Department of State Strengthens J-1 Visa Summer Work Travel Program Rules | Practical Law

Department of State Strengthens J-1 Visa Summer Work Travel Program Rules | Practical Law

On May 11, 2012, the Department of State issued a second interim final rule amending the regulatory requirements of the Summer Work Travel category of the Exchange Visitor Program. The second interim final rule builds on the first interim final rule issued in 2011 to further protect the health, safety and welfare of J-1 summer workers.

Department of State Strengthens J-1 Visa Summer Work Travel Program Rules

Practical Law Legal Update 4-519-4294 (Approx. 3 pages)

Department of State Strengthens J-1 Visa Summer Work Travel Program Rules

by PLC Labor & Employment
Published on 14 May 2012 • USA (National/Federal)
On May 11, 2012, the Department of State issued a second interim final rule amending the regulatory requirements of the Summer Work Travel category of the Exchange Visitor Program. The second interim final rule builds on the first interim final rule issued in 2011 to further protect the health, safety and welfare of J-1 summer workers.
On May 11, 2012, the Department of State (Department) issued a second interim final rule strengthening the regulatory requirements of the Summer Work Travel category of the Exchange Visitor Program (J-1 program). The first interim final rule, issued in 2011, made four major changes to the program intended to strengthen sponsors' oversight of program participants and the third parties assisting them, including host employers.
The Department issued the second interim final rule in response to the summer 2011 work stoppage by J-1 summer workers at the Hershey plant in Palmyra, Pennsylvania, who complained that poor working conditions violated the J-1 program. The second rule builds on the first rule, enhancing cultural exposure requirements and tightening work requirements in part by:
  • Prohibiting host employers from:
    • paying participants less than their American counterparts; and
    • assisting J-1 sponsors in their monthly monitoring of participants.
  • Clarifying that J-1 sponsors are not required to:
    • maintain listings of bona fide job offers (although they must offer participants reasonable help in finding jobs); or
    • verify host employers' Employer Identification Numbers (although they must obtain them).
  • Requiring sponsors to:
    • continue to help participants find job placements one week after participants start their job search;
    • obtain evidence that potential host employers are registered to do business in jurisdictions where participants are placed; and
    • input job titles and activity sites in the Student and Exchange Visitor Information System before participants' visa interviews.
  • Acknowledging the Department has no jurisdiction over host employers.
According to the Department, these additional rules will allow the federal government to better regulate sponsors to protect participants, the J-1 program and the US communities sponsoring J-1 participants. Most sections of the rule are effective May 11, 2012.
For more information on the J-1 visa classification, see Key Nonimmigrant Visa Classification Chart. For general information on hiring foreign workers, see Practice Note, Hiring and Employing Foreign Nationals in the US: Overview.