Fewer au pairs are coming to the US. Some blame immigration policy.
Key Takeaways
- Au pair arrivals to the U.S. remain below pre-pandemic levels, it has been reported, tightening childcare options for many families.
- The J-1 au pair program is run by the U.S. Department of State, not USCIS, and is governed by specific exchange-visitor rules (22 CFR § 62.31).
- Massachusetts’ 2020 court ruling applying state wage and labor protections to au pairs has significantly increased host-family costs in that state.
- A pending State Department rule proposes higher pay standards, clearer hour limits, and stronger sponsor oversight for au pairs.
- Families and applicants should plan earlier, budget for higher costs, and check local labor laws and consular wait times.
What’s happening
Fewer au pairs are entering the United States, according to host families and program sponsors, and the drop is being felt acutely in regions like Greater Boston. It has been reported that participation has not rebounded to pre-2020 levels, contributing to a tighter childcare market just as many parents return to in-person work. Some families and agencies blame policy and regulatory changes for the slowdown; others point to lingering consular backlogs abroad, higher costs, and shifting interest among potential participants.
The au pair pathway is a cultural exchange category under the J-1 visa, overseen by the U.S. Department of State (DOS). Unlike employment-based visas handled by USCIS (U.S. Citizenship and Immigration Services), J-1 au pairs are placed through DOS-designated sponsors that issue Form DS-2019 for consular visa processing. The current federal program allows up to 45 childcare hours per week, typically over a 12-month stay, with possible extensions.
The policy context
Massachusetts reshaped the program locally with a 2020 state Supreme Judicial Court decision (Capron v. Attorney General) holding that au pairs are covered by the state’s domestic worker and minimum wage laws. That ruling effectively raised weekly compensation and overtime obligations for host families in Massachusetts beyond the long-standing federal program minimum. Sponsors and families say the higher costs have reduced placements in the state.
Separately, DOS has proposed an au pair rule update that would modernize pay and working-condition standards nationwide. While not yet final, the proposal would align compensation more closely with applicable federal, state, or local wage laws, clarify maximum weekly hours, and strengthen sponsor oversight and disclosure requirements. Sponsors allege the anticipated changes, combined with varying state labor rules, could further raise costs and dampen recruitment. Consular appointment backlogs in some countries also persist, it has been reported, creating timing uncertainty for families aiming for specific start dates.
What it means for families and applicants
Families should budget for higher total costs—particularly in states that apply domestic worker and minimum wage laws to au pairs—and verify what credits (for room and board) are legally permitted. Start early: secure a sponsor, obtain the DS-2019, pay the SEVIS fee, and book a J-1 visa interview as soon as possible, since appointment availability can vary widely by consulate. Au pairs should confirm host-state labor rules, expected schedules, and overtime policies in writing, and track the State Department’s rulemaking, which could change pay and hour limits.
Bottom line: the au pair option remains available, but it’s becoming more regulated and, in many places, more expensive. For those navigating the process now, clarity on local labor obligations and early visa planning are essential.
Source: Original Article