If your business requires more workers at a particular time of year to handle a seasonal demand, one way to meet your staffing needs is to hire students attending foreign colleges or universities who are on their break summer or otherwise between academic years. The U. The students, who are given a short-term J-1 visa , get the opportunity to interact with U. Such jobs let them earn funds with which to help defray a portion of their expenses.
You, as the employer, benefit from access to a pool of talented, educated young workers available when you need them most. The J-1 seasonal work program is not available to you if you're looking to fill certain types of positions. These include:. To hire J-1 students for your seasonal needs, you will work with one of the many companies and organizations that act as J-1 seasonal employee sponsors.
For a fee, they can serve as your staffing agency, determining your hiring needs and advertising your job openings abroad. The sponsor, often through its agents in foreign countries, can help identify and recruit foreign students, and arrange interviews to take place either in the U.
Sponsors will ensure that the students are able to speak English and are aware of any contractual obligations related to their acceptance of paid employment with you. Sponsors will arrange to put you in touch with a student workforce no matter the season during which you experience a demand for extra labor. Rather, the program is for students on their break between academic years.
Across the globe, it's always summer for students somewhere! Home Can a J1 visa holder work for a non-sponsor employer? J-1 students, when they meet the following conditions, are eligible for employment: On-campus employment is available for students who have pursued scholarship, fellowship or assistantship. Work will also be allotted at times when there is a serious economic situation during the J-1 status.
Only students with good academic standing are eligible for employment. These students must continue in a full course of study and must be approved by a school officer. Tagged: J-1 visa. Was this article helpful? Yes No. Neither members nor non-members may reproduce such samples in any other way e. SHRM Online outlined the basic benefits and requirements of the J-1 visa program in Part 1 of this series of articles.
There are currently 96 trainee sponsors and 90 intern sponsors, the majority of which are third-party sponsoring organizations, independent of the host-employers themselves, according to the latest U. State Department information. The remaining designated sponsors are employers who have taken on their own programs. Third-party sponsors are responsible for monitoring all aspects of the program, including orientation, placement and periodic evaluations to confirm compliance.
They also support participants throughout their stay and ensure their health, safety and welfare. The State Department announced in that it would not approve any applications for new sponsors within the trainee and intern categories or expand the types of jobs for which existing sponsors have already been approved.
The current moratorium aside, whether employers decide to take on the responsibility of becoming a designated sponsor—or work with a sponsoring organization instead—depends on factors such as convenience, resources and cost, said Mike Jackson, manager of exchange visitor programs at the Council for Global Immigration CFGI , an affiliate of the Society for Human Resource Management.
The approval time for getting a designation can take a couple of years. Then there's the time and resources needed to set up the infrastructure connected with the program and in maintaining it, including complying with monitoring and reporting requirements.
Third-party sponsoring organizations have dedicated staff that regularly work with J-1 visa holders, understand visa regulations, and have experience onboarding them and getting them accustomed to a new country, said Jennifer Clinton, president and CEO of Cultural Vistas, a nonprofit exchange organization and J-1 visa sponsor based in New York City and Washington, D.
You often see that the companies that have in-house J-1 programs have the infrastructure to handle a wide range of immigration categories. Clinton and Jackson recommended that employers interested in using the program first determine what it is they want from it and then do their homework on what the various sponsoring organizations provide.
We can tell employers that the J-1 is not the best option for them if they are coming at it for the wrong reasons. Companies also need to research the specific requirements for the J-1 visa process and for working with various sponsoring organizations. In addition, sponsoring organizations may have additional document and processing requirements of their own, and their processing times may vary.
The plan—agreed on by the sponsor and the employer and then signed by the sponsor, employer and trainee or intern—details the internship or training location, whether there will be rotations through different departments, specific job duties, skills to be learned, and the amount and manner of compensation. Supervisors must understand that they are signing legal attestations.
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