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Regulatory

tax revenues for local economies, and create a ripple effect Again, the J-1 visa program is designed to be a cultural
throughout the local rural economies for other businesses diplomacy program with a seasonal work component. The
to thrive. While it is important to provide opportunities for H-1B visa program is for longer-term, year-round full time
inner-city students, it is equally and, arguably, more import- positions concentrated in high-tech fields. Ski areas and
ant, to emphasize the benefits of ski areas for rural econo- other seasonal businesses do not displace American workers
mies across the country. the way some have alleged employers are doing with the
H-1B visa program. In fact, even with access to J-1 visa
Myth: Employers are abusing the J-1 visa program to avoid students, our ski areas are so strapped for labor, we still
providing health care or higher wages. leave thousands of seasonal positions unfilled. As a result,
Fact: J-1 visa students receive health care through sponsor our ski areas are leaving money on the table due to a critical
agencies or through their home country. Employers lack of labor.
are not obligated to provide health care to American Furthermore, unlike other immigrant visa labor
seasonal workers under existing ACA regulations (i.e., the programs (H-1b, etc.), there are not allegations of serial
“look-back” regulations). Most seasonal employers, includ- abuse of the J-1 visa program—and there are zero allegations
ing ski areas, do not provide health insurance to their of abuse of the program related to the ski industry’s use of
own American workers. Indeed, the ACA allows young the program. And there are no significant challenges with
Americans (including college students) to stay on their J-1 visa students permanently overstaying their visas and not
parents’ health insurance until the age of 26, so employers returning to their home countries.
are not mandated to provide health insurance to college
students working seasonal jobs. Myth: The J-1 visa program is a ripe portal for foreign terror-
The J-1 visa program is vastly different from other ists to obtain legal entry to the US.
foreign visa worker programs, including the controversial Fact: The vast majority of the J-1 student visas come from
H-1B visa that is used by many technology companies. Eastern Europe for summer seasonal businesses in the US,
and the Southern hemisphere for winter seasonal businesses,
including ski areas. Eastern European countries (Romania,
Ukraine, Poland, Hungary, Moldova, and the Baltic nations)
account for 70 percent of J-1 visas in the summer, whereas
Peru, Chile, Argentina, Brazil, New Zealand, and Australia
account for J-1s in the winter. None of these countries are
known for exporting terrorists to the US or elsewhere.
More important, the J-1 visa program has been a
cultural diplomacy program operated through the State
Department for more than 50 years. Foreign students
and American employers strongly embrace the program
because it helps create a unique environment of students
from around the world (providing a fun and interesting
OPEN YOUR DOORS TO THE WORLD component for our ski area guests as well). They improve
their English skills, and they provide very helpful foreign
language skills, particularly for our destination ski resorts
which cater to foreign guests.
Welcome international students to your
community. Whether you are hiring one student
In short, the ski industry’s use of the J-1 visa program is
or 100, CIEE Work & Travel USA can help you eminently defensible, with strong bi-partisan support. Final
screen, recruit, and hire international seasonal proposed regulations from the State Department, as well as the
staff for your business. White House’s eventual action on Trump’s BAHA executive
order, will likely be known by the end of 2017, or sometime
in early 2018. This timing is particularly fortunate for the ski
industry, as it will provide ample opportunity for ski areas to
adjust to the changes to the J-1 visa program, or, if needed,
ciee.org/winterhire
challenge them through Congressional action, or in court.

12 | NSAA JOURNAL | EARLY WINTER 2017