Presidential Proclamation Suspends Au Pair Arrivals, BUT…

/Presidential Proclamation Suspends Au Pair Arrivals, BUT…

(last updated October 26, 2021)

**** EFFECTIVE NOVEMBER 8, 2021 ****
**** TRAVEL SUSPENSIONS UPDATED, VACCINATION REQUIREMENT IMPLEMENTED ****

On October 25, 2021 the White House (working in conjunction with the CDC) released a Proclamation to be effective on November 8, 2021 revoking the travel suspensions for Au Pairs from China, Schengen Area, United Kingdom, Ireland, Brazil and South Africa and substituting with a global suspension on Au Pairs (non-citizen non-immigrants) who are not fully vaccinated against COVID-19.  The travel suspension changes only affect Au Pairs arriving to the U.S. on or after November 8, 2021.  Au Pairs currently in the U.S. are not impacted.

The State Department reminds applicants that the rescission of the country-specific Proclamations does not necessarily mean the local U.S. embassy or consulate is able to immediately schedule all affected applicants for visa interviews. Please see the embassy/consulate website for information on what services they are offering at this time and instructions on how to apply for a non-immigrant visa.  Vaccination is not required for visa appointments or approval, only for travel to the U.S.

The CDC’s list of approved COVID-19 vaccines include those authorized by the U.S. FDA and listed for Emergency Use by the World Health Organization (WHO).  Au Pairs are considered “fully vaccinated” 2 weeks (14 days) after an accepted single-dose vaccine or after the second dose of an accepted 2-dose series vaccine.  The CDC specifies acceptable proof of vaccination which must include personal identifiers, name of source issuing, vaccine manufacturer and date(s) of vaccination.

Au Pairs are still required to show proof of negative COVID-19 test result within 3-days of travel.

Only a few of the exemptions to the new suspension could apply to Au Pairs, including:

  • Travelling from a country where availability of vaccination is limited (defined country where less than 10% of the country’s total population has been fully vaccinated or otherwise determined by the CDC, official list yet to be confirmed by CDC)
  • Vaccinations is medically contraindicated, yet to be defined
  • A new “national interest” exemption yet to be defined

Individuals who qualify for a vaccine exemption must agree to comply with applicable public health precautions established by the CDC including testing, mask-wearing, self-quarantine, self-isolation and vaccination within 60 days of arriving into the U.S. (unless medically contraindicated).

We are excited to see the removal of country-wide travel suspensions against Au Pairs from China, Europe, Brazil and South Africa.

—- UPDATE AS OF 9/21/2021 —-

**** UPDATE ON TRAVEL BANS **** 

On September 20, 2021 the White House announced intentions to increase travel options for Au Pairs from United Kingdom, Europe Schengen area, China, South Africa and Brazil travelling to the U.S.  We understand the new travel option exists for vaccinated Au Pairs who also test negative within 3 days of departure.  Details will be shared as clarified approaching the November timeframe.

At this time the exact list of suspended countries impacted is unknown.  We do not know the impacts or expected wait time at embassies for Au Pair visas, if the National Interest Exception will remain in effect for unvaccinated individuals or at all, or if there are any other exemptions.  It is not clear yet which vaccines will be recognized, which tests will be recognized and what rules apply to individuals who were previously infected.

We look forward to returning the Au Pair program to its original global reach!

Temporary Delays Travelling to the U.S.
Five Presidential Proclamations signed by President Trump in 2020 suspended travel to the U.S. from various countries around the world.  In January 2021, President Trump announced lifting some of these travel bans, however, on January 26, 2021 President Biden quickly reinstated them and added an additional ban on South Africa.  Go Au Pair has experienced some success with Au Pairs arriving from travel suspension countries under the National Interest Exception.  Learn more here: Phased Resumption of Routine Visa Services (FAQ)

Country-specific Presidential Proclamation temporary suspensions (travel bans)
Summary of travel suspension proclamations:

  1. China.  Originally effective on February 2, 2020, not lifted by President Trump and still in effect under President Biden.
  2. Schengen Area* (Europe).  Originally effective on March 13, 2020, proposed to be lifted by President Trump but reinstated by President Biden on January 26, 2021.
  3. United Kingdom and Ireland.  Originally effective on March 16, 2020, not lifted by President Trump and still in effect under President Biden.
  4. Brazil.  Originally effective on May 28, 2020, proposed to be lifted by President Trump but reinstated by President Biden on January 26, 2021.
  5. South Africa.  Announced on and effective on January 26, 2021 by President Biden.

*The Schengen Area comprises 26 European states: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland.  

—- UPDATE AS OF 5/27/2021 —-

Au Pairs continue to arrive into the U.S. from our most popular countries:

  • Ecuador
  • Mexico
  • El Salvador
  • Colombia

Embassies worldwide continue to re-open after the expiration of presidential proclamation 10052. Other success from countries with travel suspensions such as South Africa, China, and Brazil are possible under the National Interest Exception.

—- UPDATE AS OF 2/23/2021 —-

Au Pairs continue to arrive into the U.S. from our most popular countries:

  • Ecuador
  • Mexico
  • El Salvador
  • Colombia

Over 65% of our available Au Pairs could join your family within 8 weeks of match.

We anticipate additional countries will open soon and have success from countries with travel suspensions such as China, Brazil and France under the National Interest Exception.

Our families agree… Au Pair child care is the best! Register for free today and start browsing Au Pair profiles.

“After years of stress and frustration, and many different nannies, we decided to look for an au pair. When Veronika arrived on January 2, 2016 our lives were forever changed. We had no idea that a real life Mary Poppins had just arrived!”

Carrie • Host Mom, Au Pair in Excellence Runner-up

“I can honestly say that bringing her to live with us as our au pair has been the best decision we could possibly have made. She has afforded us so many priceless “intangibles” during her time here that I can’t begin to quantify her contributions to our family.”

Jennifer • Host Mom

—- UPDATE AS OF 1/12/2021 —-

Update to Presidential Proclamations extending J visa suspension 
On December 31, 2020 the White House issued updates to Presidential Proclamations 10014 and 10052 extending both Proclamations until March 31, 2021.  Visas will continue to be approved under the National Interest Exception (NIE) in countries where travel suspensions exist.  Visas will continue to be approved under the Preliminary Injunction in countries where embassies have resumed operations and travel to the U.S. is permitted.

Learn more about Au Pair arrival by country: Phased Resumption of Routine Visa Services (FAQ)
Learn more about travel restrictions: Matched Au Pairs Arriving into America (FAQ)

—- UPDATE AS OF 10/12/2020 —-

Preliminary Injunction Issued

On October 1, 2020 a federal judge issued a preliminary injunction against the June 22, 2020 Presidential Proclamation 10052 suspending J1 Visas.  On October 9,2020 the State Department confirmed the scope of the injunction applies to named plaintiffs only.  Go Au Pair is not a named plaintiff, therefore our Au Pairs are still subject to the terms of the proclamation including the National Interest Exception.  The State Department reiterated limitation of routine services provided at Embassies worldwide as they continue the phased re-opening and re-staffing post by post.

Although we are not included in the injunction Go Au Pair is encouraged by the judge’s ruling and confidence that Proclamation 10052 will be overturned.  In the meanwhile, Go Au Pair continues to experience some success with Au Pair arrival under the National Interest Exception and preparing for 2021 arrivals.  We look forward to the removal of travel restrictions and resumption of visa services across the world.

Original Proclamation Suspending new J visas
On June 22, 2020 the White House issued Presidential Proclamation 10052 temporarily suspending NEW J nonimmigrant visas for Au Pairs until December 31, 2020 (recently extended).  This proclamation is a continuation of proclamation 10014, issued on April 22, 2020.
On July 16, 2020, Go Au Pair received guidance from the U.S. Department of State (via the Alliance for International Exchange) clarifying National Interest Exception waivers to the proclamations.  See below for more information or take next steps Next Steps for National Interest Exception Waiver (FAQ).

The temporary suspension means NEW J visas will not be issued to Au Pairs during the suspension period, currently slated to start June 24, 2020 and expire on December 31, 2020 (recently extended).  U.S. Embassies worldwide have suspended routine services in response to proclamation 10014.

The following Au Pairs are delayed in obtaining a visa:

The following Au Pairs are NOT impacted by the new suspension:

  • Au Pairs matched with families still in their home country with approved visas (see options here: Matched Au Pairs Arriving into America (FAQ))
  • Au Pairs currently in the U.S. either in their first year, extension period
  • Au Pairs currently in the U.S. under a COVID-specific, one-time, exceptional extension period
    • 60-day extension
    • Second, 6-mo extension

Some Au Pairs Have Arrived Under the National Interest Exception.

Success with Au Pair Arrival

Au Pairs have arrived from two countries since the J1 visa suspension began  (representing over 100 Au Pairs available now), and three other countries have approved Au Pair J1 visas!  We are closely monitoring the progress of Au Pairs applying in additional countries and encourage families to contact our office for the latest updates.

We are thrilled with the opportunity the National Interest Exception offers to families who depend on Au Pair child care to provide medical care to individuals who have contracted COVID-19, to research COVID-19, or to support a child who requires special care.  Visa approval and travel into America remains ever-changing but we encourage qualifying families to pursue Au Pair arrival this year.

How to Qualify for Au Pair Arrival

We assist Host Families interested in pursuing the National Interest Exception through all three steps of the exceptional process leveraging our recent experience and success.  Families are encouraged to speak with a representative from our office to confirm their qualifications under the National Interest Exception and to understand the current situation unique to the Au Pair’s home country for Embassy Interviews and travel to the U.S.

Step 1: Gather documentation that best explains your situation

Most likely, your Au Pair has one opportunity to present to the Consular Officer at the Embassy the details of your situation and reason for exemption.  And, the Consular Officer is the only person who decides if the visa is granted.  Securing the best documentation to explain your situation is critical and we are here to advise you on presenting the best information to secure a visa approval.

Families pursuing the exception for employment reasons have provided letters from employers detailing job title and responsibilities and confirmation of COVID-19 related medical care or research.  Company-wide communications discussing the COVID-19 situation at the institution and anonymous patient information demonstrating COVID-19 diagnosis have also been successful at demonstrating the exception is met.

Families seeking Au Pair arrival for a child who requires special care have provided documents from medical experts describing the child’s medical issue and a personal letter from the host parents explaining the necessity of the Au Pair to provide care.

Families who join the Go Au Pair Community receive detailed instructions on what types of documents to include and what information should be included in each to best influence a successful outcome,

Step 2: Agree with your Au Pair

Both Family and Au Pair must mutually agree to pursue an Embassy Interview under the National Interest Exception.  The Au Pair must thoroughly understand the supporting documentation gathered in the first step to ensure confidence and accuracy during the interview with the Consulate Officer.

Step 3: Prepare for the Embassy Interview

Our international partners around the world closely monitor the U.S. Embassies in their country.    We regularly communicate and receive updates on embassy openings, interview appointments scheduled, interview appointments cancelled or delayed, visa approvals or denials, paperwork and administrative delays and anything else expected or unexpected happening related to obtaining a J1 Au Pair Visa.  We work hard to manage family expectations on risks in obtaining a visa and around travel to the U.S.  Families who join the Go Au Pair Community have access to updated information by country on the embassy and travel situations.

What is the National Interest Exception?

Section 3 of the Presidential Suspension states “the suspension…shall not apply to… any alien whose entry would be in the national interest as determined by the Secretary of State, he Secretary of Homeland Security, or their respective designees.”

On July 16, 2020 Go Au Pair was provided a copy of a communication from the U.S. Department of State to congressional offices regarding Bureau of Consular Affairs guidance clarifying National Interest Exception waivers to the various Presidential Proclamations.  We currently understand the National Interest Exception to apply to Au Pairs in the following situations:

Childcare services provided for a child with medical issues as diagnosed by a qualified medical professional where the Au Pair possess special skills required to care for a child with a particular need (e.g. medical, special education, sign language).

Childcare services provided for a child whose parents are involved with the provision of medical care to individuals who have contracted COVID-19.

Childcare services provided for a child whose parents are involved with medical research at United States facilities to help the United States combat COVID-19.

Impacts of the Suspension

On June 22, 2020 the White House issued a proclamation temporarily suspending NEW J non-immigrant visas for Au Pairs until December 31, 2020.  This proclamation is a continuation of proclamation 10014, issued on April 22, 2020.

The temporary suspension means NEW J visas will not be issued to Au Pairs during the suspension period, currently slated to start June 24, 2020 and expire on December 31, 2020.  U.S. Embassies worldwide have suspended routine visa services in response to proclamation 10014.

The following Au Pairs are delayed in obtaining a visa:

  • Applying and Available Au Pairs
  • Au Pairs matched with families still in their home country without visas

The following Au Pairs are NOT impacted by the new suspension:

  • Au Pairs matched with families still in their home country with approved visas
  • Au Pairs currently in the U.S. either in their first year, extension period
  • Au Pairs currently in the U.S. under a COVID-specific, one-time, exceptional extension period
    • 60-day extension
    • Second, 6-mo extension

Go Au Pair’s Perspective on the Suspsension

Go Au Pair and the entire cultural exchange community opposes the inclusion of J-1 Exchange Visitor Programs in the proclamation.  We firmly believe in the value the Au Pair Program adds, not only to the U.S. economy through participant spending and enabling American Host Parents to work, but also through the invaluable relationships which positively influence Au Pairs, Parents and Children for the rest of their lives.

Although we cannot predict the future and everything is subject to change, there are a handful of positive possibilities for Au Pairs around the proclamation which will be explored in the upcoming weeks.  First, there is a stated expiration date.  Unlike the travel suspension proclamations which only accounted for time frames for review and continuation, this proclamation has a hard fast expiration date stated.  Secondly, there are set time frames for review and recommendations for modifications (within 30 days of effective date, every 60 days thereafter).  Thirdly, an exemption exists for anyone who is “necessary to facilitate the immediate and continued economic recovery of the United States” which may be broadly defined and is at the discretion of the Secretary of State, Secretary of Labor and Secretary of Homeland Security.  Lastly, there are many opponents to the perspectives in the proclamation and legal actions are possible.

What can Host Families Do?

If you are saddened to see our amazing Au Pair program degraded by perspectives that say Au Pairs are a cheap labor program, here are ways you can make your voice heard:

  1. Sign the Change.org petition to Save J1 Programs
  2. Share your perspective on social media using hashtag #SaveJ1 to unify your voice with others who value the Au Pair Experience
  3. Contact the White House.
    1. https://www.whitehouse.gov/contact/
    2. You have 2,000 characters to state your opinion
  4. Contact your Congressman:
    1. Search by state: https://www.house.gov/representatives
    2. Search by zip code: https://www.house.gov/representatives/find-your-representative
  5. Contact your Senator
    1. Locate by state: https://www.senate.gov/senators/index.htm

We encourage our American Host Families to express their opinions on how the Au Pair Program strengthens the U.S. economy and labor market, especially now, following the coronavirus outbreak.

By |2023-10-23T10:50:02+00:00September 21st, 2020|News|

About the Author:

Devon is the Executive Director of Go Au Pair, working closely with all departments to ensure successful placements for Host Families and Au Pairs.
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