State Department Announces On-Site Inspections of J-1 Training Programs and Internships

In an email to sponsors, the State Department has announced that it will soon begin to conduct on-site inspections of J-1 internships and training programs. Though the State Department email offered few details, it is expected that officials will make planned and unannounced visits to sponsors, host organizations and J-1 foreign nationals to verify whether training programs and internships are in compliance with agency rules and meet the overall goal of providing exchange visitors with exposure to American culture.

For the last several years, the State Department has been increasing its scrutiny of J-1 exchanges in response to several widely publicized reports of misuses of the J-1 program and mistreatment of J-1 participants. This is the first time, however, that site inspectors will be reviewing training programs and internships.

What to Expect During an On-Site Inspection

If your organization is a J-1 sponsor, you should expect State Department site visitors to tour your premises and speak with employees serving as Responsible Officers for J-1 programs. If your organization hosts J-1 trainees and interns, officers may visit to interview program participants and their on-site supervisors and to inspect your facilities.

Your organization should be prepared to provide information about how trainees and interns are selected and the roles they serve in your organization. Site inspectors will be on alert for any indication that participants are being used to supplant U.S. workers.

You should be prepared to provide a signed Form DS-7002 Training/Internship Placement Plan for each sponsored intern or trainee. Officers are likely to review these forms carefully to verify whether your organization is meeting the goals and training expectations set forth in the plan. You may be asked to document that the activities and training opportunities described in the plan are actually being carried out. Officers may also want information about the cultural programs offered to J-1 foreign nationals.

State Department officials will likely seek to interview interns and trainees about their activities, their work hours and any stipends they receive. They may be asked about the training your organization is providing and whether the objectives of the training program or internship are being met. State Department officers may also check to make sure that J-1 participants are being adequately supervised at the host organization and are receiving regular evaluations in accordance with program rules.

Lastly, site inspectors may ask to scrutinize the housing arrangements and health insurance offered to program participants, and review whether conditions at the host site are in compliance with federal and state occupational safety and health rules.

What the State Department Inspections Mean for Employers  

In light of the State Department's expansion of the on-site inspection program, sponsors of J-1 training programs and internships should assess their operations to ensure they are fully compliant with program rules and that they are adequately monitoring host organizations. 

Training plans should be reviewed to verify that your organization and the host entity are following them consistently. You should review health insurance and housing documentation to ensure that it meets program rules. Training plans and related documentation should be housed in a centralized system so that they can be accessed quickly in the event of a State Department request. Your organization should appoint an employee, such as a program responsible officer, to serve as a point of contact for State Department inspectors and for host organizations.

Fragomen’s experienced international exchange compliance professionals can assist with reviewing J-1 program operations, training employees in J-1 program compliance, and helping to create monitoring programs and documentation to assist your organization in working with host entities.

If your organization is contacted by a State Department inspector, notify your designated Fragomen professional as soon as possible. You can ask to have counsel present or available during the site visit. If the officer is resistant, you should explain that having your organization’s immigration counsel available will help it respond fully and accurately to the inspector’s questions and requests for information.

Fragomen will be closely monitoring the conduct of on-site inspections of J-1 training programs and internships. We will provide updated information as we learn more about the State Department’s inspection initiative.