Displacement of American Workers (November 9, 2017)

Dear Sponsors,

We wanted to take this opportunity to remind you of the importance of the federal laws and/or regulations that govern the placement of exchange visitors in work-related educational and cultural programs within the Exchange Visitor Program (EVP).

The EVP Regulations contain numerous provisions designed to ensure that placements of exchange visitors with host organizations do not displace American workers.  (See, e.g., 22 C.F.R. §62.22(b)(1)(ii):  “Exchange Visitor Program training and internship programs must not be used as substitutes for ordinary employment or work purposes; nor may they be used under any circumstances to displace American workers;” and 22 C.F.R. §62.23(i)(3)(ii)(B): “A sponsor must ensure that it or any host organization acting on the sponsor's behalf: (B) Does not displace full- or part-time or temporary or permanent American workers or serve to fill a labor need and ensures that the position that the student interns fills exists solely to assist the student intern in achieving the objectives of his or her participation in a student internship program;” and 22 C.F.R. §62.32 (n)(3)(2)(ii):  “[S]ponsors must confirm … [t]hat host employers [of exchange visitors participating in the Summer Work Travel category will not displace domestic U.S. workers at worksites where they will place program participants.”).

The Department may at times gather information specific to these regulations.  We appreciate all the efforts sponsors have made to ensure compliance with these regulations and federal laws.

We also hope you find a moment this Veterans Day to reflect on those who served, and currently serve, and how they sacrificed for us and this country.

Deputy Assistant Secretary for Private Sector Exchange, Acting
Director, Policy & Program Support