[Federal Register Volume 85, Number 197 (Friday, October 9, 2020)]
[Notices]
[Pages 64213-64214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22454]


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DEPARTMENT OF STATE

[Public Notice 11053]


Exchange Visitor Program--Moratorium on Growth in the Au Pair 
Program

AGENCY: U.S. Department of State.

ACTION: Notice regarding the Au pair category.

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SUMMARY: The U.S. Department of State (Department) is announcing, 
effective immediately, a moratorium on program growth in the Au pair 
category of the Exchange Visitor Program. Specifically, the Department 
will not designate new sponsor organizations or allow program 
expansions for existing sponsors. The moratorium restricts the size of 
the category to calendar year 2019 program participant levels. The 
Department may consider reallocation among existing sponsors of Forms 
DS-2019 from any sponsors who cease to operate in the Au pair category 
while the moratorium is in place.

FOR FURTHER INFORMATION CONTACT: Karen S. Hawkins, Director of the 
Office of Private Sector Exchange Designation, Private Sector Exchange, 
Bureau of Educational and Cultural Affairs, U.S. Department of State, 
SA-4E, 2430 E Street NW, Washington, DC 20372. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: The Au pair category of the Exchange Visitor 
Program allows foreign nationals the opportunity to live with American 
host families and participate directly in their home life. In addition, 
au pairs attend U.S. post-secondary educational institutions, 
participate in cultural activities, and provide childcare services.
    In operation in the United States since 1989, the Au pair program 
supports public diplomacy efforts by fostering beneficial, personal 
ties with foreign

[[Page 64214]]

youth and offering them a positive view of the United States that they 
can then share when they return to their home countries. In calendar 
year 2019, approximately 21,550 au pairs and 15 au pair sponsor 
organizations participated in the Exchange Visitor Program.
    In 2016, the Department initiated a comprehensive review of the Au 
pair category and its regulations (at 22 CFR 62.31). The Department is 
currently monitoring the development of litigation related to the 
category, particularly recent challenges to the federal preemption of 
local law. To ensure that it appropriately addresses these and other 
developments, the Department is continuing its research and augmenting 
its category review. While the Department conducts this review, it will 
allow currently designated sponsors to continue to operate under their 
present designations in accordance with the regulations under 22 CFR 
part 62 and reminds the sponsors of their obligations to comply with 
those regulations.
    Under 22 CFR 62.6 and 62.12 respectively, the Department may, in 
its sole discretion, designate applicants as new exchange visitor 
program sponsors and determine the number of Forms DS-2019 it will 
issue to each sponsor. Consistent with this authority, the Department 
has decided to neither accept nor approve new applications from 
entities seeking Au pair program designation at this time. In addition, 
the Department will not accept or review new or pending expansion 
requests from au pair sponsors in business during the 2019 calendar 
year beyond their actual total participants for that year. At its 
discretion, the Department may decide to reallocate among existing 
sponsors Forms DS-2019 from any sponsors who cease to operate in the Au 
pair program once the moratorium is in effect.
    The Department expects this moratorium to remain in effect while it 
completes the above-referenced review of the program and determines 
next steps, including potential modifications to the program.

Marie Royce,
Assistant Secretary, Bureau of Educational and Cultural Affairs, 
Department of State.
[FR Doc. 2020-22454 Filed 10-8-20; 8:45 am]
BILLING CODE 4710-05-P