J-1 Visa Pay and Housing: What the Rules Require

Do J-1 Interns and Trainees Get Paid?

What 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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Pay

The J-1 Visa rule for interns and trainees, 22 CFR § 62.22, does not set a wage or require pay. It mentions US wage law only for agriculture. There, sponsors must certify that programs meet all requirements of the Fair Labor Standards Act and the Migrant and Seasonal Agricultural Worker Protection Act.

US wage law determines whether an unpaid internship is allowed. The Fair Labor Standards Act requires for-profit employers to pay employees for their work. Whether an intern is an employee is decided with the "primary beneficiary test", which looks at which side mainly benefits from the internship. No one factor determines the outcome. If the intern is an employee, minimum wage and overtime apply. Unpaid internships at public sector and non-profit charitable organizations, where the intern volunteers without expecting pay, are generally permissible.

Source: 22 CFR § 62.22: Trainees and interns · US Department of Labor: Fact Sheet #71: Internship Programs Under the FLSA

Enough Money for the Stay

Sponsors must ensure that you have sufficient finances to support yourself for your entire stay in the US, including housing and living expenses, before they issue the DS-2019. The DS-2019 itself shows an estimate of the cost of your program.

Money earned by a J-2 spouse cannot be used to support the J-1 holder, see J-2 Visa.

Source: 22 CFR § 62.22: Trainees and interns · J-⁠1 Visa: About DS-⁠2019 · J-⁠1 Visa: About the J-⁠2 Visa

Disclosed Before You Arrive

Your sponsor must clearly explain the following, among other things, before you arrive:

• Wages, other compensation and benefits, and your work hours
• Deductions from wages, including for housing and trans­porta­tion
• What housing the program provides or what is otherwise available, and its expected cost to you
• An itemized list of all fees, and other likely costs such as insurance, living and trans­porta­tion expenses

Source: 22 CFR § 62.10: Program admin­is­tra­tion

Taxes

Wages are income subject to US tax. Nonresident alien students, teachers and trainees on a J visa with taxable income file Form 1040-NR, see J-1 Taxes.

Source: IRS: Taxation of Nonresident Aliens

FAQs

Does a J-1 internship have to be paid?

The J-1 Visa rule for interns and trainees does not require pay, except that programs in agriculture must meet the Fair Labor Standards Act. Under that law, an intern at a for-profit company who counts as an employee under the primary beneficiary test is entitled to minimum wage and overtime.

Source: 22 CFR § 62.22: Trainees and interns · US Department of Labor: Fact Sheet #71: Internship Programs Under the FLSA

Does the sponsor or host have to provide housing?

22 CFR § 62.22 and § 62.10 do not require it. The sponsor must tell you before you arrive what housing the program provides or what is otherwise available and what it is expected to cost. You must be able to pay for housing for your whole stay.

Source: 22 CFR § 62.10: Program admin­is­tra­tion · 22 CFR § 62.22: Trainees and interns

Can housing costs be deducted from my pay?

If there are deductions from wages, including for housing and trans­porta­tion, the sponsor must disclose them before you arrive and explain them again at orientation.

Source: 22 CFR § 62.10: Program admin­is­tra­tion

Does my J-2 spouse's income count toward my funds?

No. Money earned by a J-2 cannot be used to support the J-1 holder.

Source: J-⁠1 Visa: About the J-⁠2 Visa

The Bottom Line

The J-1 Visa rule for interns and trainees sets no wage outside agriculture, but you must be able to pay for your whole stay, housing included. The sponsor spells out pay, deductions and housing costs before you arrive; whether unpaid work is allowed follows US wage law.

Related Terms

• 
  J-1 CostsWhat a J-1 internship or traineeship costs besides the trip, from the SEVIS fee to living costs in the US.
  more
• 
  J-1 InternA US exchange visitor category that lets students and recent graduates train at a US company for up to 12 months.
  more
• 
  J-1 TraineeA US exchange visitor category for people with a degree and work experience abroad, with training at a US company for up to 18 months.
  more
• 
  Host CompanyThe US organization where a J-1 intern or trainee does the training program.
  more
• 
  Health InsuranceCoverage every J-1 participant must have for the whole program, with minimum benefits set by US rules.
  more
• 
  J-2 VisaThe visa for the spouse and unmarried children under 21 of a J-1 participant who come along or join later.
  more

Sources

1. 22 CFR § 62.22: Trainees and interns
2. US Department of Labor: Fact Sheet #71: Internship Programs Under the FLSA
3. J-⁠1 Visa: About DS-⁠2019
4. J-⁠1 Visa: About the J-⁠2 Visa
5. 22 CFR § 62.10: Program admin­is­tra­tion
6. IRS: Taxation of Nonresident Aliens