Department of State § 62.31

camps. These programs promote inter- (3) Officially affiliated with a nation- national understanding by improving ally recognized non-profit organiza- American knowledge of foreign cul- tion; or tures while enabling foreign partici- (4) Have been inspected, evaluated, pants to increase their knowledge of and approved by the sponsor. American culture. The foreign partici- (f) Participant compensation. Sponsors pants are best able to carry out this shall ensure that international partici- objective by serving as counselors per pants receive pay and benefits com- se, that is, having direct responsibility mensurate with those offered to their for supervision of groups of American American counterparts. youth and of activities that bring them (g) Participant supervision. Sponsors into interaction with their charges. shall provide all participants with a While it is recognized that some non- phone number which allows 24 hour im- counseling chores are an essential part mediate contact with the sponsor. of camp life for all counselors, this pro- (h) Program administration. Sponsors gram is not intended to assist Amer- shall: ican camps in bringing in foreign na- (1) Comply with all provisions set tionals to serve as administrative per- forth in subpart A of this part; sonnel, cooks, or menial laborers, such (2) Not facilitate the entry of any as dishwashers or janitors. participant for a program of more than (b) Participant eligibility. Participa- four months duration; and tion in camp counselor exchange pro- (3) Under no circumstance facilitate grams is limited to foreign nationals the entry into the United States of a who: participant for whom a camp place- (1) Are at least 18 years of age; ment has not been pre-arranged. (i) Placement report. In lieu of listing (2) Are bona fide youth workers, stu- the name and address of the camp facil- dents, teachers, or individuals with ity at which the participant is placed specialized skills; and on Form DS–2019, sponsors shall submit (c) Participant selection. In addition to to the Department of State, no later satisfying the requirements in than July 1st of each year, a report of § 62.10(a), sponsors shall adequately all participant placements. Such report screen all international candidates for shall reflect the participant’s name, camp counselor programs and at a min- camp placement, and the number of imum: times the participant has previously (1) Conduct an in-person interview; participated in a camp counselor ex- and change. (2) Secure references from a partici- (j) In order to ensure that as many pant’s employer or teacher regarding different individuals as possible are re- his or her suitability for participation cruited for participation in camp coun- in a camp counselor exchange. selor programs, sponsors shall limit (d) Participant orientation. Sponsors the number of participants who have shall provide participants, prior to previously participated more than once their departure from the home coun- in any camp counselor exchange to not try, detailed information regarding: more than ten percent of the total (1) Duties and responsibilities relat- number of participants that the spon- ing to their service as a camp coun- sor placed in the immediately pre- selor; ceding year. (2) Contractual obligations relating [58 FR 15196, Mar. 19, 1993, as amended at 59 to their acceptance of a camp coun- FR 16984, Apr. 11, 1994. Redesignated at 64 FR selor position; and 54539, Oct. 7, 1999] (3) Financial compensation for their service as a camp counselor. § 62.31 Au pairs. (e) Participant placements. Sponsors (a) Introduction. This section governs shall place eligible participants at Department of State-designated ex- camping facilities which are: change visitor programs under which (1) Accredited; foreign nationals are afforded the op- (2) A member in good standing of the portunity to live with an American American Camping Association; host family and participate directly in

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the home life of the host family. All au of the local organizational representa- pair participants provide child care tive authorized to act on the sponsor’s services to the host family and attend behalf in both routine and emergency a U.S. post-secondary educational in- matters arising from the au pair’s par- stitution. Au pair participants provide ticipation in their exchange program; up to forty-five hours of child care (6) Require that each local organiza- services per week and pursue not less tional representative maintain a than six semester hours of academic record of all personal monthly contacts credit or its equivalent during their (or more frequently as required) with year of program participation. Au pairs each au pair and host family for which participating in the EduCare program he or she is responsible and issues or provide up to thirty hours of child care problems discussed; services per week and pursue not less (7) Require that all local organiza- than twelve semester hours of aca- tional representatives contact au pair demic credit or its equivalent during participants and host families twice their year of program participation. monthly for the first two months fol- (b) Program designation. The Depart- lowing a placement other than the ini- ment of State may, in its sole discre- tial placement for which the au pair tion, designate bona fide programs sat- entered the United States. isfying the objectives set forth in para- graph (a) of this section. Such designa- (8) Require that local organizational tion shall be for a period of two years representatives not devoting their full and may be revoked by the Department time and attention to their program of State for good cause. obligations are responsible for no more (c) Program eligibility. Sponsors des- than fifteen au pairs and host families; ignated by the Department of State to and conduct an au pair exchange program (9) Require that each local organiza- shall; tional representative is provided ade- (1) Limit the participation of foreign quate support services by a regional or- nationals in such programs to not more ganizational representative. than one year; (d) Au pair selection. In addition to (2) Limit the number of hours an satisfying the requirements of EduCare au pair participant is obli- § 62.10(a), sponsors shall ensure that all gated to provide child care services to participants in a designated au pair ex- not more than 10 hours per day or more change program: than 30 hours per week and limit the (1) Are between the ages of 18 and 26; number of hours all other au pair par- (2) Are a secondary school graduate, ticipants are obligated to provide child or equivalent; care services to not more than 10 hours (3) Are proficient in spoken English; per day or more than 45 hours per (4) Are capable of fully participating week; in the program as evidenced by the sat- (3) Require that EduCare au pair par- isfactory completion of a physical; ticipants register and attend classes of- fered by an accredited U.S. post-sec- (5) Have been personally interviewed, ondary institution for not less than in English, by an organizational rep- twelve semester hours of academic resentative who shall prepare a report credit or its equivalent and that all of the interview which shall be pro- other au pair participants register and vided to the host family; and attend classes offered by an accredited (6) Have successfully passed a back- U.S. post-secondary institution for not ground investigation that includes less than six semester hours of aca- verification of school, three, non-fam- demic credit or its equivalent; ily related personal and employment (4) Require that all officers, employ- references, a criminal background ees, agents, and volunteers acting on check or its recognized equivalent and their behalf are adequately trained and a personality profile. Such personality supervised; profile will be based upon a psycho- (5) Require that the au pair partici- metric test designed to measure dif- pant is placed with a host family with- ferences in characteristics among ap- in one hour’s driving time of the home plicants against those characteristics

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considered most important to success- (6) Place the au pair with a family fully participate in the au pair pro- who cannot provide the au pair with a gram. suitable private bedroom; and (e) Au pair placement. Sponsors shall (7) Place an au pair with a host fam- secure, prior to the au pair’s departure ily unless the host family has inter- from the home country, a host family viewed the au pair by telephone prior placement for each participant. Spon- to the au pair’s departure from his or sors shall not: her home country. (1) Place an au pair with a family un- (f) Au pair orientation. In addition to less the family has specifically agreed the orientation requirements set forth that a parent or other responsible at § 62.10, all sponsors shall provide au adult will remain in the home for the pairs, prior to their departure from the first three days following the au pair’s home country, with the following in- arrival; formation: (2) Place an au pair with a family (1) A copy of all operating proce- having a child aged less than three dures, rules, and regulations, including months unless a parent or other re- a grievance process, which govern the sponsible adult is present in the home; au pair’s participation in the exchange (3) Place an au pair with a host fam- program; ily having children under the age of (2) A detailed profile of the family two, unless the au pair has at least 200 and community in which the au pair hours of documented infant child care will be placed; experience. An au pair participating in (3) A detailed profile of the edu- the EduCare program shall not be cational institutions in the community placed with a family having pre-school where the au pair will be placed, in- children in the home unless alternative cluding the financial cost of attend- full-time arrangements for the super- ance at these institutions; vision of such pre-school children are (4) A detailed summary of travel ar- in place; rangements; and (4) Place an au pair with a host fam- (5) A copy of the Department of ily having a special needs child, as so State’s written statement and bro- identified by the host family, unless chure regarding the au pair program. the au pair has specifically identified his or her prior experience, skills, or (g) Au pair training. Sponsors shall training in the care of special needs provide the au pair participant with children and the host family has re- child development and child safety in- viewed and acknowledged in writing struction, as follows: the au pair’s prior experience, skills, or (1) Prior to placement with the host training so identified; family, the au pair participant shall re- (5) Place an au pair with a host fam- ceive not less than eight hours of child ily unless a written agreement between safety instruction no less than 4 of the au pair and the host family detail- which shall be infant-related; and ing the au pair’s obligation to provide (2) Prior to placement with the child care has been signed by both the American host family, the au pair par- au pair and the host family prior to the ticipant shall receive not less than au pair’s departure from his or her twenty-four hours of child development home country. Such agreement shall instruction of which no less than 4 clearly state whether the au pair is an shall be devoted to specific training for EduCare program participant or not. children under the age of two. Such agreement shall limit the obliga- (h) Host family selection. Sponsors tion to provide child care services to shall adequately screen all potential not more than 10 hours per day or more host families and at a minimum shall: than 45 hours per week unless the au (1) Require that the host parents are pair is an EduCare participant. Such U.S. citizens or legal permanent resi- agreement shall limit the obligation of dents; an EduCare participant to provide (2) Require that host parents are flu- child care service to not more than 10 ent in spoken English; hours per day or more than 30 hours (3) Require that all adult family per week. members resident in the home have

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been personally interviewed by an or- with the requirements of the Fair ganizational representative; Labor Standards Act as interpreted (4) Require that host parents and and implemented by the United States other adults living full-time in the Department of Labor. EduCare partici- household have successfully passed a pants shall be compensated at a weekly background investigation including rate that is 75% of the weekly rate paid employment and personal character to non-EduCare participants; references; (2) Do not provide more than 10 hours (5) Require that the host family have of child care per day, or more than 45 adequate financial resources to under- hours of child care in any one week. take all hosting obligations; EduCare participants may not provide (6) Provide a written detailed sum- more than 10 hours of child care per mary of the exchange program and the day or more than 30 hours of child care parameters of their and the au pair’s in any one week; duties, participation, and obligations; (3) Receive a minimum of one and and one half days off per week in addition (7) Provide the host family with the to one complete weekend off each prospective au pair participant’s com- month; and plete application, including all ref- (4) Receive two weeks of paid vaca- erences. tion. (i) Host family orientation. In addition (k) Educational component. Sponsors to the requirements set forth at § 62.10 must: sponsors shall: (1) Require that during their initial (1) Inform all host families of the period of program participation, all philosophy, rules, and regulations gov- EduCare au pair participants complete erning the sponsor’s exchange program not less than 12 semester hours (or and provide all families with a copy of their equivalent) of academic credit in the Department of State’s written formal educational settings at accred- statement and brochure regarding the ited U.S. post-secondary institutions au pair program; and that all other au pair participants (2) Provide all selected host families complete not less than six semester with a complete copy of Department of hours (or their equivalent) of academic State-promulgated Exchange Visitor credit in formal educational settings at Program regulations, including the accredited U.S. post-secondary institu- supplemental information thereto; tions. As a condition of program par- (3) Advise all selected host families ticipation, host family participants of their obligation to attend at least must agree to facilitate the enrollment one family day conference to be spon- and attendance of au pairs in accred- sored by the au pair organization dur- ited U.S. post secondary institutions ing the course of the placement year. and to pay the cost of such academic Host family attendance at such a gath- course work in an amount not to ex- ering is a condition of program partici- ceed $1,000 for EduCare au pair partici- pation and failure to attend will be pants and in an amount not to exceed grounds for possible termination of $500 for all other au pair participants. their continued or future program par- (2) Require that during any extension ticipation; and of program participation, all partici- (4) Require that the organization’s pants (i.e., Au Pair or EduCare) satisfy local counselor responsible for the au an additional educational requirement, pair placement contacts the host fam- as follows: ily and au pair within forth-eight hours (i) For a nine or 12-month extension, of the au pair’s arrival and meets, in all au pair participants and host fami- person, with the host family and au lies shall have the same obligation for pair within two weeks of the au pair’s coursework and payment therefore as arrival at the host family home. is required during the initial period of (j) Wages and hours. Sponsors shall program participation. require that au pair participants: (ii) For a six-month extension, (1) Are compensated at a weekly rate EduCare au pair participants must based upon 45 hours of child care serv- complete not less than six semester ices per week and paid in conformance hours (or their equivalent) of academic

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credit in formal educational settings at (3) A summation of all situations accredited U.S. post-secondary institu- which resulted in the placement of au tions. As a condition of participation, pair participant with more than one host family participants must agree to host family; facilitate the enrollment and attend- (4) A report by a certified public ac- ance of au pairs at accredited U.S. post countant, conducted pursuant to a for- secondary institutions and to pay the mat designated by the Department of cost of such academic coursework in an State, attesting to the sponsor’s com- amount not to exceed $500. All other au pliance with the procedures and report- pair participants must complete not ing requirements set forth in this sub- less than three semester hours (or their part; equivalent) of academic credit in for- mal educational settings at accredited (5) A report detailing the name of the U.S. post-secondary institutions. As a au pair, his or her host family place- condition of program participation, ment, location, and the names of the host family participants must agree to local and regional organizational rep- facilitate the enrollment and attend- resentatives; and ance of au pairs at accredited U.S. post (6) A complete set of all promotional secondary institutions and to pay the materials, brochures, or pamphlets dis- cost of such academic coursework in an tributed to either host family or au amount not to exceed $250. pair participants. (l) Monitoring. Sponsors shall fully (n) Sanctions. In addition to the sanc- monitor all au pair exchanges, and at a tions provisions set forth at § 62.50, the minimum shall: Department of State may undertake (1) Require monthly personal contact immediate program revocation proce- by the local counselor with each au dures upon documented evidence that a pair and host family for which the sponsor has failed to: counselor is responsible. Counselors (1) Comply with the au pair place- shall maintain a record of this contact; ment requirements set forth in para- (2) Require quarterly contact by the graph (e) of this section; regional counselor with each au pair (2) Satisfy the selection requirements and host family for which the coun- selor is responsible. Counselors shall for each individual au pair as set forth maintain a record of this contact; in paragraph (d) of this section; and (3) Require that all local and regional (3) Enforce and monitor host family’s counselors are appraised of their obli- compliance with the stipend and hours gation to report unusual or serious sit- requirements set forth in paragraph (j) uations or incidents involving either of this section. the au pair or host family; and (o) Extension of program. The Depart- (4) Promptly report to the Depart- ment, in its sole discretion, may ap- ment of State any incidents involving prove extensions for au pair partici- or alleging a crime of moral turpitude pants beyond the initial 12-month pro- or violence. gram. Applications to the Department (m) Reporting requirements. Along for extensions of six, nine, or 12 with the annual report required by reg- months, must be received by the De- ulations set forth at § 62.17, sponsors partment not less than 30 calendar shall file with the Department of State days prior to the expiration of the ex- the following information: change visitor’s initial authorized stay (1) A summation of the results of an in either the Au Pair or EduCare pro- annual survey of all host family and au gram (i.e., 30-calendar days prior to the pair participants regarding satisfaction program end date listed on the ex- with the program, its strengths and change visitor’s Form DS–2019). The re- weaknesses; (2) A summation of all complaints re- quest for an extension beyond the max- garding host family or au pair partici- imum duration of the initial 12-month pation in the program, specifying the program must be submitted electroni- nature of the complaint, its resolution, cally in the Department of Homeland and whether any unresolved com- plaints are outstanding;

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Security’s Student and Exchange Vis- (d) Participant screening and selection. itor Information System (SEVIS). Sup- In addition to satisfying the require- porting documentation must be sub- ments set forth at § 62.10(a), sponsors mitted to the Department on the spon- are solely responsible for adequately sor’s organizational letterhead and screening and making the final selec- contain the following information: tion of their program participants and (1) Au pair’s name, SEVIS identifica- at a minimum must: tion number, date of birth, the length (1) Conduct and document interviews of the extension period being re- with potential participants either in- quested; person or by video-conference; (2) Verification that the au pair com- (2) Ensure that selected applicants pleted the educational requirements of have English language skills sufficient the initial program; and to successfully function on a day-to- (3) Payment of the required non-re- day basis in their work environments. fundable fee (see 22 CFR 62.90) via Sponsors must verify each partici- Pay.gov. pant’s English language proficiency ei- (p) Repeat participation. A foreign na- ther through a recognized language tional who enters the United States as test administered by an academic in- an au pair Exchange Visitor Program stitution or English language school or participant and who has successfully through the required documented completed his or her program is eligi- interview; and ble to participate again as an au pair (3) Confirm that at the time of appli- participant, provided that he or she has cation, applicants (including final year resided outside the United States for at students) are enrolled full-time and least two years following completion of pursuing studies at accredited post-sec- his or her initial au pair program. ondary academic institutions located outside of the United States and have [60 FR 8552, Feb. 15, 1995, as amended at 62 successfully completed at least one se- FR 34633, June 27, 1997; 64 FR 53930, Oct. 5, 1999. Redesignated at 64 FR 54539, Oct. 7, 1999; mester, or equivalent, of post-sec- 66 FR 43087, Aug. 17, 2001; 71 FR 33238, June ondary academic study. 8, 2006; 73 FR 34862, June 19, 2008] (e) Participant orientation. In addition to satisfying the requirements set § 62.32 Summer work travel. forth at § 62.10(b) and (c), sponsors must (a) Introduction. These regulations provide program participants, prior to govern program participation in Sum- participants’ departures from their mer Work Travel programs conducted home countries, the following informa- by Department of State-designated tion and/or documentation: sponsors pursuant to the authority (1) A copy of the Department of granted the Department of State under State’s Summer Work Travel Partici- Public Law 105–277. pant Letter; (b) Purpose. The purpose of this pro- (2) A copy of the Department of gram is to provide bona fide foreign State’s Summer Work Travel Program students who are enrolled full-time and Brochure; pursuing studies at accredited post-sec- (3) The Department of State’s toll- ondary academic institutions located free help line telephone number; outside the United States with the op- (4) The sponsor’s 24/7 immediate con- portunity to work and travel in the tact telephone number; United States for the shorter of four (5) Information advising participants months or the length of the long break of their obligation to notify their spon- between academic years at the schools sors when they arrive in the United they attend (i.e., the summer break). States and to provide information, (c) Duration of participation. Summer within 10 days, of any change in jobs or work travel participants are authorized residences; and to participate in the Exchange Visitor (6) Information concerning any con- Program for up to four months during tractual obligations related to partici- their official summer breaks. Exten- pants’ acceptance of paid employment sions of program participation are not in the United States, if employment permitted. has been pre-arranged.

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