J-1 Exchange Visitor Visa – Au Pairs
1. Definition of J-1 Exchange Visitor Au Pair. 22 C.F.R. § 62.31 (a).
Participants in a J-1 Exchange Visitor Au Pair program provide child care services to a host family and attend a U.S. post-secondary educational institution. J-1 Au pair participants provide up to forty-five hours of child care services per week. Participants in the J-1 Au Pair program may not pursue less than six semester hours of academic credit during their year of program participation.
A pairs may also participate in an EduCare program, which is a subset of the J-1 Au Pair program that allows an au pair to reduce the number of hours per week working to pursue more hours in academics. Under the EduCare program, au pairs provide up to thirty hours of child care services per week, but may not pursue less than twelve semester hours of academic credit during their year of program participation.
2. Purpose of J-1 Exchange Visitor Au Pair Program. 22 C.F.R. § 62.31 (a).
The Purpose of the J-1 Exchange Visitor Au Pair Program is to provide foreign nationals an opportunity to live with an American host family and participate directly in the home life of the host family.
3. Criteria for J-1 Exchange Visitor Au Pair. 22 C.F.R. § 62.31 (d).
In order to qualify for participation in a J-1 Exchange Visitor Au Pair program, a foreign national must be:
- Between the ages of 18 and 26;
- A secondary school graduate, or equivalent;
- Proficient in spoken English;
- Capable of fully participating in the program as evidenced by the satisfactory completion of a physical;
- Personally interviewed by the J-1 Au Pair Program Sponsor, who will prepare a report of the interview and provide it to the host family; and
- Have successfully passed a background investigation that includes verification of school, three references, a criminal background check and a personality profile.
4. Placement of J-1 Exchange Visitor Au Pair. 22 C.F.R. § 62.31 (e).
Once selected, and prior to the au pair’s departure from the home country, the J-1 Au Pair Sponsor must provide host family placement for each participant. J-1 Au Pair Sponsors must not:
- Place an au pair with a family unless the family has agreed that a parent or other responsible adult will remain in the home for the first three days following the au pair’s arrival;
- Place an au pair with a family having a child aged less than three months, unless a parent or other responsible adult is present in the home;
- Place an au pair with a host family having children under the age of two, unless the au pair has significant infant child care experience;
- Place an au pair with a host family having a special needs child, unless the au pair has prior experience, skills, or training in the care of special needs children;
- Place an au pair with a host family unless there is a signed written agreement between the au pair and the host family detailing the au pair’s obligation to provide child care;
- Place the au pair with a family who cannot provide the au pair with a suitable private bedroom; and
- Place an au pair with a host family unless the host family has interviewed the au pair by telephone prior to the au pair’s departure from his or her home country.
5. Duration of J-1 Exchange Visitor Au Pair Participation. 22 C.F.R. § 62.31 (c).
Foreign nationals may not participate in a J-1 Au Pair programs for more than one year.
6. J-1 Exchange Visitor Au Pair Sponsor Obligations. 22 C.F.R. § 62.31.
All J-1 Exchange Visitor Au Pair sponsors must provide au pairs, prior to their departure from the home country, with the following information:
- A copy of all operating procedures, rules, and regulations, including a grievance process, which govern the au pair’s participation in the exchange program;
- A detailed profile of the family and community in which the au pair will be placed;
- A detailed profile of the educational institutions in the community where the au pair will be placed, including the financial cost of attendance at these institutions;
- A detailed summary of travel arrangements; and
- A copy of the Department of State’s written statement and brochure regarding the au pair program.
Additionally, J-1 Exchange Visitor Au Pair Sponsors must provide the au pair participant with training in child development and child safety instruction. This training must be prior to placement with the host family and must provide:
- The au pair participant with at least eight hours of child safety instruction, of which at least 4 hours must be infant-related; and
- Provide the au pair participant at least twenty-four hours of child development instruction, of which at least 4 hours must be devoted to specific training for children under the age of two.
In respect to wages and hours, J-1 Exchange Visitor Au Pair Sponsors must ensure that au pair participants:
- Are compensated at a weekly rate;
- Do not provide more than 10 hours of child care per day, or more than 45 hours of child care in any one week. EduCare participants may not provide more than 10 hours of child care per day or more than 30 hours of child care in any one week;
- Receive a minimum of one and one half days off per week in addition to one complete weekend off each month; and
- Receive two weeks of paid vacation.
7. J-1 Exchange Visitor Au Pair Host Families. 22 C.F.R. § 62.31 (h).
J-1 Exchange Visitor Au Pair Sponsors must adequately screen all potential host families and must:
- Require that the host parents are U.S. citizens or legal permanent residents;
- Require that host parents are fluent in spoken English;
- Require that all adult family members resident in the home have been personally interviewed by the J-1 Au Pair Sponsor;
- Require that host parents and other adults living full-time in the household have successfully passed a background investigation including employment and personal character references;
- Require that the host family have adequate financial resources to undertake all hosting obligations;
- Provide a written detailed summary of the exchange program; and
- Provide the host family with the prospective au pair participant’s complete application, including all references.