NEW RULES ON AU PAIRS ISSUED

In an effort to provide greater consistency in the au pair program (and presumably in response to the highly publicized recent au pair murder trial in New England involving a British J-1 visa holder), the State Department has issued new rules covering certain aspects of the program.  The new rules break down into four general categories:  placement of the au pair, requirements for selection as a host family, orientation to the program, and reporting requirements.

The following are requirements related to the placement of au pairs:

·        A parent or other responsible adult must remain in the home for the first days the au pair is there. 

·        An au pair is not to be placed with a family with a child under three unless a parent or responsible adult is in the home

·        An au pair is not to be placed in a family with a child under two unless the au pair has at least 200 hours of documented infant care experience

·        An au pair is not to be placed in a family with a special needs child unless the au pair has documented prior experience and the family has reviewed it

·        A written agreement between the au pair and the host family is required, and must spell out that the au pair will provide no more than 45 hours of child care per week

·        The au pair must be provided with a private bedroom

·        There must be a telephone interview between the au pair and the host family prior to the au pair’s departure from their home country.

Requirements for a host family are as follows:

·        The host parents must be US citizens or permanent residents

·        The host parents must be fluent in spoken English

·        All adults living in the host family must be interviewed by the program sponsor

·        All adults living in the host family must pass a background investigation including employment and personal character references

·        The host family must have financial resources commensurate with its obligations as host

·        The host family must be provided with a copy of the au pair’s application, including all references 

The au pair must be provided with copies of all rules and regulations that govern their participation in the au pair program, as well as a detailed profile of the family and community where they will be placed and any schools in the area, including costs of attendance.  The host family will be required to attend a host family conference, and must be provided with copies of regulations governing the au pair program. 

The regulations also require an annual report to be filed with the State Department by the program sponsor.  The report must include the following information:  the results of surveys of host families and au pairs regarding their satisfaction with the program, lists of complaints about the program, including actions taken in response, copies of all promotional literature, and a report by a certified public accountant affirming that the program is in compliance with the procedures and reporting requirements of these regulations. 

< Back | Next >

Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.