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#86Eligibility Checklist for Hosts

The Eligibility Checklist for Hosts (www.fusia.net/hostreq) lists the eligibility criteria associated with US organizations’ participation in BridgeUSA (J-1 visa) Exchange Visitor Program, administered by DOS-designated program sponsor FUSIA, under the name of “the Cross Cultural Internship Program (CCIP)” or “(the) program” as hosts.

1 Eligible entities. Hosts (1) are a US-based public or private entity that have an Employer Identification Number (EIN) used for tax purposes as per 22 CFR Part 62.22(g)(3)(i); (2) are not a staffing/employment agency as per 22 CFR Part 62.23(j)(3); (3) have been in business and operational for at least six months; (4) have (and are able to provide proof of the continued possession of) a valid worker's compensation insurance policy, an insurance policy that provides equivalent or better workers’ compensation coverage, or evidence of a state exemption from the requirement of workers’ compensation coverage as per 22 CFR Part 62.22(g)(3)(iii) that covers FUSIA participant(s), including unpaid interns who aren’t on the payroll, throughout the program period unless the host can provide evidence of a state exemption from the requirement of workers’ compensation coverage; (5) have a website and are able to provide credible third-party proofs that allow FUSIA to verify information provided by the host as per 22 CFR Part 62.22(g)(3)(ii).

2 Aligned intent and objectives. Hosts must (1) not use exchange internship/training programs as “substitutes for ordinary employment or work purposes” as per 62.22(b)(1)(ii); (2) not use such programs to “displace full or part-time or temporary or permanent American workers or serve to fill a labor need” as per 62.22(f)(2)(v); (3) ensure that the positions exist primarily to assist the participants in achieving the objectives of their program objectives as per 62.22(f)(2)(v). Specifically, hosts should acknowledge that (4) exchange programs aren’t alternatives for the H-1B visa or a temporary bridge between F-1 OPT or another visa type; (5) participants are required to leave the US during the grace period after successful completion of their programs; (6) while programs are ongoing, they shouldn’t offer employment to the participants or assist them in remaining in the US beyond their program period by changing their visa type or finding them employment in the US; (7) after completion of programs, hosts shouldn’t hire the participants within 90 days of the program end dates as stated in their Form DS-2019 issued by FUSIA.

3 Continuous onsite supervision. Hosts must provide participants with “continuous on-site supervision” and “on-the-job” training and mentoring by sufficiently “experienced and knowledgeable staff” as per 22 CFR Part 62.22(f)(2). Specifically, (1) each site on Form DS-7002 requires at least two full-time employees onsite; (2) each participant requires at least one MPS; (3) each program requires at least one PPS; (4) both MPS and PPS are employees of the host who are on the payroll, have a company-assigned email, have proper education, and are authorized to sign related program documents on behalf of the host; (5) PPS works full-time, onsite, and has (a) postsecondary or above education and at least one year of professional experience in the training field OR (b) proper education plus at least two years of professional experience in the training field as per Form DS-7002. Hosts are encouraged to assign supporting supervisors as needed to ensure continuous onsite supervision with oversight. MPS who meets the requirements of being PPS may serve as PPS. Check out www.fusia.net/supervisors for more.

4 Interview and offer. Proper screening of the applicants is required. To comply, hosts should have (1) conducted a documented interview via webcam and/or in-person with each participant to confirm that they possess necessary English proficiency and skills, knowledge, and other personal qualities required for the position as per 22 CFR Part 62.22(f)(3); (2) confirmed that they “are currently enrolled in and pursuing studies at a foreign degree- or certificate-granting post-secondary academic institution outside the United States” or “have graduated from such an institution no more than 12 months prior to” their program start date as stated in their Form DS-2019; (3) issued an offer letter, undertaking, or equivalent that lists necessary details, e.g., program dates, compensation, HR policies, to each prospective participant.

www.fusia.net/hostreq

5 Sufficient resources, equipment, and physical location(s). Hosts must have sufficient resources, plant, equipment, and physical location(s) with a professional environment conducive to learning as per 22 CFR Part 62.22(f)(2). Specifically, they (1) have a physical office setting location conducive for professional training (home-based business or retail store is not permitted); (2) are located in a safe area accessible by public transport (unless the host will make necessary accommodations); (3) offer necessary support to the participants to find affordable and safe housing within 25 miles of any listed worksite (monetary support for housing is not required, but is appreciated); (4) offer necessary industry-specific software and equipment to conduct the program (and that it won’t require any participant to use their own equipment or software unless they choose to so do); (5) don’t require any sort of license or certification; (6) would not incur any work-related expenses while on the job. Program activities must be conducted at predetermined sites. Deviations from Form DS-7002 require prior approval from FUSIA. Temporary worksite changes (e.g., conferences, daytrips) require prior notification to and approval by FUSIA. Shared office spaces are allowed if the relevant criteria are met. Check out www.fusia.net/soa for more.

6 Unpaid internships. Generally, employees in the US must be paid the minimum wage. If not, they must meet the DOL’s seven-point FLSA test for unpaid internships and any state/local requirements (e.g., click HERE for NYS) to be legally considered unpaid. If they don’t meet such requirements, participants must be put on the payroll and paid as W4 employees (1099 workers are not considered employees). Hosts with exchange interns/trainees that aren’t put on the payroll and/or paid at least the minimum wage must ensure that (1) they meet both the federal and state/local requirements for unpaid internships and (2) their workers’ compensation policy covers the interns/trainees (unless state exemption applies). Participants who aren’t on the payroll and paid the minimum wage are considered unpaid, even if they may receive subsidies.

7 Training plan(s). Every program has a “training plan,” i.e., Form DS-7002, Training/Internship Placement Plan or “the T/IPP,” a DOS controlled document that outlines an exchange visitor's program activities. The DOS has specific requirements on how a T/IPP should be written and structured, along with an array of rules. As examples, each position (1) must be full-time with a minimum of 32 hours a week; (2) has no duties with more than 20 per cent clerical work and “unskilled labor” positions are absolutely not permitted for J-1 internships; (3) be academically aligned with the participant’s academic studies; (4) be an entry-level, structured and guided, work-based learning position; (5) exist solely to achieve the objectives of the program specified in the intern’s Form DS-7002, thus the offered position must not be listed on career sites as the same positions for regular employees; (6) be phase-oriented and show progression. Check out the Host Agreement and Form DS-7002 Instructions for more.

8 Site visitation. New hosts, except academic institutions and US government offices, that have less than 25 employees and three million dollars in annual revenue must consent to site visitation conducted by FUSIA as per 22 CFR Part 62.23(i)(3)(iv). Repeat hosts and hosts that have 25 and more employees or three million dollars or more in annual revenue should show proof that they had a site visit conducted by FUSIA over the past three years or have 25 or more employees or three million dollars or more in annual revenue. If a host has more than one site, each site requires a separate visit. Each visit requires an advance and nonrefundable payment of the necessary fee.

9 Credibility. The credibility of the involved parties is highly regarded as per 22 Part CFR 62.13(d). Specifically, (1) no participants can be placed in positions, occupations, or businesses that could bring the program and/or involved parties into notoriety or disrepute; (2) prospective hosts must not be experiencing situations that may pose such risks and have no outstanding labor, health, and/or safety related litigations. If such issues or situations exist but are minor in nature, hosts may apply for an exception from FUSIA in order to proceed with their applications. If such situations arise while programs are ongoing, hosts must immediately notify FUSIA for determination of the next steps.

www.fusia.net/hostreq

Declarations. By affixing the signature in this document, MPS, on behalf of (host) and PPS(s), confirm that they accept and agree to abide by all the terms and conditions, before and during their program periods, and satisfy all requirements listed herein. In absence of MPS, PPS may sign in their place with prior approval from MPS and FUSIA. If MPS/PPS is/are no longer in their position, this document will remain valid until it is signed by the new MPS/PPS. Generate the PDF from the participant’s panel to show populated data and sign in the space provided to confirm that:

(1) Host is applying for participation in BridgeUSA (J-1 visa) Exchange Visitor Program administered by DOS-designated program sponsor FUSIA under the name of “the Cross Cultural Internship Program (CCIP)” or “(the) program” as a “host;”
(2) Host meets all the criteria listed in #86 Eligibility Checklist;
(3) All data and documents provided to FUSIA are “accurate, current, and complete”;
(4) Host, MPS and PPS(s) have been informed of all details associated with their participation in the program – if they have questions, doubts, or unclear points, they shall have clarified them with FUSIA before signing any documents, and they (and any representatives) shall not put forth claims of being misled, confused, or in dispute with the program;
(5) MPS shall keep PPS(s) and others involved in the training of the participant(s) informed of program terms and updates;
(6) MPS and PPS(s) are authorized to sign program-related documents on behalf of host;
(7) Situations that may affect host’s ability to remain eligible for the program require immediate notification to FUSIA;
(8) Changes to information in any signed documents and/or deviations from Form DS-7002 require prior approval from FUSIA – if approved, initiate and complete the amendment process at least 72 hours prior to changes (or immediately for unexpected changes);
(9) Proofs with a validity period require resubmission with an updated expiration date at least 72 hours before they expire;
(10) Failure to comply with any program-related terms and requirements may result in being reported to corresponding US government agencies and program termination by FUSIA.
(11) A Pre-Acceptance Orientation and Interview on ____ / ____ / ____ via ☐ audio call ☐ video call ☐ in-person meeting Fill when signing PDFs #84 and/or #87.

_______________________________________ sign with a pen or an e-signer (e.g., Adobe/DocuSign)
MPS:
Host:
Signature date: EST

Remarks, if any. If there are any additional details FUSIA should be aware of, indicate them in the space provided.

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Definitions. “Host(s)” refers to US-based third-party organization(s) that act on behalf of FUSIA to implement BridgeUSA (J-1 visa) EVP programs based on the terms stated in Form DS-7002 and any other signed documents. In this document, it refers to (host). “Participant(s)” refers to exchange visitor(s) sponsored by FUSIA. “Program(s)” refers to BridgeUSA (J-1 visa) EVP program(s) administered by FUSIA under the name of “the Cross Cultural Internship Program (CCIP).”

Associated documents. #86 Eligibility Checklist, #84 Host Application, #87 Host Agreement, and #23 DS-7002(s) contain terms that all parties need to abide by.

www.fusia.net/hostreq