62.32—Summer work travel.
(a) Introduction.
These regulations govern program participation in summer work travel programs conducted by Department of State-designated sponsors pursuant to the authority granted the Department of State by Public Law 105-277. These programs provide foreign post-secondary students the opportunity to work and travel in the United States for a four month period during their summer vacations. Extensions of program participation are not permitted.
(b) Participant selection and screening.
In addition to satisfying the requirements set forth at § 62.10(a), sponsors shall adequately screen all program participants and at a minimum shall:
(2)
Ensure that the participant is a bona fide post-secondary school student in his or her home country; and
(3)
Ensure that not more than ten percent of selected program participants have previously participated in a summer work travel program.
(c) Participant orientation.
Sponsors shall provide program participants, prior to their departure from the home country, information regarding:
(2)
Any contractual obligations related to their acceptance of paid employment in the United States, if prior employment has been arranged.
(d) Participant placement.
Sponsors shall ensure that not less than 50 percent of their program participants have pre-arranged employment with a U.S. employer. For all program participants for whom pre-arranged employment has not been secured sponsors shall:
(1)
Ensure that the participant has sufficient financial resources to support him or herself during his or her search for employment;
(2)
Provide the participant with pre-departure information that explains how to seek employment and how to secure lodging in the United States;
(3)
Prepare and provide to program participants a roster of bona fide job listings equal to or greater than the number of participants for whom pre-arranged employment has not been secured; and,
(4)
Undertake reasonable efforts to secure suitable employment for any participant who has not found suitable employment within one week of commencing his or her job search.
(e) Participant compensation.
Sponsors shall advise program participants regarding Federal Minimum Wage requirements and shall ensure that participants receive pay and benefits commensurate with those offered to their American counterparts.
(1)
All participants with a telephone number which allows 24-hour immediate contact with the sponsor; and
(g) Use of third parties.
Program sponsors are responsible for full compliance with all Exchange Visitor Program regulations. If a program sponsor elects to utilize a third-party to provide U.S. hosting, orientation, placement, or other support services to participants for whom they have facilitated entry into the United States, such sponsor shall closely oversee the provision of these services by the third-party and ensure that the provision of these services satisfies all regulatory obligations.
(h) Placement report.
In lieu of listing the name and address of the participant's pre-arranged employer on the Form DS-2019, sponsors shall submit to the a report of all participant placements. Sponsors shall report the name, place of employment, and the number of times each participant has participated in a summer work travel program. In addition, for participants for whom employment was not pre-arranged, the sponsor shall also list the length of time it took for such participant to find employment. Such report shall be submitted semi-annually on January 30th and July 31st of each year and shall reflect placements made in the preceding six month period.
(i) Unauthorized activities.
Program participants may not be employed as domestic employees in United States households or in positions that require the participant to invest his or her own monies to provide themselves with inventory for the purpose of door-to-door sales.