Summer Work Travel Program Regulatory Changes Will Impact U.S. Employers in 2012

January 26, 2012

On July 15, 2011, the U.S. Department of State implemented new regulatory changes that affect the way the Summer Work Travel (SWT) program is administered. These changes are intended to enhance sponsor job verification, provide greater transparency for the student on key aspects of living and working in the U.S. and improve the program experience for all involved.

Among these new regulations for 2012, each employer must:

  • Provide sponsors like InterExchange with proof of corporate documents and licensing, including Employer Identification Numbers (EINs) and Worker’s Compensation policies.
  • Make hiring decisions earlier in the season if J-1 students are part of the business's seasonal staffing solution.
  • Work with the J-1 Visa sponsor to fully vet all job placements before students may apply for their J-1 Visas.
  • Enter into a formal contract with the student and sponsor organization and commit to ensuring the job and terms are adhered to.
  • Not accept payment or other financial incentives to host program participants.
  • Report to sponsor regarding every student’s employment status and any changes to agreement.
  • Await sponsor approval before allowing any J-1 student to begin work.
  • Pay overtime in accordance with state-specific and federal employment laws, in addition to the prevailing wage.

U.S. employers are highly discouraged from exclusively hiring international students in place of Americans who are available locally and qualified for open positions.

Read the full regulations here»

Emphasis on Cultural Exchange

In December 2011 the U.S. Department of State Guidance Directive 2011-05 reemphasized a “serious focus on the ‘cultural exchange’ aspect of Summer Work Travel”.


“The primary purpose of Summer Work Travel is to offer young men and women from around the world, the majority of whom are between 18 and 30 years old, an opportunity to increase their knowledge and understanding of the United States firsthand through a combined cultural and work experience. Recognizing that not all foreign university students can afford to visit the United States as tourists or students, the Summer Work Travel program offers participants the opportunity to work legally in the United States as a means of defraying their travel and living expenses. Sponsors must accordingly ensure that all placements provide participants with a balanced program, including a meaningful cultural experience, a variety of opportunities to meet Americans, and a chance to learn firsthand about American society, culture and values. In recent years, the work component of this exchange program has too often overshadowed the core cultural component that qualifies Summer Work Travel as an Exchange Visitor Program.“
 
InterExchange remains committed to making cultural exchange a primary component of every participant’s experience. Contact us to learn more about how you can build cultural learning and community interaction into your business and your international students’ experiences.

Talk to our team to learn how the new regulations may affect your summer recruiting and hosting process.
 


As a U.S. Department of State authorized J-1 visa sponsor and an industry leader with more than 40 years of experience, InterExchange will continue to share information about program changes to make sure our host employers and partners are aware of issues related to the work & travel program.



Please contact us with any questions related to the Work & Travel USA program:
InterExchange Work & Travel USA
1.800.621.1202
worktravel@interexchange.org