J-1 VISA APPLICATION INFORMATION FOR HOST LAW FIRMS & VISA APPLICANTS

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1 AMERICAN BAR ASSOCIATION Section of International Law 1050 Connecticut Ave, NW, Suite 400 Washington, DC Phone: (202) FAX: (202) J-1 VISA APPLICATION INFORMATION FOR HOST LAW FIRMS & VISA APPLICANTS The ABA Section of International Law s J-1 Visa Office facilitates the issuance of the J-1 Visa for international attorneys to come to the United States to receive practical training at a law firm, or legal office, only if he/she has received an offer in writing from a host firm. The Section is unable to process J-1 visas for interns or any other training category except for legal-related training programs. Trainees in the ABA Section of International Law s J-1 Visa Program receive a discount on ABA membership dues and free Section membership during their training program. Membership details are included with your DS Under the U.S. Department of State s regulations, trainees must: hold a degree from a post-secondary academic institution outside of the U.S. and have at least one year of prior related work experience in their occupational field acquired outside of the United States; possess verifiable English language skills sufficient to function on a day-to-day basis. Trainees English language skills must be verified by a recognized English language test, by signed documentation from an academic institution or English language school; and complete an acceptable training placement plan (form DS-7002). Further information can be found in the U.S. State Department s regulations by clicking here (see Trainees and interns). Please be advised that this is a training program and not full employment and, if qualified, the trainee is unable to practice law in the U.S. during the length of the program. Host organizations and firms that employ fewer than 25 employees (at the specific training site) or earn less than three million dollars in annual revenue band have not previously participated successfully in a training program with the Section will need to ensure their host organization or firm possesses and maintains the ability and resources to provide structured and guided work-based learning experiences according to the training placement plan. Host organizations and firms can arrange for a site visit to be conducted by our staff at the organization s or trainee s expense or may partner with a larger organization or firm for the training program. In order to apply for the J-1 Visa through the ABA Section of International Law, the trainee must complete the J-1 Visa Training Program Application as well as all items listed below (further explanation provided for some items). All components of the application should be original, signed documents, unless January 2018

2 otherwise noted, and sent directly to the J-1 Visa Office for processing. A DS-2019 form will not be processed until all required information is received, which includes the following: 1) completed J-1 Visa Training Program Application; 2) personal statement; 3) letter from host firm confirming training program; 4) proof of English language proficiency if non-native English speaker; 5) two letters of reference on letterhead; 6) proof of health and repatriation insurance (including dependents, if applicable); 7) copy of the host organization s workers compensation certificate (or proof of exemption); 8) reference to total compensation during the training period including verification; 9) payment of J-1 Visa processing fee (for payments made by credit card, there is an additional 5% service charge; for payments made by wire transfer there is an additional $25 charge per wire transfer) as follows: J-1 Visa processing (two to four weeks) $1,800 Expedited processing fee (five business days 1 ) $500 J-2 Visa processing fee (each visa) $500 10) completed DS-7002 (via in PDF fillable form and hard copy with original signatures); 11) resume or curriculum vitae; 12) copies of educational documents including diplomas and certificates; 13) copy of the applicant s and any J-2 visa applicants passports 2 ; and 14) prepaid return UPS or FedEx shipping label to either the trainee or host firm. The completed (but not executed) DS-7002 form (PDF fillable format) must be sent to the J-1 Visa Office via (intilex@americanbar.org) before sending the hard copy application. This allows the J-1 Visa Office to review the application and alert the applicant and host firm as to any questions or concerns related to the materials before receiving the final documents. The application will not be processed until the DS-7002 has been sent via . Once a complete application is received, it can take up to four weeks to process, but generally they are processed within two weeks. Please see the U.S. State Department s website for visa wait times for interview appointments and processing: 1. The application form (found attached to these instructions) must be typed and include the trainee s original signature. (Answers can be directly inputted into the PDF form and then printed). 2. Personal statement: on a separate page, please state in detail ( words) your specific reasons for seeking training from a law firm or law office in the U.S. under the auspices of the ABA Section of International Law s ILEX J-1 Visa Program. Include your professional plans once the training program is complete. 1 For expedited processing, once a complete application is received, the DS-2019 will be processed within five business days. 2 Please note also that your passport is required to be valid for the entirety of your stay in the U.S. during the training program. Only the biographical information page of your passport is needed, along with a copy of any U.S. visas. January 2018

3 3. Letter from the host firm should be on letterhead and include an original signature from the supervisor or human resources department identifying the trainee s program offer and dates. If applicable, the letter should include whether or not the trainee will receive a stipend during the program and can also verify the trainee s English language proficiency (see item four below). 4. (No. 12 on application form) Please list the languages that you speak. Under the U.S. Department of State regulations for the J-1 Visa, trainees whose native language is not English must have verifiable English language skills sufficient to function on a day-to-day basis. Trainees English skills must be verified by a recognized language test or signed original documentation from an academic institution or English language school. Recognized English language tests include: Test of Spoken English (TSE), Test of English as a Foreign Language (TOEFL), or International English Language Testing System (IELTS). A copy of your examination score or signed original documentation from an academic institution or English language school must be included in your application. If you are unable to take a TOEFL exam, an original signed letter from the host firm on letterhead verifying that they have either spoken with you via Skype or videoconference and that your English language skills are sufficient for the training program is acceptable. 5. (No. 17 on application form) Attach two original hardcopy reference letters to the application. The letters should be as specific as possible about the applicant s experience, qualifications and personal points on why the applicant is well-suited for a legal training program in the U.S.; a letter simply stating that the reference personally knows the applicant and notation of their work accomplishments is not acceptable. The letters must be from two separate sources (i.e. not from two lawyers at the same firm or organization) and on letterhead with an original signature. 6. (No. 18 on application form) Applicants are required to submit written proof of health and repatriation insurance coverage for the period they will be in the U.S. receiving training. The insurance must cover medical benefits of: (1) at least $100,000 per accident or illness; (2) repatriation of remains in the amount of $25,000; (3) medical evacuation of trainee to his/her home country of $50,000; and (4) deductible per accident/illness not to exceed $500. A copy of the insurance company s coverage of the trainee must be included with the application. Insurance requirements remain the same for J-2 visa applicants. Failure to include insurance coverage documentation can jeopardize the trainee s stay in the U.S. and will be reported to the State Department s immigration system. J-1 applicants and their J-2 dependents may also be subject to the requirements of the Affordable Care Act. 7. In addition, applicants are required to include a copy of their host organization s workers compensation certificate (or proof of exemption). 8. (No. 21 on application form) Except in those cases that hosts will offer the trainee a salary or stipend, each applicant must be prepared to finance the entire undertaking from his/her own resources. Please list all compensation sources during the training period, either from the host firm or government, or state that you will be using your personal funds. If funding is received from an outside source, verification of the amount from the source must accompany the application. If self-financed, a specific dollar amount of available personal funds must be noted, January 2018

4 but no verification is needed. A specific amount of funding must be listed sufficient to cover living expenses during the entire stay in the U.S. 9. The J-1 Visa Training Program application fee, in the amount of U.S. $1,800, should be made payable to ABA/ILEX. Any accompanying family members will need a J-2 Visa. The J-2 Visa application processing fee is U.S. $500 per visa. The application fee may be paid via a check from a U.S. bank account. For payments processed by credit card, there is a 5% service charge in additional to the application fee and for payments processed by wire transfer there is an additional $25 service charge for each wire transfer. 10. a) The training placement plan (form DS-7002) must be completed and enclosed with the entire application package. This form must also be typed and the mailed hard copy version must include original signatures in blue ink. A scanned copy of signatures is not acceptable to process the application. A training placement plan must include at least three, comprehensive phases (a minimum of five separate phases are required if applying for a year up to the maximum placement period of 18 months). (No. 7 on application form) The minimum placement period is three months; the maximum is eighteen months. Pages 3 and 4 of the DS-7002 form should be duplicated and filled out as necessary to include all phases. b) (No. 20 on application form) Applicants are required to fill out the Cross-cultural Programming Plan in the application (and as required on the DS-7002 training plan). Crosscultural exchanges are an important component of any J-1 visa training program. The programs provide valuable opportunities for exchange visitors and Americans to engage with each other, to inform each other s thinking about the global community, to break down prejudices and misunderstandings, and to expand and strengthen the relationships between Americans and the rest of the world. Given this importance, we require applicants and their host organizations to actively plan and organize regular cross-cultural events over the course of the applicant s training program. In addition to send the mailed hard copy as a part of the application, you must also the electronic PDF fillable version of the document phases without signatures (not the scanned version) in advance of your hardcopy application submission. 11. Please send copies of the first pages of your passport (biographical details) along with any pages that have previous U.S. visas. **Please note also that your passport is required to be valid for the entirety of your stay in the U.S. during the training program.** Please note: the starting date that appears on the DS-2019 is the date the trainee is expected to be in the office in the U.S. to begin his/her training. Therefore, the host firm should allow ample time for the trainee to get settled before starting. U.S. immigration will allow a J-1 visa holder to enter the U.S. up to 30 days before their program begins, if necessary. The J-1 Visa Program Office will only issue a DS-2019 form to extend a training program in extenuating circumstances and for no longer than a maximum total of 18 months. If the trainee needs a replacement DS-2019 form any time during their training period, a replacement fee of U.S. $500 will be charged. If a trainee requires a site of activity change or program extension, at any time during the training period, a fee of U.S. $1000 will be charged for the updated DS- January 2018

5 2019. Please contact for further instructions regarding a site of activity change or program extension. After the DS-2019 and signed DS-7002 are issued and the applicant is registered in SEVIS, the following should be noted as requirements to complete the application process and ensure the ILEX office is updated on any changes to the trainee s status: Applicants must conduct their visa interviews in their home country or country of legal permanent residency as applicants should demonstrate ties to the country in which they are interviewing. Changing visa status (i.e. from F-1/OPT or otherwise) cannot be done within the U.S. J-1 applicants must conduct their interviews abroad and re-enter the U.S. on the J-1 visa in order to change status properly. All applicants for J-1 exchange visitor visas must pay a fee via credit card online for the maintenance of the Immigration Service s J-1 exchange visitor administrative database (SEVIS). The administrative fee must be paid at least three days before the applicant s visa interview with the consular officer. This fee is in addition to the J-1 Visa Training Program Application fee and if you do not pay it, you will not be issued a J-1 nonimmigrant visa for admission to the U.S. For additional information, please refer to the website: Applicants must notify the J-1 Visa Program Office if there are any changes of address or other information which in any way would affect their participation in the program. Trainees or their supervisors must contact the ABA upon the commencement of the trainee s program including the trainee s local address immediately so the trainee s program can be validated in the State Department s SEVIS system. Failure to do so could place the trainee on no show or invalid status in SEVIS. Trainees must send their DS-2019 form to our office in advance of any travel outside of the U.S. for travel validation. Failure to do so could result in denied return entry to the U.S. Travel validation is valid for up to one year from the date of signature. In advance of your trip, send our office your original hardcopy DS-2019 and a pre-paid UPS or FedEx label for return. Please allow sufficient processing time. For last-minute travel validations (not signed on the original DS-2019), there is a $100 processing fee. At the end of the training program, a brief 1-2 page report describing professional activities conducted and any cultural activities arranged by the host firm during the course of stay will be required. This report must be reviewed and signed by the trainee s supervisor. For programs lasting six months or longer, a mid-point evaluation is also required. A copy of the report must be sent to the J-1 Visa Program Office within 60 days of your departure from the U.S. January 2018

6 ABA Section of International Law ILEX J-1 Visa Training Program Application 1. First Name Middle Name Family Name (This should reflect your name in your passport.) 2. Date and Place of Birth Mo./Day/Year City State/Province Country Gender Male Female 3. Country of Present Citizenship 4. Current Mailing Address 5. Permanent Address (if different from above) 6. Telephone Numbers and Address Office Fax Mobile Home (where you can be reached during your training program) 7. Training Period From To Month/Day/Year Month/Day/Year Under the U.S. Department of State regulations for the J-1 Visa the maximum duration of a training program is 18 months. The minimum is three months. * Please be advised that the ILEX office will not extend a training program. * 8. Trainee Placement Firm/Company Name and Location. Legal Office Name City and State September

7 9. Marital Status married single Will your spouse and/or children accompany you during your placement? Yes No (If yes, please fill in the following information) First Name Middle Name Family Name Male Female Date and Place of Birth (City, Country) First Name Middle Name Family Name Male Female Date and Place of Birth (City, Country) First Name Middle Name Family Name Male Female Date and Place of Birth (City, Country) (Please attach a separate page for additional dependents if necessary.) 10. Academic Background. List academic institutions attended beyond secondary (preparatory) school and include any current registration in a degree program or professional enrichment course, special institute, etc. Under the U.S. Department of State s regulations for the J-1 Visa, trainees must possess a degree or professional certificate from a post-secondary academic institution outside of the U.S. Name and Location of Institute Subject(s) Studied Diploma/Degree Date Awarded (Month/Year) Name and Location of Institute Subject(s) Studied Diploma/Degree Date Awarded (Month/Year) Name and Location of Institute Subject(s) Studied Diploma/Degree Date Awarded (Month/Year) 11. Date and place of admission to practice law. September

8 12. Language Proficiency. (List native language first.) Under the U.S. Department of State regulations for the J-1 Visa, trainees whose native language is not English must have verifiable English language skills sufficient to function on a day-to-day basis. Trainees English language skills must be verified by a recognized language test or signed original documentation from an academic institution or English language school. A copy of your examination score or signed original documentation from an academic institution or English language school must be included in your application. Language Language Speaking Yes No Speaking Yes No Reading Yes No Reading Yes No Writing Yes No Writing Yes No Language Language Speaking Yes No Speaking Yes No Reading Yes No Reading Yes No Writing Yes No Writing Yes No 13. Employment History. List employment positions held (full time; part time; salaried; pro bono) begin with current or most recent position. (Attach additional pages if necessary.) Under the U.S. Department of State regulations for the J-1 Visa, trainees must have at least one year of prior related work experience in his/her occupational field acquired outside of the U.S. Employer and Address Duties Performed Date of Employment Employer and Address Duties Performed Date of Employment Employer and Address Duties Performed Date of Employment 14. Previous U.S. Visas. Have you previously received another U.S. Visa (such as F-1, H-1)? If so, please list: Visa Type Dates September

9 15. Training Area. Select the area(s) in which you will receive training in the U.S. and your level of experience at the present time. Training Area: Check the box; Experience Level: (A-D) A is highest; D is lowest Administrative Law Antitrust Law Banking and Finance Commerce and Trade Corporation and Business Law Criminal Law Judiciary Labor Relations Law (Management) Labor Relations Law (Union) Law Enforcement Legal Aid Legislature Local National Patent, Trademark & Copyright Law Permanent Special Court Probate and Trust Law Environmental Law Family Law General Practice Individual and Civil Rights Initial Court of Record Insurance, Negligence & Compensation Public Interest Law Public International Law Real Estate Law State (District) Tax Law Trial Court Appellate Court Supreme (High) Court of the Country Other: Other: Other: 16. Professional Activities. (include professional seminars or law classes taught; major publications; active membership in civic or service clubs, local bar association; pro bono work, etc.) Attach additional pages if necessary. 17. References. Please provide two unique reference letters from different sources (different law firms and organizations) on letterhead with the following information: Name and Position Relationship to You Address Name and Position Relationship to You Address September

10 18. Health Insurance and Workers Compensation. Include the name of your health insurance and policy number. Applicants are required to submit an attached statement of proof that the insurance policy will cover health and repatriation costs during the entire stay of the applicant in the U.S. Please see application instructions for more information. In addition, applicants are required to submit a copy of their host organization s workers compensation certificate (or proof of exemption). Insurance Company: Policy Number: 19. Personal Statement. On a separate page, please state in detail ( words) your specific reasons for seeking training from a law firm or law office in the U.S. under the auspices of the ABA Section of International Law s ILEX J-1 Visa Program. 20. Cross-cultural Programming Plan for ILEX J-1 Visa Applicants and Host Organizations. Cross-cultural exchanges are an important component of any J-1 visa training program. The programs provide valuable opportunities for exchange visitors and Americans to engage with each other, to inform each other s thinking about the global community, to break down prejudices and misunderstandings, and to expand and strengthen the relationships between Americans and the rest of the world. Given this importance, we require applicants and their host organizations to actively plan and organize regular cross-cultural events over the course of the applicant s training program. Cross-cultural programs can be built around any number of general themes that trainees might like to learn more about during their time in the U.S. Themes could include, but are not limited to, the following: American history; holidays and food; the media; local and national government; American sports and parks; American culture, film, theater, and the arts. These themes and others can help set the stage for possible activities that are planned during the applicant s training program. Applicants and host organizations are encouraged to consider the unique opportunities available at the local community level wherever the host organization is located. In the space below, please list and describe possible cross-cultural exchange opportunities that may be available and of interest to the applicant during his/her time in the U.S. (these should also be listed on each phase sheet of the applicant s DS-7002 form in the Knowledge, Skills, or Techniques section): September

11 21. I understand that as a trainee in the ILEX J-1 Visa Program, I am fully and solely responsible for my own financial maintenance throughout the training period and that I am working at a host office on a full-time basis. I also understand that I cannot undertake any other work or academic studies during my training program. Compensation. Please state total compensation during the training period from the host firm, government (if any) or your personal funds. If funding is received from a third party, verification from the source is required. If you are using your own personal funds, an exact amount must be stated that you have at your disposal during your training program Original Signature Printed Name Date Please return this application form to: Somayina Boardman ILEX J-1 Visa Program ABA Section of International Law 1050 Connecticut Avenue NW Suite 400 Washington, DC 20036, USA Tel: Fax: intilex@americanbar.org September

12 ABA Section of International Law ILEX J-1 Visa Training Program Application Checklist All components of the application should be original, signed documents and translated in English, unless otherwise noted and sent directly to the ILEX J-1 Visa Office for processing. A DS-2019 form* will not be processed until all required information is received, which includes the following: Completed ILEX J-1 Visa Training Program Application must be typed (answers can be directly inputted into the PDF form and then printed) Copy of your passport (and any dependents passports, if applying for a J-2 visa) Copies of educational documents including diplomas and certificates Completed DS-7002 (including original signatures in blue ink) must be typed Placement plan must include at least three comprehensive phases (for training programs less than a year); for training programs more than a year, but less than 18 months, there should be four phases; and a minimum of five phases if applying for a 18-month training program Proof of English language proficiency if non-native English speaker Two original hardcopy letters of reference on letterhead Proof of health and repatriation insurance with coverage dates (including dependents coverage, if applicable) Copy of the host organization s workers compensation certificate (or proof of exemption) Resume or curriculum vitae Personal statement ( words) Reference to total compensation and/or personal funds during the training program including verification Prepaid return UPS or FedEx shipping label addressed to either the trainee or host firm Payment of U.S. $1,800 for the J-1 Visa processing fee (processed in two to four weeks), additional $500 expedited processing fee (processed within five business days once a complete application is received) and $500 for each J-2 Visa. For payments made by credit card, there is an additional 5% service charge; for payments made by wire transfer, there is an additional $25 charge per wire transfer. ** If a trainee needs a replacement DS-2019 form any during the training program, a replacement fee of U.S. $500 will be charged. ** September