Employer FAQ

Why Choose ERDT?↓

Educational Resource Development Trust (ERDT), a nonprofit charitable educational foundation, was established in 1974, and maintains a high school exchange program, the Work/Travel program, and a number of other language immersion and group programs.

The goal of ERDT is to provide opportunities for people of different cultures to come together to learn about other points of view and ways of life. Our programs provide cultural experiences that foster good will, tolerance, and understanding through a positive people-to-people experience.

ERDT is well-respected in the exchange community specifically for our one-on-one approach to student exchange. We are a medium-sized organization—large enough to provide stability and variety, but small enough to maintain a personal touch.

ERDT is included in the Advisory List published by the Council on Standards for International Educational Travel (CSIET), an independent not-for-profit organization committed to qualify international educational travel. CSIET establishes standards for organizations and monitors compliance with those standards. ERDT has had full listing with CSIET since 1984.

For more information, see About ERDT and the J1 Work & Travel Program

What rules does the U.S. Department of State require that employers of J1 Work & Travel participants follow?↓

Employers must provide participants the number of hours identified on their job offers;

Participants must be paid for overtime worked, in accordance with applicable State or Federal law.

In instances when the employer provides housing or transportation, it must be suitable, acceptable, reliable, affordable, and convenient.

Employers must not allow participants to work or volunteer outside of their program dates.

Employers must not allow participants to work more than 4 hours between 10 pm and 6 am.

Employers must notify sponsors promptly:

When participants arrive at the work sites to begin their programs;
If there are any changes to the job offerss before or during the participants' programs;
If participants are not meeting the requirements of their job placements;
When participants leave their positions;
In the event of any emergency or situation impacting the participants' health, safety, or welfare;

Click here to view a letter from the U.S. Department of State for Host Employers.

How long must the participant work for me?↓

The participant is required to demonstrate that, when they applied for a visa and came to the U.S., it was with the intention to work for the employer listed on their DS-2019 form. So, if you are the participant's first employer, ERDT requires them to work for you for 3 weeks after arrival, to demonstrate this intent.

After this point, according to U.S. Department of State regulations, they may work for any job after receiving permission from ERDT. ERDT is prohibited from forcing or coercing a participant to stay at a job, if they wish to leave. If it is important to you to have the participant stay for a certain length of time, we strongly recommend that you offer an end-of-season bonus.

What jobs are / are not allowed?↓

The employer must hire extra people seasonally, and be able to prove this;
The job must be in an area where students will have opportunities to experience U.S. culture;
Students must be speaking English regularly at their job, either with customers or co-workers;
Students may not work for, or live with, a relative or family friend;
The job must provide an average of 32 or more hours per week;
The business must have Worker's Compensation coverage;
Students may not be hired to work the overnight shift;
Students must earn as much as a U.S. employee in the same position;
If students are working for a staffing company (like a housekeeping company), an employee of that company must be the primary, full-time supervisor;
Students may not work for a traveling fair or itinerant concessionaire (moving food cart, etc);
Students may not work in a domestic position in a private home (child care, elder care, personal assistant, housekeeper, gardener;
Students may not operate a vehicle while at work;
Students may not work in the adult entertainment industry;
Students may not work in piercing, tattooing, massage, manicure, clinical or patient care;
Students may not work in any position requiring a license, including gambling;
Students may not work for a moving company;
Students may not work as a teacher, intern, trainee or camp counselor;
Students may not work in a job where they have to purchase something to sell, or a position that is substantially commission-based and does not guarantee minimum wage;
Students may not work in chemical pest control, warehousing, order distribution centers, agriculture, forestry, fishing/hunting, meat processing, mining/quarrying, oil/gas extraction, construction, manufacturing, shipbreaking; Operating, feeding, setting-up, adjusting, repairing, oiling or cleaning any of the following machines (1) deli slicing machines used for meat, poultry, seafood, bread, vegetables, or cheese (2) meat patty forming machine (3) meat and bone cutting saws, (4) power knives, scissors or shear (5) horizontal rotary washing machines for food, and (6) machines that grind, mix, chop, hash or press, with the exception of portable countertop mixers when used to process materials other than meat or poultry;
Students may not operate a machine with a blade (except in a sandwich shop, for example), or balers; compactors; guillotine shears; in occupations involving exposure to radioactive substances or close proximity to explosives;
Students may not work at worksites that have experienced layoffs in the past 120 days (unless all workers have been hired back) or that have workers on lockout or on strike.

What documents should I use for the participant's I-9 form?↓

The participant's passport & J1 visa, online I-94 information and DS-2019 fulfill item 5 under List A of the “Lists of Acceptable Documents.”

How should the participant's W-4 form be filled out?↓

Check “Single” marital status on line 3 (even if the participant is married or divorced). Claim only 1 withholding allowance on line 5. Do not claim “Exempt” withholding status on line 7.

The participant applied for the Social Security Card, but hasn’t received it yet. Can he/she work?↓

Yes, he/she may work as soon as he/she has successfully applied for the Social Security Card. In the agreement you signed with ERDT, you agreed to this.

When the participant successfully applies, the Social Security Office will hand him/her a letter confirming that they have successfully applied. For more information, view this page on the Social Security Administration website:

http://www.socialsecurity.gov/employer/hiring.htm

For payroll, you can input a dummy number (like 111-11-1111) and then switch to the correct number once the participant provides it.

Do I need to confirm that the participant has a Work Authorization Card or EAD Card? ↓

J-1 Work and Travel Program participants do not need a Work Authorization Card or EAD card due to their special status. In fact, they are not able to get such a card because 1) they are technically in the U.S. as an exchange student and 2) they are only authorized to work for a maximum of 4 months. The following documents together demonstrate that J1 participants are eligible to work: a valid passport & J1 visa, online I-94 information, DS-2019, and either a Social Security card or the letter from the Social Security Office, saying that the Social Security card will be issued soon.

E-Verify says that the participant is not eligible to work. What do I do?↓

E-Verify sometimes gives a “false negative” for J-1 Work and Travel participants, due to their very specific status.

ERDT has spoken with E-Verify about this problem in the past, and they have told us that when an employer signs up to use E-Verify, the employer received instructions (in a binder) on the procedures that the employer is required to follow in the event of a negative result with E-Verify. Please follow these procedures, and keep us informed.

What taxes do J-1 Work & Travel students have to pay?↓

J-1 Work and Travel students must pay Federal, and if applicable, State and Local income taxes.

J-1 Work and Travel students do not need to pay Medicare, Social Security, or Federal Unemployment tax (FUTA or FICA). For more information, view these pages on the IRS website:

IRS Web Page Explaining J1 Students' Exemption from Unemployment Tax

IRS Web Page Explaining J1 Students' Exemption from Social Security and Medicare

May the participant get a 2nd job?↓

Participants may get a 2nd job only after receiving permission from ERDT via this process.

Will I need to provide a W2 to the student?↓

Yes. We strongly recommend you email the W2 as international mail is not always reliable or safe. Emailing a W2 or providing it electronically (via a payroll website, for example) is allowed by the law as long as you obtain written permission from the employee.

The employer must hire extra people seasonally, and be able to prove this;
The job must be in an area where students will have opportunities to experience U.S. culture;
Students must be speaking English regularly at their job, either with customers or co-workers;
Students may not work for, or live with, a relative or family friend;
The job must provide an average of 32 or more hours per week;
The business must have Worker's Compensation coverage;
Students may not be hired to work the overnight shift;
Students must earn as much as a U.S. employee in the same position;
If students are working for a staffing company (like a housekeeping company), an employee of that company must be the primary, full-time supervisor;
Students may not work for a traveling fair or itinerant concessionaire (moving food cart, etc);
Students may not work in a domestic position in a private home (child care, elder care, personal assistant, housekeeper, gardener;
Students may not operate a vehicle while at work;
Students may not work in the adult entertainment industry;
Students may not work in piercing, tattooing, massage, manicure, clinical or patient care;
Students may not work in any position requiring a license, including gambling;
Students may not work for a moving company;
Students may not work as a teacher, intern, trainee or camp counselor;
Students may not work in a job where they have to purchase something to sell, or a position that is substantially commission-based and does not guarantee minimum wage;
Students may not work in chemical pest control, warehousing, order distribution centers, agriculture, forestry, fishing/hunting, meat processing, mining/quarrying, oil/gas extraction, construction, manufacturing, shipbreaking;;
Students may not operate a machine with a blade (except in a sandwich shop, for example), or balers; compactors; guillotine shears; in occupations involving exposure to radioactive substances or close proximity to explosives;
Students may not work at worksites that have experienced layoffs in the past 120 days (unless all workers have been hired back) or that have workers on lockout or on strike.