Workandtravel.ie (Work and Travel Ltd trading as www.workandtravel.ie) 12-Month U.S.A. Intern Work Program - Terms & Conditions
Please read the following information thoroughly, and confirm that you have read, understood, and agree to these terms. If you have any doubts or questions on the below, please do not proceed to payment or booking but contact us with any questions you may have.
Work And Travel Ltd is referred to as “WAT”
PRE BOOKING NOTE:
Payment of a deposit and subsequent fees does not constitute acceptance onto the program which is only and can only be given by your U.S Sponsor organisation upon successful completion of the application process in its entirety including and not limited to the submission of all correct documentation and supporting documentation as required by the U.S State Department, Successful Interviews, an approved Internship placement, training plan with all Host Organisation documentation meeting the program requirements in addition to adhering to timelines of WAT and your U.S Sponsor.
WAT/SPONSOR reserves the right to refuse sponsorship to any applicant who WAT/SPONSOR deems does not meet program eligibility requirements or any applicant who WAT/SPONSOR does not deem appropriate to accept in the general interests of the program.
Even upon acceptance onto the program, it does not guarantee you visa approval which is the sole discretion of the adjudicating U.S. Consular Officer at the U.S Embassy, with whom no intervention can be made by your sponsor or WAT on your behalf.
- The Applicant agrees that all the information provided in the application is true to the best of his or her knowledge, and acknowledges that any false or misleading information may lead to the rejection of the application or, if discovered later, to immediate dismissal from the program.
- The Applicant is responsible for considering his or her personal health and safety needs when applying for and participating in the program. If the Applicant suffers from any health or other condition that would create a risk for him or her, or other, while abroad, he or she should not apply.
- The Applicant acknowledges that he or she has been provided with list of various fees associated with being on the 1-Year internship Visa Program. The Applicant agrees to pay all fees in accordance with the procedures outlined by WAT. Depending upon the geographic location and lifestyle of the Applicant while in the U.S., the Applicant acknowledges that his or her monthly living expenses for housing, food, and transportation will likely total between $1000 and $3000 USD, in addition to the program fees noted previously. The Applicant acknowledges that other personal expenses could bring this figure higher. Stipends might not cover the entirety of program and living expenses.
- The Applicant acknowledges that WAT provides access to a mandatory Orientation
- The Applicant is responsible for submitting all requested documentation to WAT within the timeframes required by WAT for timely processing. WAT or your U.S Sponsor cannot be held responsible for any additional costs incurred (including the cost of rebooking or cancelling a flight) by the Applicant due to delays in submitting documentation or delays by the U.S. Embassy in issuing a visa or visa denial.
- The Applicant must pay the local visa fee of $160 to the U.S. Embassy. The Applicant is also responsible for any additional visa fees that might apply at the U.S. Embassy in Dublin, as well as the government SEVIS fee collected as part of the application.
- The Applicant will need to complete an interview with WAT in order to participate in the program. The applicant will also need to complete an interview with their U.S Sponsor before approval can be given for participation, this in addition to the supporting documents required must be given in order for their application to be assessed.
- The Applicant must supply WAT/Sponsor with the name and contact details of next of kin to be contacted in the case of emergency.
- The Applicant must not submit a program application with the intent to work in the U.S. in prohibited positions including; as an au pair, childcare giver, teacher, teaching assistant, camp counselor, in a private household, as a ship or aircraft crew member, as medical staff having patient contact, or in any unskilled position. This list is not exhaustive. For a complete list of unskilled positions, please refer to the Department of State’s list found here: http://www.ecfr.gov/cgi-bin/text
- U.S. SPONSOR will issue a DS-2019 Form if the Applicant meets all relevant program requirements. However, neither WAT/US Sponsor have any control over the decision of the U.S. Embassy in Dublin to issue a J-1 Visa. Should the Applicant be refused a visa at the US Embassy/Consulate, strict cancellation fees will apply.
- The Applicant recognizes that he or she is entering into this Exchange Visitor Program in order to participate as an Intern as delineated in the DS7002, and not simply to engage in labor or work in the United States.
- The Applicant understands that approval of this application in no way guarantees approval of applicant’s internship once in the You’re your U.S Sponsor can only determine the viability of an internship once a signed DS-7002 has been submitted for review.
Participant Responsibilities with Respect to His or Her Internship Visa
- The Participant /University understands and agrees that it is his or her responsibility to locate a suitable internship position prior to application processing in the U.S.
- The position must adhere to U.S. State Department guidelines for the 1-Year Graduate Intern Program as follows:
- Be no longer than 12-months in total duration
- Be related to Participant’s field of study
- Not be in any of the prohibited fields noted below
- Participant must be covered under the Host Organization’s Workers’ Compensation policy (or equivalent) unless the Host Organization is exempt by state law
- Participant agrees to participate in pre-departure orientation with Workandtravel.ie
- Participant agrees to complete the mid-term evaluation and final evaluation as required by your sponsor . Failure to do so will result in withdrawal of sponsorship and risk being unable to avail of future exchange/visa programs with the U.S.
- As per Department of State Requirements, your U.S Sponsor must conduct site visits to Host Organisations that have not previously hired Interns on the 1 Year Graduate/Intern USA Visa Program and that have an annual turnover of less than $3million and fewer than 25 employees.
- In the event that your host organisation falls under this criteria , your application is not considered complete without successful completion of the Host Organisation site visit for which there is a cost of up to $300 which the participant must pay.
- Likewise if your host organisation does meet the Department of State financial criteria but your placement requires a sponsor visit due to problems/ lack of adherence to paper work and evaluation forms, the site visit cost will apply.
- The Participant agrees to provide SPONSOR with the name, location, and full contact details of his or her supervisor for the prospective company immediately upon location of the internship and request a Form DS-7002 template (the U.S. State Department-required documentation of the internship placement) through The SPONSOR.
Note: your internship should not have more than 20% of your time spent on unskilled tasks e.g. general office or admin duties or in the case of Hospitality positions no more than 10% of your time should be given to unskilled tasks. This is to ensure that genuine career development and training is taking place as opposed to unskilled labour.
Training Plan Requirement:
Further, the Participant understands that he or she must submit to Sponsor the Form DS-7002 fully completed and signed by his or her employer. Finally, the participant understands that he or she should not begin the internship before the DS-7002 is approved by Sponsor.
If the proposed internship as outlined on Form DS-7002 and submitted by Participant does not meet program requirements, SPONSOR reserves the right to reject the internship and require that Participant locate another position
If Participant fails to notify SPONSOR of his or her arrival details within 3 working days into the US and to comply with the requests for information including evaluation forms the sponsor reserves the right to withdraw program sponsorship .
Changing Internship Placement:
- WAT/Sponsor cannot guarantee the availability of internship positions once the participant is in the U.S.
- Completion of Form DS-7002 by a host organization does not constitute a binding contract between host organization and Participant.
- Should Participant be let go from his or her internship position at no fault of his or her own, the Participant is authorized to locate a new position.
- WAT/Sponsor are not responsible for any expenses incurred by the Participant if he or she fails to secure an alternative internship.
- WAT/SPONSOR are not responsible for a Participant’s inability to obtain an internship position once in the U.S. Any participant who returns to Ireland as a result of not finding a suitable position in the U.S. does so at his or her discretion and no refund will be given.
- The Participant may only intern at the host organization listed on Form DS-7002 and approved by SPONSOR or any reason a change of host organization becomes necessary, the Participant must contact Sponsor to submit a new DS-7002, and receive written approval from Sponsor before changing internships.
All Placements :
General Program Participant Responsibilities
- The Participant is responsible for reading and carefully considering all materials made available to him or her that relate to safety, health, legal, environmental, political, cultural and religious customs and conditions in the U.S.
- The Participant must take full responsibility in the event that laws, regulations, or customs are broken, regardless of his or her actual knowledge of these laws, regulations, or customs.
- The Participant is required to comply with all SPONSOR program rules, as listed in these program terms and conditions. If the Participant violates any SPONSOR program rules, the SPONSOR reserves the right to revoke his/her legal sponsorship, which will result in the withdrawal or termination of his/her program. A terminated participant also loses his/her legal right to remain in the U.S.
- In addition to reviewing all program materials, the Participant is required to complete a SPONSOR orientation and read the Participant Handbook.
- Casual labor and/or second jobs are not permitted on this visa. Failure to comply with these regulations will result in the Participant’s withdrawal from the program.
- If the actual internship position deviates significantly from the terms set forth in Form DS-7002, or if the internship environment, for whatever reason, proves unsupportive, the Participant should contact SPONSOR directly. If warranted, SPONSOR will endeavor to assist the Participant in finding another position. However, SPONSOR makes no guarantee that it will be able to do so and, furthermore, makes no representation that it will be able to find an internship position for the Participant in the same geographical area, in the same field, or at the same compensation level. The Participant is free to secure an alternative placement in accordance with Internship guidelines as above.
- The Participant agrees not to engage in training in any unskilled or casual labour positions, in positions that require or involve child care or elder care, or in any kind of position that involves patient care or contact.
- Furthermore, Participant also agrees not to engage in training in a position that involves more than 20-percent clerical or menial tasks.
- If the Participant’s original internship program, for whatever reason, ends prior to the end date listed on Form DS-2019, it is the Participant’s responsibility to inform SPONSOR as soon as this is known.
- The participant’s Host Organization must have a Worker’s Compensation policy (or equivalent) in place that will cover the intern during training, unless the Host Organization is exempt by state law.
Mid term and Final Evaluations are required to be completed by the sponsor as per Department of State Regulation. Failure to do so will result in your sponsorship being withdrawn and/or your inability to participate in future exchange programs in the U.S
DS-2019 DUE CARE:
The Participant must exercise due care once in possession of the legal documentation (DS- 2019, DS-7002, J-1 Visa, etc.) for the program. (The DS2019 document must be on your person upon entering the U.S. and all other documents must be held in careful possession during your entire stay.) These documents are difficult to replace and the Participant shall bear the cost of replacing these items if they are lost ($250)
PARTICIPANT BEHAVIOUR – DUE CARE:
- The Participant is responsible for all of his or her acts along with any resulting loss or damage while on the program.
- The Participant agrees to indemnify and hold harmless WAT/Sponsor for damages or loss to any party caused by his or her conduct.
- All travel before, during, and after the program is at the Participant’s own risk.
- Also, if the Participant chooses to operate motorized vehicles, he or she is responsible for obtaining the necessary license, permission, and insurance, and does so at his or her own risk.
Changes to DS2019
Once the Participant has commenced his or her travel to the U.S., WAT/SPONSOR cannot amend the program dates as listed on the DS-2019. It is the Participant’s responsibility to check the program start and end dates prior to traveling to the U.S. to ensure that the dates are correct.
- If during the course of the program the Participant encounters any difficulties with his or her internship, or with safety, health, or housing, the Participant should notify Sponsor as soon as possible by calling Sponsor at the number provided to them in their pre-departure pack and on line.
- In the event of an emergency, the Participant can also reach Sponsor at the above number anytime night or day.
- The Participant is required to comply with all U.S. Government visa and immigration requirements, including the SEVIS requirement as follows:
- a) Confirmation of U.S. home address to Sponsor within 10 days of the DS-2019 program start date.
- b) Notification to Sponsor of any change in U.S. home address within 10 days of the change.
- The Participant understands that he or she is on a cultural exchange program and as such is expected to actively participate in American cultural activities during the program. The Participant agrees to make a good faith effort to seek out and participate in American cultural activities and to interact with American citizens. Depending on timing and location, Sponsor will provide opportunities for the participant to attend networking or other educational events.
- The Participant agrees that he or she will not engage in any activity that would bring the 1-Year Graduate/Internship USA Visa Program or the U.S. Department of State into notoriety or disrepute, including living in substandard or overcrowded housing. The Participant should contact Sponsor for guidance if any proposed activity might cause this result. If the participant engages in such activities, his or her program may be ended prematurely and the participant will be required to return home immediately.
- The Participant understands that he or she is not, under any circumstances, permitted to travel to the Tijuana metropolitan area in Mexico.
- The participant agrees to complete an evaluation at the mid-point and end of the program and to assist Sponsor in securing mid-point and final evaluations by their internship supervisor.
- The participant agrees to return to Ireland and not pursue employment in the U.S. under a different visa type at the end of the 1-Year Graduate USA Visa Program.
CHANGES TO DEPARTURE DATE: should be notified to your sponsor and only occur within the legal time frame of the program.
Participant Responsibilities at the Conclusion of the Program
The Participant agrees that he or she intends to return home upon completion of the program and not to attempt to stay in the U.S.
If the participant applies for a change of status to a labor visa with the U.S. Host Organization, SPONSOR reserves the right to refuse future J-1 visa placements with the U.S. Host Organization.
Visa Overstay : Should the participant not return to their home country as per the terms and conditions of the program they will be reported to Homeland Security. Consequences of an overstay could result in possible detention/ deportation and future denial of entry into the United States under any visa type.
Fees And Refunds
Program Fees are outlined on our website and booking facility and include:
- 12 month Sponsorship on the Intern/ Graduate Visa
- Processing of all documentation including your DS -7002 Training plan from your Host Organisation
- Issuance of your DS2019 and
- Government Sevis Fee of $180
Program fees must be paid in full prior to issuing of DS2019 by US Sponsor
Flight and Insurance must be paid for not later than six weeks prior to departure.
The deposit payments are strictly non-refundable (except where we have refused to accept you onto the program or where you are deemed ineligible).
If you cancel following your DS 2019 being issued ( following full payment of prog fee) a max. 50% cancellation fee will apply and which will only be given in the event of you returning your DS2019 within 10 working days to your sponsor .
In the case of a visa denial, applicant must return the unused original DS-2019 form to IEE’s office and submit proof of the denial from the embassy within 10 business days of the denial. Once your sponsor has received the original DS-2019 form, a refund max of 50% of the program fees will be returned.
NOTE: Refunds will not be issued if the DS-2019 form is not returned or received within 10 business days of denial – No exceptions; in addition, refunds will not be issued if the DS-2019 form is returned/received after the start date listed on the DS form.
In no case will a refund be issued to participants who have received their visa or entered the United States.
Insurance & Fight refunds are subject to airline and underwriter terms and conditions . If you have purchased your approved Insurance policy elsewhere you are advised to check these out. Likewise, if you have booked your own flight elsewhere, WAT have no role to play in changes to your flights/refunds/cancellations
Other Costs You Will /May Need to Allow For:
3rd Party Fees:
- US Embassy Fee of $160 payable to the US Embassy
- Postage /Express Mail where applicable
Rush Applications, extension requests, transfer to different status may carry a fee from the US Sponsor up to $250
DS-2019 Re-issue: Issuance of a new DS-2019 Form to replace a lost or stolen/incorrect dates on a DS-2019 Form will cost (includes regular first class postage;express mail delivery must be paid separately)
Site Visit: In the event that your Sponsor is required to perform a site visit to your host company there is a cost of up to $300 to be paid by you the participant directly to your sponsor.
Flights available through WAT. You can book a one way flight particularly if travelling for up to 13 months
Comprehensive Insurance available through WAT for up to 13 months from €599 or you can submit an alternative policy for approval which must be given before Ds2019 is issued in order for it to correspond to the dates.
Flight Arrival/Departure Dates:
Interns should not finalise travel arrangements before being issued a visa from the U.S. Embassy. Complete arrival information is needed for Sponsor no later than 1 week prior to intern’s arrival (depending on visa issuance). Date of arrival should not be more than one week different from the start date listed on the DS-2019 form. Date of departure cannot be more than 30 days after the end date listed on the DS-2019 form. Interns should fly into the closest airport to the host organization.
Your flight arrival date must not be for more than 1 week prior to the start date on your DS2019. All evidence of flights to be given to WAT/Sponsor in advance of DS2019 papers being issued.
Travel Period Following Internship:
Each intern’s J-1 Visa allows for 30 days of travel at the end of the program (end date listed on the DS-2019 form). If an intern intends to travel while in the U.S., he or she may do so AFTER the program has ended and during this 30-day grace period. After the 30-day grace period, the intern will be required to return to his or her home country. Interns ARE NOT ALLOWED to be on the schedule during this 30-day grace period. IEE highly recommends the intern purchase insurance during the 30 day grace period. If the intern quits the program early or is terminated for any reason their grace period is forfeited and they must return home immediately. The intern is required to send a copy of their flight itinerary demonstrating their intent to depart the United States to IEE within 7 days and complete all outstanding evaluations. The Third Party should participate in assisting the intern to secure airfare and/or any other items required for the intern to depart the United States in a timely manner and provide any assistance to ensure safety, health and welfare to interns who are required to depart the United States. If it is determined that the intern did not leave the country in a timely manner, the intern will be reported to homeland security.
Program participation begins on the day of departure from the participant’s home country and terminates on the day of departure from the U.S. (so long as this occurs within the legal program dates). The maximum length of the internship is 12 months. On this J-1 Visa program, the Participant is permitted to travel within the United States for up to 30 days before the DS start date and up to 30 days after the DS end date (program dates). The exact duration of stay in the U.S. must be confirmed by Participant prior to his or her departure to the U.S. The participant agrees to notify SPONSOR if he or she completes his or her program early and departs the U.S. prior to the end date listed on his or her DS-2019 Form.
Contractual Terms and Other Program-Related Conditions
- The 1-Year Internship Visa Program Application, including this Participant Declaration, is the binding contract between the Participant and Sponsor and WAT LTd its officers and their employees, officers, directors and shareholders
- WAT /Your Sponsor makes no representation or warranty of any kind, expressed or implied, as to the suitability of the program for the Participant, and WAT/ Sponsor disclaims all such warranties to the full extent of the law.
- The conduct of the 1-Year Graduate USA Visa Program is subject to U.S. government approval and may change without notice.
- WAT/Your US Sponsor does not own or operate any entity which provides goods or services for the program, including but not limited to arrangements for or ownership or control over houses, apartments or other lodging facilities; airline, vessel, bus or other transportation companies; food service; or entertainment providers. All such persons and entities are independent contractors and enter into legal relationships directly with the Participant (and not through WAT/US Sponsor). As a result WAT/U.S Sponsor is not responsible for any act or failure to act of any such person or entity, or of any third party. Without limitation, WAT/US Sponsor is not responsible for any injury, loss, or damage to person or property, death, delay or inconvenience in connection with the provision of any goods or services occasioned by or resulting from, but not limited to, acts of God, force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, or the threat thereof, overbooking or downgrading of accommodations, structural or other defective conditions of houses, apartments or other lodging facilities (or in any heating, plumbing, electrical or structural problem therein), mechanical or other failure of airplanes or other means of transportation or for any failure of any transportation mechanism to arrive or depart timely, dangers associated with or bites from domestic or wild animals, pests or insects, sanitation problems, food poisoning disease, epidemics or the threat thereof, lack of, access to or quality of medical care, difficulty in evacuation in case of medical or other emergency, or for any other cause beyond the direct control of WAT/US Sponsor.
- The Participant agrees that any dispute concerning, relating, or referring to the Internship Placement Plan, the 1-Year Graduate USA Visa Program Application, any other literature concerning the program, or the program itself shall be resolved exclusively by binding arbitration according to the existing rules of the American Arbitration Association. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable.
Travel Insurance is mandatory for all participants on the program. Minimum levels of insurance cover are determined by U.S. State Department Regulations and it is a legal requirement of the U.S. Government that Participants have adequate insurance cover for the total duration of their stay in the U.S., including any optional travel. It is the responsibility of the Participant to ensure he or she has the appropriate insurance coverage. Full policy details and options can be obtained by Participant through WAT and as the insured person the Participant must guarantee that he or she complies with the terms and conditions of WAT’s insurance policy and the insurers must be informed of any fact which is likely to influence the Insurers in the acceptance, assessment or continuance of this insurance. Failure to do so may invalidate the insurance leaving the Participant with no right to make a claim. All exchange visitors also may be subject to the requirements of the Affordable Care Act.
Termination/Withdrawal from the Program
SPONSOR reserves the right to dismiss the Participant from the program if, in its best judgment, the Participant is deemed to be a danger to him- or herself or to others, or if his or her conduct is deemed to be detrimental to the program in any way. In the event of such a dismissal, SPONSOR shall not be held responsible for any resulting expenses incurred by the Participant such as airfare, and shall not be required to return any fees paid by the Participant.
Once the Participant has departed for the U.S., he or she will receive no refund should he or she choose to withdraw or terminate his or her program.
The Participant will also receive no refund should SPONSOR find it necessary to withdraw sponsorship after the Participant has departed for the U.S. Also, SPONSOR/WAT are not responsible for the refund of any fees paid to third parties (e.g., the U.S. Embassy, SEVIS, airlines, etc.), regardless of the circumstances.
SPONSOR does not provide housing. The Participant will need to arrange his or her accommodation independently for the program. This will likely require that he or she sign a lease and pay a deposit, which usually amounts to the first and last month’s rent and may include an additional security deposit.
Intern Sponsorship will be terminated in the event of the participant:
- Fails to pursue the activities for which he or she was admitted to the United States;
- Violates the Exchange Visitor Program regulations and/or the sponsor's rules governing the program, if, in the sponsor's opinion, termination is warranted;
- Willfully fails to maintain the insurance coverage required by the Department of State;
- Engage in conduct that could result in a negative impression of the J-1 program or any party associated with the program.
- An intern’s participation in the Exchange Visitor Program is subject to termination when he or she engages in unauthorized employment. Upon establishing such violation, the Department of State shall terminate the intern’s participation in the Exchange Visitor J1 Program.
These are examples and reasons for termination are not limited to this list.
Intern must prove that they have sufficient financial resources to support themselves during their program. In most cases, the Intern and/or their family pay for the initial cost of the program (i.e. Program fees, transportation costs to the U.S., etc.). If the Intern is financially responsible for their finances, they must submit the most recent copy of their bank statement(s) to verify sufficient funds. By signing the financial support confirmation, the Intern or their parents/legal guardian are confirming they will be financially responsible for any return flights home or any other financial emergency the Intern encounters.
All interns in IEE’s J-1 programs are paid during their program by the hotel, resort or business that has agreed to host the intern. This amount will be comparable to that paid to others with similar education and previous work experience. A typical workweek in the United States is 40 hours per week. Any hours scheduled over 40 hours will result in payment of time and a half. There may be times that the intern will work less than 40 hours a week, but not less than 32 hours a week. This will allow them the opportunity to get more acquainted with the community.
The J1 Visa is not to be used as a way to immigrate into the United States.
NOTE: Your Data:
SPONSOR may provide the participant’s contact information to third parties who provide useful services to exchange program participants. Third parties receiving this information will be required to provide the participant with the opportunity to opt out after the first contact.
SPONSOR retains the right, in its sole discretion, to contact participant’s parents, guardian, and/ or emergency contact with regard to health issues or any other matter whatsoever which relates to participant or participant’s program. These rights transcend any and all privacy regulations that may apply.
The Commission for Aviation Regulation (CAR) have confirmed that the program services provided by W&T are not ‘Licensable’ under the 1982, 1995 & 2019 Consumer Protection Legislation.
Our flight inclusive offering does not constitute a package or a linked travel arrangement. Where applicable, your flight booked through W&T is protected under World Travel Centre (WTC) Travel Agents licence number TA388. Please refer to your WTC flight booking documentation for the detailed Flight Only Agency Booking Conditions.