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Regulations Highlight - Sponsor Responsibilities

regulations
The following regulations outline sponsors’ responsibilities for vetting any and all host employers and organizations for both the Summer Work Travel and Intern/Trainee programs. Thank you for providing the requested documentation to us; we greatly appreciate your support!

Summer Work Travel Key Employer Responsibilities

“Vetting domestic host organizations as set forth in 62.32 (3) i-iii:
Annually, sponsors must undertake appropriate due diligence in the vetting of domestic third parties who assist in the promotion of mutual understanding and potential host employers.
1.) Sponsors must ensure that third parties assisting in promoting mutual understanding (i.e., providing opportunities for participants to engage in cultural activities) are reputable individuals or organizations that are qualified to perform the activities agreed to and that they have sufficient liability insurance, if appropriate. All third parties that are registered business entities must be vetted according to the host employer procedures set forth in paragraphs (n)(2)(i) through (iii) of this section.
2.) Sponsors must ensure that potential host employers are legitimate and reputable businesses by, at a minimum:

  • Making direct contact in person or by telephone with potential employers to verify the business owners’ and/or managers’ names, telephone numbers, email addresses, street addresses, and professional activities;
  • Utilizing publicly available information, for example, but not limited to, state registries, advertisements, brochures, Web sites, and/or feedback from prior participants to confirm that all job offers have been made by viable business entities;
  • Obtaining potential host employers’ Employer Identification Numbers and copies of their current business licenses; and
  • Verifying the potential host employers’ Worker’s Compensation Insurance Policy or equivalent in each state where a participant will be placed or, if applicable, evidence of that state’s exemption from requirement of such coverage.

3.) At the beginning of each placement season, sponsors must confirm:

  • The number of job placements available with host employers;
  • That host employers will not displace domestic U.S. workers at worksites where they will place program participants; and
  • That host employers have not experienced layoffs in the past 120 days and do not have workers on lockout or on strike.

Official Link: ELECTRONIC CODE OF FEDERAL REGULATIONS

Intern/Trainee Key Employer Responsibilities

As reference in {62.22 (3) i-iii} “Screening and vetting host organizations:”
Sponsors must adequately screen all potential host organizations at which a trainee or intern will be placed by obtaining the following information:

  • Employer Identification Number (EIN) used for tax purposes;
  • Third party verification of telephone number, address, and professional activities, e.g., via advertising, brochures, Web site, and/or feedback from prior participants; and
  • Verification of Worker’s Compensation Insurance Policy or equivalent in each state or, if applicable, evidence of state exemption from requirement of coverage.

Official Link: ELECTRONIC CODE OF FEDERAL REGULATIONS

Interested in joining a live regulations webinar hosted by AAG’s Head of Training & Development? Click here for more details.

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