The Introduction of a federal form called the DS-7007. This form will be required for all students (both premium and independent) and will require a signature by the host company, sponsor and student. The two-page form is quite detailed and a completed copy will need to be on file with Intrax prior to issuing the DS-2019 form. A copy of this form is attached for your reference but note that this isn't the final version as the DoS may elect to modify the form.

Limitations on the type of job placements that will be allowed for students.

Required monitoring of students that include pre-and-post arrival orientations, monthly check-ins and a possible opportunity for organized cultural activities.

Requirements for Intrax to fully validate host companies for all new, replacement and second jobs before students work.

It is likely that we will not be able to issue any DS-2012 forms until new regulations go into effect sometime in February or March.


Job Placement

The Department of State is looking at further limiting the type of job placements students are allowed to have including:

• Require that placements have "regular interaction with Americans"
• Require that jobs be "seasonal" versus jobs that could be done at any time of the year
• Eliminate jobs deemed "hazardous" to young people such as:

Adult entertainment

Jobs requiring contact with hazardous materials or chemicals
Jobs requiring special licenses (at this time we believe that lifeguard certification will continue to be acceptable)
Agriculture
Warehouse/Factory work
Eliminate jobs that require deposits or are paid on an "ad hoc" basis

Although not specifically cited, we believe that fish processing jobs will also be prohibited in the coming season.

Hours & Scheduling

• Ensure that students have appropriate hours and shifts - no graveyard or overnight work allowed.
• Host companies would be required to provide an average of 32 hours per week over the course of the program.
• The Department of State is considering limiting the maximum number of hours a student can work, possibly to 60 hours per week.

Monthly Monitoring

• Sponsors shall provide monthly monitoring that includes having monthly contact with the students. Students must check in or otherwise engage with the sponsor on a monthly basis and the sponsor shall maintain a log of all contacts.
• It will no longer be alright for a participant to go through the program without reporting into the sponsor. Intrax will create a system whereby participants can report that all is well or that they need contact.

Mandatory Cultural Component

Sponsors will be responsible for providing "organized opportunities" for students to become more familiar with American sites and places of interests and/or a chance to become better acquainted with the communities in which they are living. This requirement has not yet been clearly defined though we anticipate this component will be in addition to any cultural exchange that occurs within the workplace.

New Regulations and Program Limits

The Department of State announced a moratorium on all program growth for the coming year. This means that each sponsor will receive the number of DS-2019 forms in 2012 equal to the number of participants who arrived in 2011. This will effectively reduce the overall size of the SWT industry from approximately 100,000 participants to 80,000 participants in the coming year as this new limit does not take into consideration cancelations or visa denials.


Question: What are the regulations? Have they been published?
Answer:
Some are from the July 15, 2011 regulations and some are proposed regulations not yet published. We expect the newest regulation changes to be published in February or March 2012

SECTION 2: Outline of Current and Proposed Regulations:
Regulation:
Initial check-in for participants (Validation within 7 days of DS start date)
Details:
This was from the July 15, 2011 regulations. Participants are required to notify sponsors of their arrival within TEN days of the DS start date. This includes the time that sponsor will need to receive and process the information, so the deadline for participants must be sooner.

Regulation:
Monthly check-ins for participants
Details:
This was from the July 15, 2011 regulations and further clarified in the Guidance Directives. Participants must contact their sponsor every month. Sponsors are to Terminate the programs of participants who do not complete their check-in in a "reasonable amount of time".
Students that do not check in on time are put on probation and have a 7 day window of time before they are immediately put up for Termination.

Regulation:
Employer Check-ins
Details:
This was from the July 15, 2011 regulations. Host employers are required to notify the sponsor when students arrive, if they leave early or are fired, and if any job condition has changed.


Regulation:
Confirming every job
Details:
This was from the July 15, 2011 regulations. Sponsors must verify every job for their participants prior to issuing the DS2019 form, unless they are from a visa waiver country.
If participants have a second job, sponsor must also verify this job before they can start work.

Regulation:
Cultural Component
Details:
This is a proposed regulation, but we have received a Guidance Directive (December 13, 2011) with more details. Either way (regulation or directive), we have to enforce it. Particular attention should be paid to the following:
Appropriateness of the job, availability and suitability of housing and transportation, opportunities for cultural activities and community engagement, balance between work time and free time and opportunities for interaction with Americans.
In addition, we are not allowing factory jobs and are accepting fisheries on a case-by-case basis. In general, employers need to be more aware of the purpose of the program - it is a cultural exchange program, not just for work. Getting and including this information makes it easier for us to defend certain placements to DOS, if needed.

Regulation:
Employer Seasonality
Details:
This is a proposed regulation, but we have received a Guidance Directive (December 13, 2011) with more details. Either way (regulation or directive), we have to enforce it. Prior to sponsor approval, employers must be deemed 'seasonal'.
Determining seasonality will be fact-based. An example of a non-seasonal employer: Business that is not in a resort area putting SWT J-1 participant in jobs because of high turnover. This is NOT ok. Concern rises when employers have multiple (winter, spring and summer season) SWT participants in a year-round position. For example, problematic would be an employer that hires winter, spring and summer students. Obviously, they are filling a year-round job with internationals. Employers that hire J1s for the spring and winter program MIGHT be ok but sponsors would need to determine that the business is seasonal. For partners, especially SP partners, this means more attention to the area where students are planning to work. Is it seasonal?

Regulation:
minimum and maximum hours per week
Details:
DOS are proposing a minimum of 32 (average, we hope) hours per week and considering capping the number of hours a participants can work in a week. The Alliance has already asked that this be removed as it is difficult to enforce, may cause employers to stop hiring J1s, and goes against the regulation that they need to be treated like American employees. We believe that the intention of this (proposed) regulation was a result of having some participants that had "excessive working hours", which the Alliance agrees can be a problem, albeit in a small minority of placements. They did not specify if 32 hours would be for every week, or an average.