Questions regarding J-1 Visa Work and Travel Student Program

Q. How much does it cost to enroll and hire international staff?
A. Nothing. There are no program fees to the employer.

Q. When is seasonal international staff available?
A. The students arrive between May and July and can work until September or October. Participants are legally authorized to work for a maximum of 4 months.

Q. Do Work & Travel participants speak English?
A. Yes. The level of English ability ranges from basic to fluent.

Q. How many hours per week can participants work? What if a participant requests overtime?
A. Participants are told that they should expect to work between 35 and 40 hours per week. The amount of hours worked besides that is up to you. Overtime compensation laws differ in each state and these laws apply to our participants. We ask that you give Smart Staff a clear indication of the schedule that participants can expect so that we can present accurate information to them before they arrive.

Q. Do I have to provide housing?
A. While any help finding housing is greatly appreciated, providing housing is not required.

Q. How will the staff I hire get to my business?
A. All Work and Travel USA participants are responsible for their own transportation costs.

Q. Do participants have Social Security Number?
A. Yes. Participants will apply for a Social Security Number when they arrive in the US. They will receive a receipt that shows that they have applied for a Social Security Number. The card should arrive within 6 weeks.

Q. Are international staff exempts from Social Security, Medicare tax and unemployment withholdings?
A. Participants on a J-1 Visa are considered non-resident aliens. They should not have Social Security (FICA), Medicare or federal unemployment (FUTA) taxes withheld. Please consult a tax professional to find out if participants are exempt from state unemployment taxes in your state. For more detailed tax information, please review the IRS's Employer Tax Guide and Publication 515 at www.irs.gov.

Q. Is my international staff exempt from paying taxes?
A. No. All participants are required to pay federal, state and local taxes. While participants are all university students in their home countries, the IRS does not consider them students while they are in the US. For tax purposes, Work and Travel participants are considered non-resident aliens and must file a tax return. Participants are often eligible for a refund at the end of the fiscal year.

Q. Do I have to provide participants with a W-2 form?
A. Yes. W-2 forms should be mailed to participants in their home countries as early as possible. Ask your staff to give you a self-addressed envelope when they are filling out their W-4. This will help ensure you have their correct international address when it is time to send their W-2.

Q. What if a participant is injured on the job?
A. Participants are protected by the same labor laws as US citizens. All job-related injuries are covered by Worker's Compensation. Please refer to your Worker's Compensation insurance policy.

Q. My international staff is exceptional. Can I employ them for a 5th month?
A. No. Smart Staff Work and Travel participants are allowed to work a maximum of 4 months. The program is not extendable under any circumstances. There is a 30-day period at the end of the program during which the participants can stay in the US but this period can be only used for travel. It is illegal for participants to work during the travel period. However, if you need staffing for longer period of time please refer to the All Year Foreign Worker Program H-2B or Career Training Program.

Q. What if I'm not satisfied with my Smart Staff employees?
A. If open discussions with the employee do not make him/her realizes the seriousness of his/her situation than please contact us so we can assist the participant and also your business.

Q. What rules and laws apply to Smart Staff participants?
A. International participants are subject to the same laws and regulations as their US counterparts.