Know Your Rights: The J-1 Visa Wilberforce Pamphlet and Help Contacts

What Is the J-1 Visa Know Your Rights Pamphlet?

The State Department's Wilberforce pamphlet explains workplace rights, protection from exploitation and help available to J-1 visitors.

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When You Receive It

As a J visa applicant, you should receive the pamphlet during your Visa Interview. The consular officer must confirm that you have received, read and understood it before issuing your visa. If you have no interview, you should receive it with your issued visa.

Under 22 CFR 62.10(c)(8), your sponsor must include the Wilberforce pamphlet in Orientation. The orientation requirement covers all exchange visitors, including interns, trainees and scholars.

Source: US Department of State - Know Your Rights (Wilberforce Pamphlet, English) · 22 CFR § 62.10: Program admin­is­tra­tion

What It Explains

The pamphlet covers fair pay, workplace health and safety, protection from discrim­i­na­tion, harassment and exploitation, and seeking help from worker-support groups. It also explains human trafficking and where to find assistance.

For internships at for-profit employers, courts use the primary beneficiary test to decide whether you are an employee under US wage law. See Unpaid Internship.

Source: US Department of State - Know Your Rights (Wilberforce Pamphlet, English) · US Department of Labor: Fact Sheet #71: Internship Programs Under the FLSA

Where to Get Help

For urgent health, safety or welfare concerns, the pamphlet lists the J-Visa Emergency Hotline: 1-866-283-9090. The State Department also lists [email protected] for participant concerns.

For rights violations or possible trafficking, the pamphlet lists the National Human Trafficking Hotline: 1-888-373-7888 within the US. In immediate danger in the US, call 911.

Source: US Department of State - Know Your Rights (Wilberforce Pamphlet, English) · J-⁠1 Visa: Common Questions for Participants

FAQs

Can my sponsor threaten termination because I complained?

No. Under 22 CFR 62.10(d), neither your sponsor nor its employees may threaten Termination, remove you, negatively annotate your SEVIS record or otherwise retaliate solely because you filed a complaint or consulted an advocacy group or lawyer about a grievance or work-related legal matter.

Source: 22 CFR § 62.10: Program admin­is­tra­tion

The Bottom Line

The pamphlet explains your rights and help contacts. Your sponsor must cover it at orientation and must not retaliate solely because you complain or seek help about a grievance.

Related Terms

• 
  OrientationYour sponsor must give you pre-arrival information and offer an orientation covering your J-1 program, US life, rights and reporting duties.
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  Visa InterviewThe appointment at a US embassy or consulate where you apply for your J-1 Visa with your DS-2019.
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  J-1 SponsorAn organization designated by the US Department of State to run J-1 exchange programs. Every J-1 participant needs one.
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  TerminationTermination ends your J-1 program participation for regulatory reasons and is recorded in SEVIS, without the usual post-completion grace period.
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  Pay & HousingWhat the J-1 rules say about pay and accommodation for interns and trainees. They set no wage, but you must be able to cover your whole stay, housing included.
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  Unpaid InternshipAn unpaid J-1 internship must meet exchange-program requirements and applicable wage law; the J-1 rules alone do not decide whether pay is required.
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Sources

1. US Department of State - Know Your Rights (Wilberforce Pamphlet, English)
2. 22 CFR § 62.10: Program admin­is­tra­tion
3. US Department of Labor: Fact Sheet #71: Internship Programs Under the FLSA
4. J-⁠1 Visa: Common Questions for Participants