💼 Working in the Outer Banks: Know Your Rights as a J-1 Exchange Visitor
As a J-1 exchange visitor, you’re not just here to work—you’re here for a cultural exchange experience. Whether you're serving in a restaurant, assisting guests at a hotel, or helping customers in a shop, it’s important to understand your workplace rights, responsibilities, and where to turn if something feels off. This guide will help you feel confident and informed as you begin your work experience in the Outer Banks.
Your Rights as a J-1 Exchange Visitor
J-1 participants have the same workplace rights as U.S. workers, including:
✔ A fair wage – You must be paid at least the federal, state, or local minimum wage (whichever is higher).
✔ Safe working conditions – Your employer must provide a safe and respectful workplace.
✔ No discrimination or harassment – It is illegal to be treated unfairly based on your race, gender, nationality, or religion.
✔ Regular work hours and breaks – You should be informed about your schedule and entitled to breaks depending on how many hours you work.
✔ Access to your passport and documents – Your employer should never keep your personal documents. They belong to you.
📋 Workplace Expectations & U.S. Labor Laws
It’s also important to know what is expected of you in a U.S. workplace. Every job may be different, but here are a few general expectations:
✔ Be on time – Punctuality is highly valued. Always arrive early or on time for your shift.
✔ Wear proper attire – Many employers have dress codes or uniform policies.
✔ Communicate clearly – If you're running late, feeling sick, or unsure about a task, it's always best to speak directly with your supervisor.
✔ Follow rules and procedures – This includes clocking in/out, safety guidelines, and company policies.
Remember: While employers expect professionalism, they also understand you’re here to learn and grow—don’t be afraid to ask questions!
🚨 Resolving Workplace Issues
If you're having trouble at work—such as receiving unfair treatment, unclear pay, or being pressured to work outside your visa conditions—you are not alone, and you have support.
Here’s what you can do:
✔ Speak directly with your supervisor – Sometimes, a simple conversation can clear up a misunderstanding.
✔ Contact your sponsor – Your visa sponsor is your main point of contact for resolving serious concerns. They are required to support you during your program.
✔ Document what’s happening – Keep notes of hours worked, conversations, or anything that feels wrong.
✔ Reach out to support organizations – Groups like OBX ISOP are here to offer guidance and connect you with additional resources.
Helpful Contacts:
U.S. Department of State J-1 Visa Helpline: 1-866-283-9090
Email for Reporting Issues: jvisas@state.gov
Your Sponsor Organization Contact Info – Should be listed on your DS-2019 form.
Contact OBX ISOP
Working in the Outer Banks is a unique experience where you’ll learn new skills, meet people from around the world, and grow both personally and professionally. Understanding your rights and responsibilities ensures you can focus on making the most of your time here.
🌟 You deserve a safe, respectful, and enriching experience—and we’re here to help you make that happen.
❓Frequently Asked Questions (FAQs)
Q: Can my employer take money from my paycheck for housing or uniforms?
A: Only if you agreed to it in writing beforehand. Any deductions must be legal and clearly explained. If you're unsure, ask your sponsor or request a breakdown of your paycheck.
Q: What should I do if I feel uncomfortable or unsafe at work?
A: First, speak to your manager if you feel safe doing so. If not, contact your visa sponsor. You also have the right to report serious concerns to the U.S. Department of State at jvisas@state.gov or 1-866-283-9090.
Q: Can I have more than one job?
A: Yes, but only with permission from your sponsor. Never start a second job without approval, even if the employer is offering you work.
Q: I was promised full-time hours but I’m not getting enough shifts. What can I do?
A: Let your employer know you're available and want more hours. If nothing changes, talk to your sponsor about possible solutions or additional placements.
Q: Can my employer keep my passport or DS-2019 form?
A: No. Your documents belong to you. Your employer may make copies for HR records, but they cannot hold onto your original documents.
Q: What should I do if I don’t understand something my employer asks me to do?
A: It’s always okay to ask for clarification! U.S. employers expect questions if instructions are unclear. Politely ask your manager or a coworker for help.
Q: My employer is asking me to work overtime. Do I have to?
A: Overtime (more than 40 hours per week) must be voluntary and paid at 1.5 times your regular hourly rate. You have the right to say no to extra hours if you don’t want them.
Q: My paycheck is lower than expected. What should I do?
A: First, check if deductions for taxes, uniforms, or housing were taken out. If something seems incorrect, ask your employer for a breakdown of your hours and deductions. If the issue is not resolved, contact your sponsor.
Q: I was promised one type of job but my employer is making me do something completely different. Is this allowed?
A: No. Your job should match what is listed on your DS-2019 form and job offer letter. If you’re being asked to do something outside of your approved role, talk to your sponsor for guidance.
Q: What happens if I lose my job? Can I find another one?
A: If you lose your job, you must notify your sponsor right away. You cannot start a new job without their approval. Your sponsor may be able to help you find another placement.
Q: My manager keeps changing my schedule last minute, and I’m not getting enough hours. What can I do?
A: Try to speak with your manager and explain your availability. If your hours remain inconsistent, let your sponsor know so they can discuss a solution with your employer.
Q: Am I allowed to take time off?
A: J-1 exchange visitors are expected to work the schedule agreed upon in their job offer. If you need time off, ask your employer in advance—but they are not required to approve it.
Q: What if I don’t get along with my manager or coworkers?
A: Workplace conflicts happen, but try to remain professional. If an issue is serious (such as discrimination, harassment, or bullying), report it to your sponsor immediately.
Q: Can I switch jobs if I don’t like my current one?
A: You must get approval from your sponsor before changing jobs. You cannot quit and start working somewhere else without authorization.
Q: My employer is asking me to pay for something I wasn’t expecting. Do I have to?
A: Employers cannot charge you for things that were not agreed upon in your contract. If you're unsure about a charge, ask your sponsor before paying.