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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7416
Experience:  Experienced in all aspects of immigration and nationality law.
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Im not sure if this should be under immigration law or employment

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I’m not sure if this should be under immigration law or employment law, so sorry if I’m in the wrong category

I own a small business in Maine and would like to hire a Belgian citizen that I know (who also happens to be looking for an opportunity to work and train in the US on a J-1Trainee visa) into a management position. I have tried to fill this locally with no success. I also would like to provide onsite accommodations in lieu of part of his wages. He has agreed to this.
1. May this person also obtain additional part time employment to supplement his finances away from my business or does this visa prohibit that. I have looks at a variety of resourses and have found conflicting info.
Also, I recently heard that this exact visa category of J-1Trainee does not actually require a sponsor (although most obtain one) while the student J-1 visa do require a sponsor.
2. Is it possiblefor me to complete the paperwork as an employer, and he as the candidate, independently?
Thank you, Mary
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.
Thank you for using this service. I'll do my best to answer your questions as completely and honestly as I can. All I ask in return is that you give me a positive rating for my customer service. This is the only way I get credit for assisting you. If you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further. Please remember that the law sometimes does not have a satisfactory solution for your issue; unfortunately, this is something I cannot control.

A person who is in the US under J1 status cannot earn any income from any other source but that which is paid by the J-1 training program. So he cannot be in J-1 status and also get part-time work doing something else.

As far as your second question, I'm not sure I understand what you are asking. The trainee should contact a sponsoring agency, which will work with you and the trainee to prepare the appropriate documentation for submission to the USCIS in order for the student to get J-1 status as a trainee. Here is a list of sponsoring agencies that can help you accomplish this: http://j1visa.state.gov/participants/how-to-apply/sponsor-search/?program=Trainee. What that means is, you are the trainer who will have the training program, but the agency will be the sponsor. So you have to work with the agency to make this happen.

I hope I have answered your questions. Keep in mind that I only get credit for my work if you rate me positively. If you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. Again, if you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further. Remember that the bottom two negative ratings are used for Experts or professionals who are rude and/or bad at their job, and I'm confident you'll find me to be professional and truthful with you.

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Thank you!
Customer: replied 1 year ago.

Hi, Does a J-1 Trainee actually NEED a sponsor or is it just recommended? Can they complete the paperwork with an employer only? i.e. could he as the candidate and me as the employer complete all necessary paperwork or would a third party (sponsor) be required?

Expert:  Expert James replied 1 year ago.
Hi Mary,

Unfortunately, in order to limit fraud, the sponsoring agency is a requirement. An employer cannot do this on its own.

I hope I have answered your questions. Keep in mind that I only get credit for my work if you rate me positively. If you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. Again, if you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further. Remember that the bottom two negative ratings are used for Experts or professionals who are rude and/or bad at their job, and I'm confident you'll find me to be professional and truthful with you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, you can write "FOR LONGHORN" at the beginning of your question, or go directly to my question page here: Ask Longhorn Lawyer

Thank you!
Customer: replied 1 year ago.


The different sponsors seem to have varied requirements for employers of J1Trainees. Is there no standard legal requirement? I'm trying to figure out if my business qualifies and am having a hard time getting an answer.

Expert:  Expert James replied 1 year ago.
Mary,

The standards are set upon the sponsoring agency by the US Department of State. The sponsoring agency in turn determines if the training program you offer is the type that they can and will sponsor. So you 'd have to contact them directly, to determine whether your business would qualify. That's where I would start.

I hope I have answered your questions. Keep in mind that I only get credit for my work if you rate me positively. If you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. Again, if you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further. Remember that the bottom two negative ratings are used for Experts or professionals who are rude and/or bad at their job, and I'm confident you'll find me to be professional and truthful with you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, you can write "FOR LONGHORN" at the beginning of your question, or go directly to my question page here: Ask Longhorn Lawyer

Thank you!
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7416
Experience: Experienced in all aspects of immigration and nationality law.
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