefits of Argentine citizenship and what prospective applicants should consider as implementation develops.

Learn more

Media mentions

Conexão Ásia: Além da China, profissionais das Filipinas, Índia, Japão e Bangladesh se destacam na imigração laboral asiática para o Brasil

Managing Director Diogo Kloper examines how immigration trends reveal the diverse economic ties between Brazil and Asia and the role of international mobility in supporting business growth.

Learn more

Media mentions

AILA Law Journal: Administrative Proxies in Immigration Adjudication

Partner David Grunblatt examines how USCIS uses administrative proxies in immigration adjudication and explains why these tools must support, rather than replace, statutory standards and individualized legal analysis.

Learn more

Blog post

International Talent in the Netherlands: Building a Talent Pipeline Without Losing Sight of Compliance

Manager Cherida Hooijer and Immigration Assistant Manager Kaatje Droesbeke examine how employers in the Netherlands can build an international student-to-graduate talent pipeline while managing the immigration and employment compliance requirements that apply at each stage.

Learn more

Blog post

UK Budget 2026: What the Government’s Immigration Plans Mean for Employers

In a new blog, UK Government Affairs Strategy Director Shuyeb Muquit examines what this direction could mean for employers, including why access to international talent may increasingly be considered alongside investment, productivity, innovation, regional growth and long-term workforce development.

Learn more

Video

UAE – Demographic Diversity Requirements | #MobilityMinute

The UAE’s demographic diversity requirements are designed to encourage a more diverse workforce among companies operating in the mainland jurisdiction. In this Mobility Minute, Manager Devika Thamattat explains the requirements, potential consequences of noncompliance and steps employers can take to help maintain the required nationality balance.

Learn more

Media mentions

Global Mobility Lawyer: Proposed H-1B Changes Could Increase Hiring Costs for Visa-Dependent Employers

Partner K. Edward Raleigh explains how proposed changes to the H-1B salary exemption threshold could affect US employers’ hiring practices and why enactment this year remains unlikely.

Learn more

Video

Family Reunification in Germany: Who Qualifies and How Does It Work?

In this video, Fragomen Senior Manager Katharina Vorländer explains who may qualify for family reunification in Germany, the requirements that may apply, employment and education rights for accompanying family members and important considerations when preparing an application.

Learn more

Media mentions

Dziennik Gazeta Prawna: Nielegalne zatrudnienie cudzoziemca? Pracodawca może stracić więcej niż pieniądze

Partner Karolina Schiffter discusses how digitalization is transforming immigration procedures in Poland and how law firms can adapt to evolving client expectations.

Learn more

Blog post

Who Qualifies for Costa Rica Permanent Residence?

Immigration Supervisor Michael Salas Guzman explains who may qualify for permanent residence in Costa Rica, the key benefits of permanent status and important considerations for foreign nationals planning to live and work in the country long term.

Learn more

Media mentions

BioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach

Partner Audrea Golding discusses how H-1B visa changes, including the $100,000 fee and weighted selection process, are affecting biopharma hiring and access to global talent.

Learn more
Generic Insights

Blog post

EU Visa Code Reform: Priorities for Better Schengen Business Travel

Senior Counsel Jo Antoons and Immigration Supervisor Elisabeth Kamm outline Fragomen Consulting Europe’s recommendations for EU Visa Code reform, including more consistent business travel rules, improved visa appointment access, greater transparency and a potential Schengen-wide trusted-employer framework.

Learn more

Blog post

Argentina Announces New Citizenship by Investment Programme: What Investors Need to Know

In a new blog, Manager Sophie Jo Wasson and Country Manager María Inés Menvielle explore what is known so far, the potential mobility benefits of Argentine citizenship and what prospective applicants should consider as implementation develops.

Learn more

Media mentions

Conexão Ásia: Além da China, profissionais das Filipinas, Índia, Japão e Bangladesh se destacam na imigração laboral asiática para o Brasil

Managing Director Diogo Kloper examines how immigration trends reveal the diverse economic ties between Brazil and Asia and the role of international mobility in supporting business growth.

Learn more

Media mentions

AILA Law Journal: Administrative Proxies in Immigration Adjudication

Partner David Grunblatt examines how USCIS uses administrative proxies in immigration adjudication and explains why these tools must support, rather than replace, statutory standards and individualized legal analysis.

Learn more

Blog post

International Talent in the Netherlands: Building a Talent Pipeline Without Losing Sight of Compliance

Manager Cherida Hooijer and Immigration Assistant Manager Kaatje Droesbeke examine how employers in the Netherlands can build an international student-to-graduate talent pipeline while managing the immigration and employment compliance requirements that apply at each stage.

Learn more
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
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView 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

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • 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
Important Updates
Important Updates
October 30, 2026 | Republic of the PhilippinesPhilippines: Amendments to Simplify and Streamline Labor Market Test, Other Alien Employment Permit Processes
October 30, 2026 | ChinaChina: APEC Business Travel Card Validity Extended
October 30, 2026 | IrelandIreland: Employment Permits Portal Offline Following Unauthorized Activity
October 30, 2026 | IrelandIreland: Short Stay Visa Waiver Programme Extended
October 30, 2026 | 🌐Minimum Salary Changes Announced
October 30, 2026 | Republic of the PhilippinesPhilippines: Amendments to Simplify and Streamline Labor Market Test, Other Alien Employment Permit Processes
October 30, 2026 | ChinaChina: APEC Business Travel Card Validity Extended
October 30, 2026 | IrelandIreland: Employment Permits Portal Offline Following Unauthorized Activity
October 30, 2026 | IrelandIreland: Short Stay Visa Waiver Programme Extended
October 30, 2026 | 🌐Minimum Salary Changes Announced
October 30, 2026 | Republic of the PhilippinesPhilippines: Amendments to Simplify and Streamline Labor Market Test, Other Alien Employment Permit Processes
Subscribe

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
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

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

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

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

© 2026 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.