U.S. internship as J-1 exchange students? Academic Training

Exchange students are the ones who come to the U.S. for a short time of period to study and experience the different cultures. Unlike degree-seeking students who obtain the degree (e.g. bachelor’s degree, master’s degree, or doctoral degree), exchange students do not get the degree from the U.S. institutions but from their home universities.

In terms of the visas, degree-seeking students are usually given F-1 student visas while non-degree-seeking (exchange) students are given J-1 student visas. But it’s possible that exchange students receive F-1 visas.

Why am I talking about the visas? It’s because both F-1 and J-1 visa holders MUST know that they are not allowed to work off-campus without authorization per immigration regulations. Therefore, in order to work as an intern for companies that are located outside the campus, you should apply for the employment authorization programs which are different based on your visa type.

For example, F-1 students should apply and be approved for CPT for internships while schooling and Post-completion OPT after graduation to work outside the campus.

For J-1 students, there is a program named Academic Training and through the Academic Training program, exchange students are permitted to work off-campus. However, Academic Training rules are less clear than programs for F-1 students so most J-1 exchange students don’t take advantage of this program.

Therefore if you would like to make the most out of your study abroad experience in the U.S., please read this article thoroughly to see if you meet the eligibility. From reading this article, you will be able to learn the following:

• Eligibility to apply for the Academic Training
• When you can apply for the Academic Training
• How long you can work through the Academic Training
• Application process for the Academic Training
• Rule changes during the pandemic

(1) Purpose. The primary purpose of academic training is to permit a student, other than a student intern described in paragraph (i) of this section, to participate in an academic training program during his or her studies, without wages or remuneration, with the approval of the academic dean or advisor and the responsible officer.

22 CFR 62.23(f)(1)

Contents

• When can I apply for the Academic Training?
• How long can I work through the Academic Training?
• What’s the eligibility?
• What’s the procedure to apply for the Academic Traning?
• Flexibilities on regulations for the pandemic

When can I apply for the Academic Training?

Before I dive right into the topic, the immigration regulation 22 CFR 62.23(f)(2) makes it clear that the Academic Training is for J-1 visa holders who are in the “College University Students” category. This means that J-1 interns cannot apply for Academic Training.

The same regulation also provides information about the wages and when to apply for the program. First, students can be either paid or unpaid to participate in Academic Training. Second, students can start working during the study plus 30 days grace period after the program end date, which can be found in your immigration document DS-2019. To learn more about the grace period for J-1 exchange students, click the following article:

Related blog post: Must know J-1 visa grace period for exchange students

However, your university’s policy on when J-1 exchange students can engage in Academic Training could be different. Therefore, if you would like to participate in the program, reach out to your advisor and ask for the college policy to see when you can apply for the training program.

(2) Conditions. A student, other than a student intern described in paragraph (i) of this section, may be authorized to participate in an academic training program for wages or other remuneration:(i) During his or her studies; or(ii) Commencing not later than 30 days after completion of his or her studies, if the criteria, time limitations, procedures, and evaluations listed below in paragraphs (f)(3) to (6) are satisfied:

22 CFR 62.23(f)(2)

How long can I work through the Academic Training?

The regulations say that the maximum duration of participation differs based on your education level:

• Student’s who are enrolled in bachelor’s, master’s and doctoral program will have 18 month or less:
  • My program is less than 18 months: The internship period should not exceed the period of your study in the U.S. unless your program mandates you to engage in employment as a part of the program curriculum.
  • My program is longer than 18 months: The employment period should not exceed 18 months unless you need additional time to complete the mandatory requirements to complete the program.
• Students who have obtained the doctoral degree will have 36 months or less:
  • My program is less than 36 months: The internship period should not exceed the period of your study in the U.S. unless your program mandates you to engage in employment as a part of the program curriculum.
  • My program is longer than 36 months: The employment period should not exceed 36 months unless you need additional time to complete the mandatory requirements to complete the program.

I know it may sound not clear- as I said that’s because the regulation is not very clear. Therefore, the best way to check the maximum duration of the program is to reach out to your advisor!

That being said, based on the regulation it is reasonable to interpret that unless your participation in the training is required by the program, your work should end when your program ends. Another reason for this interpretation can be found in the next section.

(ii) For undergraduate and pre-doctoral training, does not exceed 18 months, inclusive of any prior academic training in the United States, or the period of full course of study in the United States, whichever is less; except that additional time for academic training is allowed to the extent necessary for the exchange visitor to satisfy the mandatory requirements of his or her degree program in the United States;

22 CFR 62.23(f)(4)(ii)

(iii) For post-doctoral training, does not exceed a total of 36 months, inclusive of any prior academic training in the United States as an exchange visitor, or the period of the full course of study in the United States, whichever is less.

22 CFR 62.23(f)(4)(iii)

What’s the eligibility?

Based on the immigration regulation 22 CFR 62.23(f)(3), 4 eligibilities can be found to apply for Academic Training:

1. The primary purpose of being in the U.S. should be to study not to work.
   • This criteria can be interpreted that the student’s DS-2019 cannot be extended only to participate in Academic Training because then, the primary purpose of the exchange student’s stay in the U.S. is to work not to study.
   • But as I mentioned at the beginning, there are many gray areas in Academic Training rules and your university may have different interpretation than mine. Therefore, reach out to your advisor and see if your program end date can be extended to work as an intern.
2. The position should be directly related to the student’s major.
3. The student maintains good GPA (Ask your International Student Advisor for exact GPA requirement for your college).
4. The student receives and obtains the written approval in advance from the RO (Responsible Officer, generally your international student advisor) for the duration and type of Academic Trainingbefore start working.
   • Once you are approved to participate in Academic Training, your DS-2019 will be updated to reflect the program participation. You should keep updated DS-2019 along with the written approval to comply with this requirement.

(3) Criteria.(i) The student is primarily in the United States to study rather than engage in academic training;(ii) The student is participating in academic training that is directly related to his or her major field of study at the post-secondary accredited academic institution listed on his or her Form DS-2019;(iii) The student is in good academic standing with the post-secondary accredited academic institution; and(iv) The student receives written approval in advance from the responsible officer for the duration and type of academic training.

22 CFR 62.23(f)(3)

What’s the procedure to apply for the Academic Traning?

Fortunately, regulations on the application process are pretty clear. If you are ready to apply for Academic Training, follow the procedures that are outlined in regulation 22 CFR 62.23(f)(5)(i):

1. The student requests a recommendation letter from the student’s acadmic Dean or advisor. The letter should include…
   • the goals and objectives of the academic training program
   • a description of the program including…
     • its location
     • supervisor name
     • supervisor address
     • number of working hours per week
     • dates of the program
   • how the training is directly related to the student’s field of study
   • why it is an integral or critical part of the academic program of the student
2. The RO (Responsible Officer, usually International Student Advisor) reviews the letter and confirms that the student meets the eligibility requirements.
3. The RO issues an updated DS-2019 and a written letter that says the training is requested and warranted as well as the criteria and time limitations are satisfied.

During your participation, your university might check on you and see how you are doing to evaluate your participation.

(6) Evaluation requirements. The sponsor must evaluate the effectiveness and appropriateness of the academic training in achieving the stated goals and objectives in order to ensure the quality of the academic training program.

22 CFR 62.23(f)(6)

Flexibilities on regulations for the pandemic

Update 5/11/2023: the pandemic national emergency has officially ended as of May 11, 2023. ICE announced Post COVID-19 updates and confirmed on-campus employment and OPT/STEM OPT employment can be online but it did not specify the CPT (for F-1 students) and Academic Training (for J-1 students). Please reach out to your school regarding the remote work possibilities.

According to NAFSA, one of the biggest International Education Association in the U.S., J-1 exchange students can work on internships through Academic Training remotely during the pandemic.

“Sponsors may continue to temporarily allow active students to continue on-going their Academic Training remotely to prevent unnecessary exposure to COVID-19. In the case of graduating students, sponsors may temporarily allow them to begin their Academic Training remotely to prevent unnecessary exposure to COVID-19 as long as the host organization is open and able to provide the training remotely. This policy reflects sponsor obligations to promote the health, safety and welfare of Exchange Visitor Program participants while at the same time meeting program objectives. Other conditions, criteria and requirements under the regulations remain in effect. (22 CFR §62.23(f)).”

COVID-19 Guidance from DOS ECA for J-1 Exchange Program Sponsors by NAFSA

To sum, exchange students can participate in internship opportunities by applying for Academic Training. J-1 exchange students who meet the eligibility for the program can follow the procedure and start working during their studies but not later than 30 days after the program’s end date.

Also, Academic Training participants can work up until the program end date unless the training component is a part of the curriculum. In that case, exchange students can work up to 18 months or 36 months or less based on the student’s educational level.

Hope this helps all the J-1 exchange students out there to enjoy every moment of their study abroad experiences! In my next article, you will find another way to work off-campus when you face severe economic hardships. Click the J-1 visa page for all J-1 visa-related articles.