Commentary

International visitors work in North Carolina, nationally through J-1 program

If you have traveled to the Outer Banks recently, chances are you have been waited on by an international student. Stores, restaurants, and hotels on the North Carolina coast are increasingly turning to temporary foreign workers to fill customer service and cleaning positions in the summers.

These workers come to North Carolina on what is known as a J-1 visa. The J-1 program was developed to provide a cultural exchange experience for international visitors. Described by the State Department as a “work and student-based exchange visitor program,” the J-1 program attracted 6,927 people to North Carolina in 2014 for a variety of different programs, among them camp counselor, au pair, intern, trainee, and summer work travel. A few of the programs are designed as specific learning opportunities for international visitors, scholars, and students, but others place people into short-term employment.

While some J-1 workers undoubtedly have a positive experience with their host employer, others have found the promised cultural exchange and training to be sadly lacking. Unfortunately, some J-1 workers have experienced exploitative working conditions. Dozens of J-1 workers from Asia and Eastern Europe went on strike in 2011 to protest working conditions at the Hershey packing facility where they were placed. A year later, the Department of Labor settled their complaint against the plant for $213,000 in back wages and $143,000 in safety and health violations.

Au pair workers on J-1 visas recently won an important victory when a federal judge in Colorado allowed their lawsuit against multiple cultural exchange sponsoring agencies to go forward. The workers, typically paid $197.75 per week, allege that the sponsoring agencies illegally conspired to keep wages low and failed to ensure they were paid the minimum wage and overtime. Au pair workers can get in touch with the attorneys conducting this litigation here.

J-1 workers in North Carolina can learn more about their rights through the North Carolina Justice Center’s new J-1 worker factsheet, found here.

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