Proposed Program Regulations
March 2, 2023 – InterExchange would like to let you know that the U.S. Department of State has proposed new regulations for the Au Pair Program. Most aspects of the current au pair regulations have been in place for more than 20 years and we are supportive of changes that will modernize and strengthen the program.
InterExchange and other program sponsors have not been given an opportunity to review the actual language of the proposed regulations. However, we can see from the regulatory proposal that the updated Regulations aim to “…clarify and modernize the au pair program" by, among other things:
- addressing the limits on child-care hours
- increasing the educational component
- introducing a new compensation structure
- strengthening the au pair and host family agreement
- strengthening orientation requirements
- outlining the process of re-matching au pairs with new host families
- strengthening other au pair protections
If the proposed regulations move forward to a public comment period, InterExchange will notify families and au pairs. We will also provide information on how to review the proposed regulations and share your feedback.
The Rulemaking Process
On February 10th, 2023 the U.S. Department of State submitted a Notice of Proposed Rulemaking (NPRM) to the Office of Management and Budget (OMB) focused on updating the Au Pair Program Regulations.
OMB has a 90-day window of time to either 1) send the regulations back to DOS for further revision, or 2) publish the full text of the regulations in the Federal Register and allow for a 60-day public comment period.
After the 60-day public comment period closes, the Department of State will begin the process of reviewing the comments and potentially modifying the language of the proposed regulations. Once a “final” draft of the regulations is created, it may have to go back to OMB for an additional review period of up to 90 days. After the review period, the regulations could be published as a final rule with an implementation date in the future, or they could be sent back to the Department of State for further revision.
We look forward to having the opportunity to share our perspective on this valuable program during the public comment period. We especially want to share our belief that the program needs to remain accessible to the broadest range of American families possible.
