TERMS & CONDITIONS: WORK USA WINTER JOBS
WORK USA WINTER JOBS Terms & Conditions
IEP Pty Ltd (‘IEP’) USA programs have developed over many years. Their success is due in large part to the positive relationship among employers, program participants and IEP’s partner organisations. To help us to protect the interests of IEP participants and to safeguard the existence of the program for future students, it is essential that all parties play their roles in a responsible and mutually supportive manner.
The people and organisations that work together to operate Work USA Winter Jobs include:
- IEP: We handle things in Australia before you leave and assist as required once you are in the US.
- IENA: The US J-1 Sponsor who provides your support services during your participation on the program. They must approve all employment and are ultimately responsible for your program participation and welfare whilst you are in the USA.
- Employers: We remind employers of their obligations to Work USA Winter Jobs participants and ask them to treat you fairly and reasonably.
- You: We expect you to act as a responsible employee and program participant and to abide by the program conditions. Therefore we ask you to read the conditions that follow and accept them to confirm you have understood and agreed to them.
The DS-2019 (certificate of eligibility for Exchange Visitor J-1 visa), an integral component of the Work USA Winter Jobs program, imposes three interlinked sets of conditions. These are:
- IEP’s Work USA Winter Jobs program conditions and eligibility requirements
- The J-1 Sponsor (IENA) conditions and regulations
- The US Government Exchange Visitor J-1 Visa and SEVIS requirements.
Details of participants’ responsibilities in relation to these components are contained in the program Terms and Conditions.
Before applying for the Work USA Winter Jobs program, you must accept the following program Terms and Conditions, including the cancellation refund policy. Please read the following very carefully. It refers to conditions that you are agreeing to by making this application. If you have any questions about these Terms and Conditions please contact IEP at 1300 797 702.
Terms and Conditions:
I, being the person applying for the Work USA Winter Jobs program, hereby confirm that I have read and understood the information on the Work USA Winter Jobs (“WUSA”) website www.iep.com.au. I agree that my application and participation in the Work USA Winter Jobs program as operated by IEP shall be governed by the following Terms and Conditions.
Program Fee and Program Conditions
The applicable program fee is payable when I submit my application.
WORKING IN THE USA
I understand that:
- The Work USA Winter Jobs program includes placement in a job prior to my departure to the USA and the job must be approved by the visa sponsor, IENA, before I begin work.
- My employer’s details will be printed on the DS-2019 section 1/line 4.
- If I change jobs before or after arrival in the US I must receive permission to leave the old job and take the new job.
- If I take a secondary job, I may not start work there until I have received permission from IENA and my primary employer.
- I understand that such permission will not unreasonably be withheld by IENA provided I am still in program compliance. IEP will provide information regarding submitting job offers for approval.
- I must honour any contractual commitment to a US employer and must:
- abide by the terms of my contract
- comply with all employer rules and company policies
- behave honestly, courteously and responsibly
SEVIS (Student and Exchange Visitor Information System)
I agree to follow all instructions with regard to SEVIS, specifically:
- I will notify IEP immediately if my planned date of entry to the US changes forwards or backwards. A change in my arrival date may require a change in my DS-2019; if applicable, I will be responsible for the cost for a new DS-2019.
- I will notify IEP immediately if, after applying for the program, my passport details change in any way or I obtain a new passport. My passport number details will be held by IENA and are vital for my ‘initial validation’
- I will enter into the US prior to the expiry of my eligibility to avoid forfeiture of my place on the program.
- I will return the ‘initial validation form to IENA (i.e. provide accurate details of my USA residential address, phone number and e-mail address plus employment data, if applicable) as soon as possible but no later than 10 days after the FROM-date in section 3 of my DS-2019.
- I agree to provide a brief program assessment every 60 days I am in the USA. This includes feedback from both me and my employer at the time. I understand that this is a program requirement.
- In addition, I will inform IENA every time I change my residential address/contact information during the work phase of my program.
- I will purchase a travel insurance policy for the duration of my visa (12 months, or longer if required). I understand that if my travel insurance policy should lapse for any reason my J-1 visa status will be cancelled.
- If I cancel from the program I agree to notify IEP and return the DS-2019 no later than the FROM-date of the DS-2019.
Exchange Visitor J1 Visa
In order to work legally in the United States I must process my DS-2019 once IEP has given it to me to obtain an Exchange Visitor Program J-1 visa through a US consulate within Australia. The US government applies a separate charge for this process and I agree to pay this cost (approximately US$160 plus the SEVIS fee of US$35) and any additional and/or new fees which the US government imposes. I also understand that US government fees are non-refundable even if my visa is denied by the US consulate. Furthermore I understand that:
- My DS-2019 work authorisation is valid for up to a maximum of twelve months indicated by the dates in Section 3 on my DS-2019. In addition I may remain in the USA without work authorisation (as a tourist) up to a 30-days “grace period” after the TO-date in Section 3.
- My J-1 visa cannot be extended.
- Attendance at a pre-departure orientation as specified by IEP is compulsory for all Work USA Winter Jobs participants.
- Participants are responsible for all travel, personal or incidental expenses before, during and after the work commitment.
- It is an IENA program condition, in accordance with the ECA requirement, that all participants hold a return ticket to their home country at the end of their Exchange Visitor Program, prior to their Australian departure date.
- Any problems caused through my deviation from these and other Sponsor instructions are my own responsibility.
- Any false, misleading or withheld information on my Application Form and/or any inappropriate behaviour by myself during my participation on the program that in any way damages or brings into disrepute IEP, IENA or the Work USA Winter Jobs program may be considered grounds for immediate cancellation of my application or further participation on the program without any refund.
- IEP has no control over any delays or changes caused by a third party.
- It can take up to 8 weeks to process my application and up to 10 weeks over public holiday periods. If I am are applying from overseas I will be required to be in Australia for up to 4 weeks for processing.
I understand that if I fail to comply with any of these conditions at any time my DS-2019 work authorisation may be terminated and I may be required by the Sponsor to leave the United States immediately. I have read and agree to abide by the terms of the Participant Agreement above and by the Program Terms and Conditions.
- I must abide by the terms and conditions set by IEP’s relevant overseas host organisation as advised in writing by IEP prior to departure from Australia.
- Travel insurance coverage is mandatory for all participants under the US government visa regulations and I agree to purchase a travel insurance policy for the full duration of the visa (12 months).
- I must take with me evidence of access to at least the minimum funds required by the relevant country and host organisation’s rules.
- I must abide by the terms and conditions set by the individual companies and operators. These include airlines, insurance providers, ground transport operators and accommodation providers. If I am uncertain about these terms and conditions I must contact IEP prior to departure.
- I must advise IEP immediately of any changes to my confirmed travel dates. Additional charges may apply to change overseas bookings or reservations.
- I understand the Work USA Winter Jobs program is open to full time tertiary students or recent graduates who have studied full time and graduated within the last 12 months and I must enter the USA within 12 months of the date that I completed my studies and was eligible to graduate.
- I understand I cannot be accompanied by a spouse or dependents unless they are independently eligible for the Work USA Winter Jobs program.
- I understand I must be 18 years of age or older and a holder of an Australian or New Zealand Passport.
Attendance of Job Interview(s)
- Applicants must attend their Skype interview(s) at the advised time. Exact times of the interview(s) will be provided to the participant by either IEP or the employer.
- Applicants will be asked to nominate employer preferences. It is the responsibility of the applicant to ensure they meet the requirements of all nominated employers, including start dates, season length, age restrictions and previous experience. Start dates, Position Descriptions and employment guidelines are not negotiable and applicants who nominate employers whose requirements they cannot meet will not be eligible for any refund if unsuccessful.
- Applicants should specify at least two positions of interest with each employer, but must be flexible with what type of position they will be willing to accept.
- It is the applicant’s responsibility to ensure they go into their interview prepared and make every effort to secure a job offer from each employer.
- If an applicant is offered a job offer from their first Skype interview IEP do not have to arrange a further interview.
- Applicants who fail to attend their scheduled interview(s) will not be eligible for a refund.
Job Offers and Acceptance
- Upon completion of the job interview, the employer will notify IEP if they wish to offer the applicant a position.
- Job Offers are not guaranteed and it is the applicant’s responsibility to make every effort to secure a job offer during the interview process.
- Applicants who are offered a position but choose to reject it will not be eligible for any refund of the program fee. Such applicants may transfer their entire program fee to an alternate IEP program. No refund will be given for any portion of the program fee.
- Applicants who are unsuccessful in securing a job offer must notify IEP immediately. IEP will then arrange an interview with the applicant’s next employer preference, until all employer options are exhausted.
- Applicants who are unsuccessful in securing a job offer after exhausting all employer options through no fault of their own will be given the option to transfer their program fee to an alternate IEP program or receive a full refund of their IEP program fee. However applicants who have already been issued with their DS-2019 will only be eligible for a partial refund of the program fee. Refunds will be issued at the discretion of IEP and assessed according to each individual’s circumstance.
- Applicants who are unsuccessful in securing a job offer but who do not notify IEP will not be eligible for any refund.
- All employment contract details must be adhered to, including but not limited to, start and finishing dates.
I understand and agree to the following cancellation penalties and conditions
- For cancellations made within seven days of my application being received by IEP Pty Ltd, a $50 cancellation administration fee will apply. (If booked through STA Travel an additional $50 cancellation administration fee will be charged)
- For cancellations made after seven days from the date of my application but before the balance of the programme fee is paid, there will be no refund of the deposit.
- For cancellations made after the programme fee has been paid in full, 50% of the amount of the program fee will be refunded. However, in some circumstance as stated in subsequent clauses in this Cancellation Policy, no refund will be applicable.
- Cancellations made after the request for the DS-2019 has been lodged will not be eligible for a refund. If I withdraw from the program after receiving a DS-2019 I must immediately return this form to IEP Pty Ltd together with my written cancellation. IEP Pty Ltd will then return the DS-2019 to the program sponsor.
- Cancellations made as a result of dissatisfaction with the level of customer service IEP has provided will be eligible for a full refund if concerns and cancellations have been provided in writing within 7 days of initial welcome call.
- Cancellations made within two weeks of departure, or after departure from Australia will not be eligible for a refund.
All applications which result in the applicable visa being declined for whatever reason will be deemed as cancelled and will not be eligible for a refund. Applicants acknowledge that a decline of visa can be attributed but not limited to applicants being previously arrested by police, having criminal convictions (including drink driving), being charged for an offence but not necessarily convicted and having significant medical/mental history/condition. Applicants who are concerned about the likelihood of their visa being declined should consult with IEP Pty Ltd prior to paying the program fee.
- Cancellations and refunds of goods and services which are provided by suppliers other than IEP Pty Ltd (airfares, travel insurance, airport transfers, accommodation, visas etc) will be at the discretion of the relevant suppliers and subject to the conditions set by those suppliers. Details are available from IEP Pty Ltd
- IEP Pty Ltd reserves the right to cancel my application if any of the eligibility and program conditions are not met in full.
All cancellations must be made in writing to IEP Pty Ltd before any refund is approved.
I have read and understood all the program conditions and eligibility requirements, and to the best of my knowledge I am eligible for the relevant visa and program for which I am applying. I further declare that all the statements I have made in my application are true. I recognise that any false declaration on my part may result in consequential expenditure. I agree to abide by all applicable government visa and passport rules and the program rules of IEP and the relevant overseas host organisation.
I understand that IEP is required to screen and select suitable applicants for the Work USA Winter Jobs program and will assess my suitability based on my application and an interview conducted by an IEP representative. I will only be accepted on the Work USA Winter Jobs program after the IEP assessment process has been completed. IEP’s decision is final.
I agree to abide by all US Government visa and passport rules applicable to me and all the Work USA rules of IEP and IENA including those set out in this application form and the program materials provided in Australia by IEP and in the USA by IENA
I understand IEP cannot guarantee the issuance of a visa. I am eligible for the Work USA Winter Jobs program and know of no reason why I may be refused a visa by the US Consulate
I agree to comply with US Government visa application and SEVIS requirements. I understand that if I fail to comply with any program, sponsor or SEVIS conditions or if I behave in any way to bring the J1 program into disrepute, my program status may be terminated and I may be required to leave the USA immediately. Completing the application form means that I have read and accepted these Terms and Conditions.
I also agree and accept that during the course of my programme application I will be providing IEP with personal information which is required for the application process and may also be shared with third party organisations for marketing purposes.