Department of State Regulations

Au Pair Program Department of State Regulations

Regulated by the U.S. Department of State, Au Pair International is a federally designated sponsor of the Au Pair Program, an exchange visitor division of BridgeUSA. As a federal program sponsor, we are obligated to follow and enforce the following federal regulations governing the Au Pair Program. Full regulations are provided below, along with links to official documentation and information on other federal exchange visitor programs offered through BridgeUSA.

U.S. Department of State Au Pair Program Regulations

U.S. Department of State Exchange Visitor Programs

Regulations, 22 CFR Part 62.31

Au Pair Program Regulations

(a) Introduction

This section governs 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...

(b) Program designation

The Department of State may, in its sole discretion, designate bona fide programs satisfying the objectives set forth in paragraph (a)...

(c) Program eligibility

  1. Limit participation to not more than one year;
  2. Limit child care hours according to program type;
  3. Require academic enrollment per program type;
  4. Ensure adequate training/supervision of all personnel;
  5. Place au pairs within one hour of a local rep;
  6. Maintain monthly contact records;
  7. Bi-monthly contact for new placements;
  8. Restrict reps not working full-time to 15 au pairs/families;
  9. Provide local reps with adequate support.

(d) Au pair selection

  1. Ages 18-26;
  2. Secondary school graduate or equivalent;
  3. Proficient in English;
  4. Physical exam clearance;
  5. Interviewed in English with report;
  6. Pass background check including psychometric profile.

(e) Au pair placement

  1. Three-day adult presence required upon arrival;
  2. No placement with infants under three months without an adult;
  3. Infant experience required for children under 2;
  4. Special needs training required if applicable;
  5. Signed written agreement detailing obligations;
  6. Private bedroom must be provided;
  7. Telephone interview required before placement.

(f) Au pair orientation

  1. Program rules and grievance process;
  2. Family and community profile;
  3. Educational opportunities and cost;
  4. Travel summary;
  5. Department of State au pair brochure.

(g) Au pair training

  1. 8 hours of child safety instruction (4 hours infant-related);
  2. 24 hours of child development (4 hours for under 2s).

(h) Host family selection

  1. U.S. citizens or legal residents;
  2. Fluent in English;
  3. All adults interviewed;
  4. Background checks on all adults;
  5. Adequate financial resources;
  6. Written program summary;
  7. Provide complete au pair application.

(i) Host family orientation

  1. Provide program rules and Department materials;
  2. Provide full set of program regulations;
  3. Inform of mandatory family day conference;
  4. Contact by counselor within 48 hours and in-person visit within two weeks.

(j) Wages and hours

  1. Pay per Fair Labor Standards Act;
  2. No more than 10 hours/day, 45 hours/week (30 for EduCare);
  3. Minimum 1.5 days off per week + 1 weekend/month;
  4. 2 weeks paid vacation.

(k) Educational component

  1. Initial requirements: 6/12 credits and cost paid by host family;
  2. Extension requirements (3/6/12 months): coursework and payment accordingly.

(l) Monitoring

  1. Monthly contact by local counselor;
  2. Quarterly contact by regional counselor;
  3. Report serious situations promptly;
  4. Report crimes of moral turpitude or violence to Department.

(m) Reporting requirements

  1. Annual satisfaction survey;
  2. Complaints summary;
  3. Multiple placement cases;
  4. CPA report of compliance;
  5. Participant and rep roster;
  6. Promotional materials copy.

(n) Sanctions

The Department of State may revoke program designation for failure to:

  1. Follow placement procedures;
  2. Ensure participant selection compliance;
  3. Monitor host family stipend/hour rules.

(o) Extension of program

The Department may approve 6, 9, or 12-month extensions. Application must include:

  1. Participant identification details;
  2. Verification of educational requirement completion;
  3. Non-refundable fee payment.

(p) Repeat participation

Eligible after 2 years outside the U.S. post-completion of initial program.

Sources: Federal Register citations - 60 FR 8552, 62 FR 34633, 64 FR 53930, 64 FR 54539, 66 FR 43087, 71 FR 33238, 73 FR 34862