July 29, 2009

Uh-oh, You Have To End Your J-1 Program... What Next?

So your company was the victim a Ponzi scheme or the supervisor of your J-1 program was laid-off and you have a J-1 participant that you would like to continue training but now cannot. Despite your best efforts to prevent these types of situations, we understand that they still happen.

When host companies find themselves in a position where they cannot provide the training that was outlined in the DS-7002, it is not difficult to end the training at that particular location. All we require are completed final evaluations and notification of the cause of program termination. Taking such action will not reflect poorly on the company, however we will more carefully consider sponsoring a program at that location again in the future.

If the host company cannot continue to provide training through no fault of the participant then we will allow the participant a 30-day grace period to find a similar company in the same industry that can offer an almost identical training program. Once the J-1 participant finds a company, then we can transfer the program to this new site of activity, or new host company, where he/she will complete the training. Participants are not permitted to shop around for training/internship opportunities and may not extend a host company transfer.

If a trainee or intern has caused the host company's dissatisfaction with the program by not performing, not showing up for work or demonsrating that he or she is a poor fit for the J-1 program, then we do not permit the 30-day grace period. We will end the J-1 program immediately and ask him or her to return home as soon as possible.