Two years after introducing an interim final rule concerning trainees and interns in Exchange Visitor Programs (EVPs), the U.S. State Department published a final rule in the Federal Register. The final rule essentially confirms its interim predecessor which, among other things:

• eliminated the distinction between “non-specialty occupations” and “specialty occupations;”
• established a new internship program; and
• modified the selection criteria for participation in a training program.

However, the final rule, which becomes effective September 10, 2010, makes the following changes:

• permits telephone interviews to screen potential participants’ eligibility;
• removes the requirement that sponsors secure a Dun & Bradstreet report profiling companies with whom a participant will be placed; 
• provides clarification regarding the verification of workers’ compensation coverage for participants and use of an Employer Identification Number to ascertain that a third-party host organization providing training is a viable entity; and
• clarifies that trainees and interns may repeat training and internship programs under certain conditions.

EVPs allow foreign nationals with significant experience in certain occupational fields to receive further training in the United States. They are designed to enhance academic and occupational skills and expertise by having participants engage in structured work-based training and internship programs, and to improve participants’ knowledge of American techniques, methodologies, and technology. EVPs also are intended to expose visitors to U.S. culture and society, and Americans to foreign cultures and skills.