Employer Guidelines & Program Objectives

Dear Employer,

Thank you for your decision to become a host employer for our Work & Travel USA program. Your participation in this program continues a long tradition of U.S. employers who have capitalized on a unique opportunity to bring an international dimension to their workplace while providing a life-changing experience to foreign students.

About CIEE and the Work & Travel USA Program

Established in 1947, the Council on International Educational Exchange (CIEE) is a world-leader in language learning and cultural exchange services. CIEE is authorized by the U.S. State Department under section 101 (A)(15)(J) of the Immigration and Nationality Act to provide the necessary legal sponsorship that allows eligible foreign nationals to obtain the J-1 “Exchange Visitor” visa. The Work & Travel USA program is offered to bona fide university students screened for maturity and ability to get maximum benefit from undertaking casual seasonal work for up to 4 months during their university holiday time. The Exchange Visitor Program Regulations in full can be found in the Code of Federal Regulations (22 CFR Part 62).

Prohibited Jobs

CIEE vets the employment of all our participants according to the regulations of the J-1 Work & Travel USA program. CIEE cannot approve employment if there are questions about the safety and well-being of the participant, or if the nature of the employment prevents the participant from having a meaningful cultural exchange experience in the United States.

The following job types will not be approved for CIEE participants.

• Any job that is unpaid or does not pay at least the minimum wage for that state
• Sales jobs requiring the participant to invest his/her own monies to pre-purchase inventory
• Domestic help positions in private U.S. households – e.g. au pair, servant, gardener or chauffeur
• Jobs in the adult entertainment industry
• Jobs on the Department of Labor’s “hazardous jobs list”
• Jobs in warehouses
• Jobs with moving companies
• Jobs in factories
• Jobs in manufacturing
• Jobs in construction or located on construction sites
• Jobs in catalog / online distribution centers
• Jobs in the fisheries industry
• Jobs that are substantially commission-based and thus do not guarantee minimum wage
• Jobs at mall kiosks/carts
• Employment that involves driving as a primary job duty
• Jobs with exposure to dangerous chemicals (e.g. pesticides)
• Jobs on the gaming floor of casinos
• Jobs with travelling carnivals / concessions
• Jobs where the participant is hired as an independent contractor / hired on a 1099 form
• Operators of pedicabs, rolling chairs, other passenger carrying vehicles for hire, and/or vehicles requiring a commercial driver’s license
• Jobs providing clinical care, medical services or involving patient contact, hands on therapy, counseling, administering treatment or making diagnoses of medical, psychiatric or psychological patients, or veterinary work involving hands-on care.
• As ship or aircraft crew members, or as pilots, except as crew members on ships that travel only within domestic U.S. waters
• Teacher, teaching assistant or coach
• Camp counselor
• Jobs through staffing/employment agencies
• Jobs entailing sustained physical contact with customers (e.g., body piercing, tattoo parlor, massage)
• Overnight/graveyard shift jobs

Any job, whether or not it is included in the list above, must be generally compatible with the rules, regulations, and intent of the program. Participants must be able to balance their work responsibilities with time spent exploring their local community, learning about the U.S. and getting to know Americans. In addition to the above, any job that could bring notoriety or disrepute to the Exchange Visitor Program is expressly prohibited by the program regulations.

Employers of CIEE J-1 student workers are also required to have a Worker's Compensation insurance policy that covers the student workers. J-1 student workers may not be hired as independent contractors with wages reported via IRS form 1099.

Communicating Pertinent Information To Your Workers

Setting student expectations correctly is key. We strongly recommend that you pass along information to your hired workers prior to their arrival in the U.S. Such information could range from workplace rules and uniform requirements to details on housing to local area information and transportation instructions. CIEE recommends that you provide this advance information because it allows workers to prepare accordingly. Email is usually the best way to communicate with your workers before they arrive in the U.S.

Housing

If you do not include housing in your offer to the workers you hire, pointing workers in the right direction is helpful. This greatly eases the transition to living in a new country. We recommend that you provide this advice to your workers while they are still in their home country so that they can get a jump-start on their housing plans. Past housing options for Work & Travel workers have included furnished apartments, shared houses, hostels, long-term motel rentals, and rooms in private homes. All housing should adhere to all local, state, and federal health & safety and employment laws designed to protect the student both in the workplace and in any Employer arranged accommodations.

Transportation to work

Your international staff will probably take some time to become accustomed to transportation in the U.S. Please take the time to advise them on the safest and best ways to travel to work. If they are cycling, please remind them to wear a helmet, pick the best routes, and use lights when necessary.

Insurance

Each one of your workers is provided with basic travel insurance through CIEE as part of their program (for full policy details please refer to http://www.ciee.org/insurance).

The First Few Days

SEVIS Regulatory Requirements
All J-1 student workers are required to register their whereabouts electronically with the Department of Homeland Security (DHS) through SEVIS—the Student and Exchange Visitor Information System. This requirement is extremely important since the student's Exchange program will terminate if they fail to comply. Workers have two primary responsibilities within SEVIS:

• Within 20 days of the program start date printed on their DS-2019 Form, they must confirm with CIEE that they have begun their work exchange program and also provide their U.S. address (PO boxes aren’t permitted).
• Within 10 days of changing their home address during their stay, they must provide CIEE with this new address. Workers may use the CIEE website www.mysevis.com to give us this information. We will upload their entries into the U.S. government SEVIS system. Allowing your workers to register online at your company would help to guarantee that these requirements are being met. Workers can also contact CIEE at 1.888.268.6245 or contact@ciee.org to provide the required information. You can also help to ensure that your workers are adhering to these requirements by:
  • Reminding your workers of the importance of confirming the start of their program and updating their address as necessary.
  • Notifying CIEE of any students who do not arrive as scheduled or if a worker leaves work before their scheduled end date.
  • If you are looking to hire a student who is changing employers or seeking a second job, direct them to contact CIEE to secure permission authorizing them to work for you. This process will protect the interest of the original employer and make sure that both employers, the student, and CIEE are in agreement with the new situation. The original employer's (or CIEE's) name will remain on the DS-2019 form.

Social Security and Payroll
Many workers will arrive at your workplace without having applied for a Social Security number. To obtain a Social Security number, J-1 student workers must complete an Application for a Social Security card (Form SS-5). To find the nearest Social Security office, look in the telephone book under "Social Security Administration," call toll-free 1.800.772.1213, or visit the Social Security website at www.ssa.gov. Please note that students should complete their SEVIS registration at least 48 hours before applying for a Social Security card.

Although J-1 student workers are required to have a Social Security number, they are allowed to work before they have received one as long as they have applied for the number and have a receipt of their application. The SSA provides the following advice (visit www.ssa.gov/employer for more details): Provided that they apply for a Social Security number within seven days of commencing work, they are in compliance with the law and may work and receive paychecks. Students can demonstrate that they have applied for their Social Security number either by (1) showing a copy of the application form that was submitted, or (2) showing any acknowledgement of receipt provided by the SSA, or (3) showing a statement signed by the employee.

Payroll
J-1 student workers are required to pay some taxes just like any other taxpayer and are exempt from other taxes as a nonresident alien. They must pay:

• Federal income taxes
• State incomes taxes
• Local income taxes

They do not pay:

• Social Security taxes
• Medicare taxes
• Federal unemployment taxes