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J-1 Au Pair Program: A Labor Program

Although the Au Pair program is advertised as a cultural exchange program, it is a work program. Au pairs find themselves in a vulnerable situation subject to work abuse, including wage theft and harrassment. 

The salary does not correspond to the federal standard wage. The agencies that manage the program and that have been authorized by the US government have been imposing payments below the minimum wage ($ 4.35 per hour instead of $ 7.25). The minimum wage per week, according to the federal minimum wage, amounts to $ 326.25 and not $ 195.75 as they are being advertised on au pair websites. Approximately 90,000 au pairs have sued the sponsoring agencies precisely for this issue. The ongoing case Beltran, et al v. Interexchange, Inc., et al. is still fighting for the au pairs to receive their lawful remuneration and not what the sponsoring agencies decide on their own account.  

Another problem that has arisen is that the au pairs need to pass a psychological exam to ensure that they can take care of children, but the host families are not subject to the same testing in order to make sure that they themselves know what their responsibilities are towards the au pairs. There are host families who opt for the au pair program because the cost is half of what they would pay in day care centers. The program is also attractive to families due to the fact that their children would interact with an au pair in a foreign language. This limits the au pairs from practicing their English, which is an integral component of the program.