VISA Visiting International Students Association

Tuesday, June 23, 2009

Senator Ted Kennedy, Rep. Sarah K. Peake, Congressman Bill Delahunt

Claire Bangert, Candidate Sarah Peake, Gail Bangert, & John Bangert

http://www.travel.state.gov/pdf/Pamphlet-Order.pdf

Hi John,

I just left you a voice message. Below is the info that I received late yesterday. Not sure if it helps, but at least you have something to follow up on -via the website and talking with the Texas company as to what the J-1 workers were told.

I think that if this isn't enough, you need to loop back to the person who is in charge of the Human Rights Commission.

Also, I am not sure with whom you spoke in Congressman Delahunt's office. If you call their office again, speak with Kevin Driscoll--he's their staffer who handles State Dept. issues. Phone number: 508-771-0666.

Let me know if you need anything further.

Dottie

Dorothy M. Smith

Legislative Aide

Office of State Rep Sarah K. Peake

4th Barnstable District

617 722-2210

Room 473F

From: Jones, Tom (DOL)
Sent: Mon 6/22/2009 4:36 PM
To: Noguera, Stephanie (EOLWD); Smith, Dorothy M.(HOU)
Subject: RE: Labor Issue on Cape Cod

Dear Dorothy/Stephanie

I just looked at what appears to be the State Department’s web site. According to that, the J-1 worker must apply for the social security number if the person wants to work in the US. Do you know if these workers have applied for an ssn?

Assuming the people do have a right to work here, CVS should be withholding taxes and paying them. State law a worker must be paid within 6 days of the close of the pay period. Prior to there coming to the US, these people should have had a detailed explanation about their program, including documentation about payment. Though you should know that payment is referred to as a stipend on the webpage and a stipend does not always mean the same thing as wages.

http://www.travel.state.gov/pdf/Pamphlet-Order.pdf

Tom

-----Original Message-----
From: Noguera, Stephanie (EOLWD)
Sent: Monday, June 22, 2009 1:32 PM
To: Smith, Dorothy M.(HOU)
Cc: Jones, Tom (DOL)
Subject: RE: Labor Issue on Cape Cod

Dot,

This may be something that the Governor’s Joint Task Force on the Underground Economy may handle. I will check this out and get back to you.

SMN

-----Original Message-----
From: Smith, Dorothy M.(HOU)
Sent: Monday, June 22, 2009 1:22 PM
To: Noguera, Stephanie (EOLWD)
Subject: Labor Issue on Cape Cod
Importance: High

Hi Stephanie,

This is a follow up to our phone discussion a few minutes ago.

John Bangert, who is a member of the Immigrant Working Group on Cape Cod, and who coordinates with the Human Rights folks, called to state that we have J-1 workers working for the CVS chain of stores who have not been paid in 4 weeks.

CVS was contacted about this situation and they claim that they cannot pay these workers until they have obtained social security numbers.

He has been in contact with the company in Texas that arranged to bring them into the US for work, and that company says this is not true. John confirms that local companies like Friends Market in Orleans, and other stores just enter all zeroes for SSNs to get them on their payrolls and correct that after the real SSNs come in.

John contacted the head of the Human Rights Commission on the Cape but has not yet heard back from that person.

All of these kids are legitimately in the US and working locally for our businesses.

John is coordinating locally just to get food to these workers—they have no money.

If these kids were Americans, they would by law have to be paid within 5-10 business days of working.

Can you direct this issue to the proper folks?

Mr. Bangert’s phone number is 508-432-0545, in case a staff person wishes to discuss this issue directly with him.

As always, we appreciate any help that you can give us!

Dottie

Dorothy M. Smith

Legislative Aide

Sarah K. Peake

State Representative

4th Barnstable District

(617) 722-2210

Room 473F

Monday, June 22, 2009

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Program at a Glance

Overview: The Work/Travel program is an exchange program that assists companies with meeting current labor demands by bringing international university students to the U.S. on their summer break.

Type of visa: J-1 visa

Length of program: Up to 4 months

Participants profile: Students, from 18 to 28 years old with a minimum intermediate level of English

Types of positions: Positions include, but are not limited to:
Cook, Cashier, Dining room attendant, Housekeeper, Fast food worker, Laundry attendant, Hotel desk clerk, Dishwasher, Lifeguard, Ticket taker, Park service Parking attendant, Game attendant, Ride operator, Ski lift operator, Food service, etc.

Program Seasons:

Spring: Start Date: March 15th - End Date: June 15th
Summer: Start Date: May 15th to July 1st - End Date: Sept 15 to Oct 15th
Winter: Start Date: Nov 15th to Dec 20th - End Date: March 15 to April 15th
Please note: Students are usually available to work from 2 ½ months to 4 months depending upon the length of their university break.

We are a State Department designated J-1 visa sponsor
Ideal for companies with additional staffing needs in the winter, spring and/or summer months
Save on payroll taxes! No FICA or FUTA taxes*

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Program Purpose and Regulations

The State Department J-1 Work Travel Program is an Exchange Visitor Program designed to achieve the educational objectives of international and cultural exchange by involving young adults in the daily life of the host country through temporary employment opportunities and to return home to share their experiences, and to encourage Americans to participate in the educational and cultural programs in other countries. Today's global markets require international work experience, and the value added by working in the USA is immeasurable to students from overseas.
Workers will receive the federal minimum wage set by the Fair Labor Standards Act (FLSA). Federal Minimum Wage is $6.55/hour. Employers of "tipped employees" must pay a cash wage of at least $2.13/hr if they claim a tip credit against their minimum wage obligation. If an employee's tips combined with the employer's cash wage of at least $2.13/hr do not equal the minimum hourly wage, the employer must make up the difference. Any international workers employed will be paid the equivalent of their American counterparts.
Participants may not be employed as domestic employees in U.S. households or in positions that require them to invest their own money to provide themselves with inventory for the purpose of door- to-door sales.
Participants must follow SEVIS regulations during their stay in the USA.
Participants are allowed to travel in the United States for a period of 30 days after the end date on their DS-2019 form. They may not travel during the time of their work contract.

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click on chart to enlarge

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* State unemployment rules vary by state

Just What are J 1 Exchange Visitors?

http://exchanges.state.gov/jexchanges/programs/swt/pdfs/j-1-swt-program-for-ca-mtg-with-sponsors.pdf

J-1 Exchange Visitor Visa General Information:

The United States government issues J-1 Visas to individuals who take part in a wide range of exchange visitor programs sponsored by schools, businesses, and a variety of organizations and institutions. These programs are envisioned for business and industrial trainees, scholars, students, international visitors, teachers, research assistants, and those on cultural missions. In addition, there are several exchange visitor programs for young people, including summer employment programs, internship programs for university students and au-pair programs.