[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR62.31]

[Page 300-303]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 62--EXCHANGE VISITOR PROGRAM--Table of Contents
 
                 Subpart B--Specific Program Provisions
 
Sec. 62.31  Au pairs.

    (a) Introduction. These regulations govern Department of State-
designated exchange visitor programs under which foreign nationals are 
afforded the opportunity to live with an American host family and 
participate directly in the home life of the host family while providing 
limited child care services and attending a U.S. post-secondary 
educational institution.
    (b) Program designation. The Department of State may, in its sole 
discretion, designate bona fide programs satisfying the objectives set 
forth in paragraph (a) of this section. Such designation shall be for a 
period of two years and may be revoked by the Department of State for 
good cause.
    (c) Program eligibility. Sponsors designated by the Department of 
State to conduct an au pair exchange program shall;
    (1) Limit the participation of foreign nationals in such programs to 
not more than one year;
    (2) Limit the number of hours an au pair participant is obligated to 
provide child care services to not more than 45 hours per week;
    (3) Require that the au pair participant register and attend classes 
offered by an accredited U.S. post-secondary institution for not less 
than six semester hours of academic credit or its equivalent;
    (4) Require that all officers, employees, agents, and volunteers 
acting on their behalf are adequately trained and supervised;
    (5) Require that the au pair participant is placed with a host 
family within one hour's driving time of the home of the local 
organizational representative authorized to act on the sponsor's behalf 
in both routine and emergency matters arising from the au pair's 
participation in their exchange program;
    (6) Require that each local organizational representative maintain a 
record of all personal monthly contacts (or more frequently as required) 
with each au pair and host family for which

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he or she is responsible and issues or problems discussed;
    (7) Require that all local organizational representatives contact au 
pair participants and host families twice monthly for the first two 
months following a placement other than the initial placement for which 
the au pair entered the United States.
    (8) Require that local organizational representatives not devoting 
their full time and attention to their program obligations are 
responsible for no more than fifteen au pairs and host families; and
    (9) Require that each local organizational representative is 
provided adequate support services by a regional organizational 
representative.
    (d) Au pair selection. In addition to satisfying the requirements of 
Sec. 514.10(a), sponsors shall ensure that all participants in a 
designated au pair exchange program:
    (1) Are between the ages of 18 and 26;
    (2) Are a secondary school graduate, or equivalent;
    (3) Are proficient in spoken English;
    (4) Are capable of fully participating in the program as evidenced 
by the satisfactory completion of a physical;
    (5) Have been personally interviewed, in English, by an 
organizational representative who shall prepare a report of the 
interview which shall be provided to the host family; and
    (6) Have successfully passed a background investigation that 
includes verification of school, three, non-family related personal and 
employment references, a criminal background check or its recognized 
equivalent and a personality profile. Such personality profile will be 
based upon a psychometric test designed to measure differences in 
characteristics among applicants against those characteristics 
considered most important to successfully participate in the au pair 
program.
    (e) Au pair placement. Sponsors shall secure, prior to the au pair's 
departure from the home country, a host family placement for each 
participant. Sponsors shall not:
    (1) Place an au pair with a family unless the family has 
specifically agreed that a parent or other responsible adult will remain 
in the home for the first three days following the au pair's arrival;
    (2) 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;
    (3) Place an au pair with a host family having children under the 
age of two, unless the au pair has at least 200 hours of documented 
infant child care experience;
    (4) Place an au pair with a host family having a special needs 
child, as so identified by the host family, unless the au pair has 
specifically identified his or her prior experience, skills, or training 
in the care of special needs children and the host family has reviewed 
and acknowledged in writing the au pair's prior experience, skills, or 
training so identified;
    (5) Place the au pair with a family unless a written agreement 
between the au pair and host family outlining the au pair's obligation 
to provide not more than 45 hours of child care services per week has 
been signed by both;
    (6) Place the au pair with a family who cannot provide the au pair 
with a suitable private bedroom; and
    (7) 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.
    (f) Au pair orientation. In addition to the orientation requirements 
set forth at Sec. 514.10, all sponsors shall provide au pairs, prior to 
their departure from the home country, with the following information:
    (1) A copy of all operating procedures, rules, and regulations, 
including a grievance process, which govern the au pair's participation 
in the exchange program;
    (2) A detailed profile of the family and community in which the au 
pair will be placed;
    (3) 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;
    (4) A detailed summary of travel arrangements; and
    (5) A copy of the Department of State's written statement and 
brochure regarding the au pair program.

[[Page 302]]

    (g) Au pair training. Sponsors shall provide the au pair participant 
with child development and child safety instruction, as follows:
    (1) Prior to placement with the host family, the au pair participant 
shall receive not less than eight hours of child safety instruction no 
less than 4 of which shall be infant-related; and
    (2) Prior to placement with the American host family, the au pair 
participant shall receive not less than twenty-four hours of child 
development instruction of which no less than 4 shall be devoted to 
specific training for children under the age of two.
    (h) Host family selection. Sponsors shall adequately screen all 
potential host families and at a minimum shall:
    (1) Require that the host parents are U.S. citizens or legal 
permanent residents;
    (2) Require that host parents are fluent in spoken English;
    (3) Require that all adult family members resident in the home have 
been personally interviewed by an organizational representative;
    (4) 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;
    (5) Require that the host family have adequate financial resources 
to undertake all hosting obligations;
    (6) Provide a written detailed summary of the exchange program and 
the parameters of their and the au pair's duties, participation, and 
obligations; and
    (7) Provide the host family with the prospective au pair 
participant's complete application, including all references.
    (i) Host family orientation. In addition to the requirements set 
forth at Sec. 514.10 sponsors shall:
    (1) Inform all host families of the philosophy, rules, and 
regulations governing the sponsor's exchange program and provide all 
families with a copy of the Department of State's written statement and 
brochure regarding the au pair program;
    (2) Provide all selected host families with a complete copy of 
Department of State-promulgated Exchange Visitor Program regulations, 
including the supplemental information thereto;
    (3) Advise all selected host families of their obligation to attend 
at least one family day conference to be sponsored by the au pair 
organization during the course of the placement year. Host family 
attendance at such a gathering is a condition of program participation 
and failure to attend will be grounds for possible termination of their 
continued or future program participation; and
    (4) Require that the organization's local counselor responsible for 
the au pair placement contacts the host family and au pair within forth-
eight hours of the au pair's arrival and meets, in person, with the host 
family and au pair within two weeks of the au pair's arrival at the host 
family home.
    (j) Wages and hours. Sponsors shall require that au pair 
participants:
    (1) Are compensated at a weekly rate based upon 45 hours per week 
and paid in conformance with the requirements of the Fair Labor 
Standards Act as interpreted and implemented by the United States 
Department of Labor;
    (2) Do not provide more than 10 hours of child care on any given 
day, nor more than 45 hours of child care in any one week;
    (3) Receive a minimum of one and a half days off per week in 
addition to one complete weekend off each month; and
    (4) Receive two weeks of paid vacation.
    (k) Educational component. Sponsors shall require that during the 
period of program participation, all au pair participants are enrolled 
in an accredited post-secondary institution for not less than six hours 
of academic credit or its equivalent. As a condition of program 
participation, host family participants must agree to facilitate the 
enrollment and attendance of the au pair and to pay the cost of such 
academic course work in an amount not to exceed $500.
    (l) Monitoring. Sponsors shall fully monitor all au pair exchanges, 
and at a minimum shall:
    (1) Require monthly personal contact by the local counselor with 
each au pair and host family for which the counselor is responsible. 
Counselors shall maintain a record of this contact;

[[Page 303]]

    (2) Require quarterly contact by the regional counselor with each au 
pair and host family for which the counselor is responsible. Counselors 
shall maintain a record of this contact;
    (3) Require that all local and regional counselors are appraised of 
their obligation to report unusual or serious situations or incidents 
involving either the au pair or host family; and
    (4) Promptly report to the Department of State any incidents 
involving or alleging a crime of moral turpitude or violence.
    (m) Reporting requirements. Along with the annual report required by 
regulations set forth at Sec. 514.17, sponsors shall file with the 
Department of State the following information:
    (1) A summation of the results of an annual survey of all host 
family and au pair participants regarding satisfaction with the program, 
its strengths and weaknesses;
    (2) A summation of all complaints regarding host family or au pair 
participation in the program, specifying the nature of the complaint, 
its resolution, and whether any unresolved complaints are outstanding;
    (3) A summation of all situations which resulted in the placement of 
au pair participant with more than one host family;
    (4) A report by a certified public accountant, conducted pursuant to 
a format designated by the Department of State, attesting to the 
sponsor's compliance with the procedures and reporting requirements set 
forth in this subpart;
    (5) A report detailing the name of the au pair, his or her host 
family placement, location, and the names of the local and regional 
organizational representatives; and
    (6) A complete set of all promotional materials, brochures, or 
pamphlets distributed to either host family or au pair participants.
    (n) Sanctions. In addition to the sanctions provisions set forth at 
Sec. 514.50, the Department of State may undertake immediate program 
revocation procedures upon documented evidence that a sponsor has failed 
to:
    (1) Comply with the au pair placement requirements set forth in 
paragraph (e) of this section;
    (2) Satisfy the selection requirements for each individual au pair 
as set forth in paragraph (d) of this section; and
    (3) Enforce and monitor host family's compliance with the stipend 
and hours requirements set forth in paragraph (j) of this section.

[60 FR 8552, Feb. 15, 1995, as amended at 62 FR 34633, June 27, 1997; 64 
FR 53930, Oct. 5, 1999. Redesignated at 64 FR 54539, Oct. 7, 1999]