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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.
(f) Monitoring. Sponsors shall provide:
(1) All participants with a telephone number which allows 24-hour immediate contact with the sponsor; and
(2) Appropriate assistance to program participants on an as-needed emergency basis.
(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.
(a) A sponsor shall terminate an exchange visitor's participation in its program when the exchange visitor:
(1) Fails to pursue the activities for which he or she was admitted to the United States;
(2) Is unable to continue, unless otherwise exempted pursuant to these regulations;
(3) Violates the Exchange Visitor Program regulations and/or the sponsor's rules governing the program, if, in the sponsor's opinion, termination is warranted;
(4) Willfully fails to maintain the insurance coverage required under §62.14 of these regulations; or
(b) An exchange visitor's participation in the Exchange Visitor Program is subject to termination when he or she engages in unauthorized employment. Upon establishing such violation, the Department of State shall terminate the exchange visitor's participation in the Exchange Visitor Program.
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