Definitions

Effective Date: November 26, 2012

a. “Adult Dependent” herein shall mean any allowable Dependent of the J-1 Visa holder over the age of eighteen (18) years old. In the case of an Adult Dependent who is a child, the child dependent may only come onto the Program if they are under twenty-one (21) years. In the case of an Adult Dependent who is a spouse, a spouse Dependent may only come onto the Program if the spouse is over the age of eighteen (18).

b. “Applicable Career Training USA Fee Schedule” shall mean the applicable fee schedule for my Application, Change of Host Employer Application, or Extension Application. The applicable fee schedule shall be determined by the date when I have submitted a complete Application, Change of Host Employer Application, or Extension Application (e.g., If I submit my complete Extension Application in December 2012, but submit the Application Fee in January 2013, I will pay the fee amount due under the Fee Schedule that is valid for December 2012).

c. An “Applicant” is anyone who applies to the Career Training USA Program about whom InterExchange has not yet determined his or her suitability for the Program.

d. “Application” means the form that Applicants must fill out, in which the Applicant informs the Sponsor of details that Sponsor will use to determine the suitability of an Applicant, Dependent, Host Employer, or Training/Internship Plan for the Program. 

e. “At-Will Employment” means either the Host Employer or the Participant may end the employment at any time.

f. “Clerical” means routine non-professional, administrative work generally performed in an office or office-like setting, including, without limitation, data entry, filing, typing, mail sorting and distribution, and other general office tasks.

g. “Cultural Exchange Event” shall mean any event approved by InterExchange that shall meet the cultural component requirements set for in the U.S. Department of State Guidance Directive – Local Events Guidelines, which may be amended from time to time and is located on the following InterExchange web site page:

h. “Dependent” is/are the spouse and/or unmarried children under the age of 21 accompanying or joining the J-1 Visa Participants Sponsored by InterExchange under the J-2 Visa. The Sponsorship of a J-2 Visa is dependent upon the J-1 Visa holder maintaining valid status (e.g., if InterExchange ends the Sponsorship of the J-1 Visa holder so that the J-1 Visa holder must return home, the Sponsorship of the J-2 Visa also ends). 

i. “DS-2019 Form” is a controlled document of the U.S. Department of State and acts as the Participant’s Certificate of Eligibility.

j. “Employer of Record” is a firm that provides a service under which an employer can outsource employee management tasks such as employee benefits, payroll and workers’ compensation, recruiting, risk/safety management, and training and development.

k. “Exchange Visitor Program” is a non-immigrant Program operated by the U.S. Department of State’s Bureau of Educational and Cultural Affairs that increases a Participant’s understanding of American culture and society and enhances the Host Employer’s knowledge of foreign cultures through an open interchange of ideas between the Host Employer and the Participant.

l. “Extension” means an InterExchange-approved extended period of time that may be added to the original Program dates during which Participants are eligible to continue to train/intern with their Host Employer or a new Host Employer. Dependents, who meet the requirements of the Program and if approved by InterExchange and the U.S. Department of State, are eligible to stay in the U.S. with Participants during the extended period of time. 

m. “Full Time Employee” is defined as  “full-time, permanent, on-site employees at training/intern location (excludes interns, temps, independent contractors, temp-to-perm).”

n. “Home Business” shall mean a business operated in the same physical place as a living space.

o. “Hospitality” and “Tourism” means a broad category of service industries that may include, without limitation, lodging, restaurants, event planning, theme parks, and cruise lines in the tourism industry 

p. “Host Employer” is the U.S. business that will be providing the Trainee or Intern with structured and guided on-the-job training for the duration of the Exchange Visitor Program.

q. “Insurance” means coverage for accident and sickness that meets or exceeds the minimum protections required by Program Regulations during the period of time in which the exchange visitor participates in the Sponsor’s exchange visitor program. For a Participant who entered the his or her original Program before January 1, 2011 and is signing this Agreement for the purpose of an Extension, the policy may be purchased separately from the Participant’s choice of vendors provided, however, InterExchange must approve the vendor and policy; or, for all Participants entering his or her original Program after January 1, 2011, a policy must be obtained from the sole vendor authorized by InterExchange, which in the case of a Dependent, may differ from the vendor for the J-1 Visa Participant.  The policy is intended to cover accident and sickness only as is required by U.S. Department of State Regulations. The policy may not be comprehensive. Additional Career Training USA Insurance requirements are defined in the Insurance section of the Agreement. 

r. “Interim Evaluation Form” or a “Final Evaluation Form” are forms which Participants and Host Employers must complete depending on the length of the Training/Internship Program under which the Participant and Host Employer examine effectiveness of the Training/Internship position as a condition of completing the Program. 

s. “Interns” are individuals participating in a structured Internship Program following an authorized Training/Internship Plan monitored by InterExchange, the designated Sponsor. Intern specifically means a foreign national who either:

(i) Is currently enrolled in and pursuing studies at a degree- or certificate-granting post-secondary academic institution outside the United States or

(ii) Graduated from such an institution no more than 12 months prior to his/her exchange visitor Program begin date, and who enters the United States to participate in a structured and guided work-based Internship Program in his/her specific academic field.

t. “Internship” Program means a structured and guided work-based learning Program as set forth in an individualized Training/Internship Plan that reinforces a student’s or recent graduate’s academic study, recognizes the need for work-based experience, provides on-the-job exposure to American techniques, methodologies, and expertise, and enhances the Intern’s knowledge of American culture and society.

u. “Internship Board” is an InterExchange-maintained online platform designed to facilitate Cultural Exchange Program opportunities under the Career Training USA Program. Through the Board, Host Employers display viable Trainee/Intern positions, and Applicants may submit their interest in a particular Trainee/Intern position.  

v. “J-1 Visa” means a non-immigrant visa issued pursuant to 8 U.S.C. 1101(a)(15)(J). A J–1 Visa is issued to the exchange visitor. “J–2 Visa” is a non-immigrant visa issued by a consular officer at a U.S. embassy or consulate for spouses and dependents (unmarried children under the age of 21) of J-1 exchange visitors who accompany or later join the J-1 holder in the United States.

w. “Loan out” means placing a Participant in the position of consulting for a third party either as a contract worker or in some other capacity under which the Host Employer is either not directly supervising the Participant and/or the work performed.  

x. “Minor Child Dependent” herein shall mean any child Dependent of the J-1 Visa holder under the age of eighteen (18) years old.

y. “Participant” is the Trainee or Intern who has been issued a J-1 Visa in order to participate in the Exchange Visitor Program.

z. “On-the-job Training” means an individual’s observation of and participation in given tasks demonstrated by experienced workers of the Host Employer for the purpose of acquiring competency in such tasks based on an authorized Training/Internship Placement Plan (DS-7002).

aa. “Regulation” means U.S. Department of State regulations and policies concerning the J-1 Intern/Trainee Exchange Visitor Program (22 CFR Part 62.22).

bb. “Social Media” means a wide range of new and evolving communication tools including, without limitation, multi-media and social networking websites such as MySpace, Facebook, Yahoo! Groups, Linkedin, Flickr and YouTube and other media or video sharing sites; blogs; Wikis such as Wikipedia and any other site where text or photos can be posted; sites and/or apps like Twitter on smart devices such as cell phones, digital tablets, and similar communication devices.

cc. “Sponsor” means a legal entity designated by the Secretary of State of the U.S. Department of State to conduct an Exchange Visitor Program. 

dd. “Sponsorship” is the nonimmigrant process by which Participants in the J-1 Intern/Trainee Visa Program are permitted to stay in the U.S. for cultural exchange purposes. 

ee. “Staffing Agency” or “Employment Agency” means an entity that hires individuals for the express purpose of supplying workers to other businesses. Typically, the other businesses with which workers are placed pay an hourly fee per employee to the Staffing/Employment Agency, of which the worker receives a percentage.

ff. “Student and Exchange Visitor Information System” (“SEVIS”) is a web-accessible database used by the Department of Homeland Security to collect, track and monitor information regarding exchange visitors, International students and scholars who enter the United States on F, M or J visas. The Student and Exchange Visitor Program (SEVP) within U.S. Immigration and Customs Enforcement manages SEVIS.

gg. “Third Party” means either an entity cooperating with or assisting the Sponsor in the conduct of the Sponsor’s Program or a representative (e.g., a lawyer) assisting the Applicant or Participant. 

hh. A “Trainee” is an individual participating in a structured Training Program monitored by the designated Sponsor. Trainee means a foreign national who has either:

1. A degree or professional certificate from a foreign post-secondary academic institution and at least one year of related work experience in his/her occupational field acquired outside the United States, or

2. Five years of work experience outside the United States in his/her occupational field, and who enters the United States to participate in a structured and guided work-based Training Program in his/her specific occupational field.

ii. “Training” means a structured and guided work-based learning Program set forth in an individualized Training/Internship Placement Plan that enhances both a Trainee’s understanding of American culture and society and his/her skills in his/her occupational field through exposure to American techniques, methodologies, and expertis.

jj. “Training/Internship Placement Plan” (“T/IPP“) or “Training/Internship Plan” (set forth within the DS-7002 Form section as defined below) outlines the goals and objectives of the Training/Internship Program, explains specific tasks and activities to be completed, details the knowledge, skills, or techniques to be learned, and summarizes the methods of supervision and evaluation for the Program. Each Training/Internship Plan must show a progression of skills and responsibilities by providing a new phase of Training/Internship for each 3-4 months of the Training/Internship Program and must distinguish between bona fide Training/Internship or on-the-job learning and regular work or unskilled/casual labor.

kk. “Unskilled, Manual, or Casual Labor” shall include, without limitation, temporary or part-time employment, performance of services not directly related to the Host Employer’s business (e.g., window cleaning and housekeeping), or certain types of work that are not suitable for Internship or Training positions (e.g., manual labor including factory work). 

ll. “30-Day Travel/Grace Period” or “30-Day Travel Period” or “Grace Period” means a 30-day period after the end date listed on the DS-2019 Form during which Participants and their Dependents, who successfully complete the Program, may remain in the U.S. and travel domestically before their departure from the U.S.  This time is for the purposes of travelling in the U.S. and settling one’s affairs. Participants may not train/intern with their Host Employer during this time nor may they travel Internationally.  Participants and Dependents who leave the country during their grace period will not be able to re-enter on their J-1 Visa and instead will have to secure a tourist waiver or another applicable visa.