Laws and Your Rights on J-1 Summer Work and Travel: Alcohol, Drugs, Police and Work

A rule you break by accident still counts. The US legal system treats an exchange student like anyone else, and your sponsor can end your program for breaking US law. This page covers the laws that catch students most often, your rights when police are involved, and your rights at work. It sticks to federal law and the State Department’s own program rules. The living hub has the other settling-in guides.

The short version

1. Know that your sponsor can end your program if you break US law.
2. Wait until you are 21 to drink alcohol.
3. Never drive after drinking alcohol.
4. Ask police to tell your consulate if you are arrested.
5. Do not let your sponsor or employer keep your passport.

Why breaking a law can cost you your program

Your sponsor can end the program. Sponsors may terminate an exchange visitor’s program for violating U.S. laws, Exchange Visitor Program regulations or the sponsor’s own rules. Sponsors must also tell participants that those who do not comply with the program rules will be terminated. The State Department’s brochure for participants tells you to understand and abide by the program regulations, US laws and sponsor rules.

Failing to maintain status can also affect your ability to remain in, or return to, the United States.

The drinking age is 21

Federal law does not set the drinking age directly. It uses money. The law requires withholding a share of a state’s highway funds where the purchase or public possession of any alcoholic beverage by a person under twenty-one is lawful. From fiscal year 2012 the amount withheld is 8 percent of the funds apportioned to that noncompliant state. The National Institute on Alcohol Abuse and Alcoholism points to keeping the minimum legal drinking age at 21 as a way to prevent underage drinking problems.

In the US the minimum legal drinking age is 21, so an age of 18 or 20 at home does not carry over. Zero-tolerance laws that outlaw driving after any amount of drinking for people younger than 21 also help prevent problems.

What counts as one drink

A US standard drink holds 0.6 fluid ounces, or 14 grams, of pure alcohol. That is 12 ounces of beer with about 5 percent alcohol. A large cup of beer, an overpoured glass of wine or a single mixed drink may hold much more than one standard drink.

Alcohol across the border

Customs and Border Protection’s duty-free alcohol allowance is written for returning U.S. residents, not for a student arriving for the first time. One American liter (33.8 fl. oz.) may be included in the returning resident personal exemption if you are at least 21 years old, it is for your own use and it does not violate the laws of the state where you arrive. State laws might limit the amount of alcohol you can bring in without a license. Unusual quantities may raise suspicions that you are importing the alcohol for commercial use.

Fake IDs are a federal issue

Federal law, not only state law, covers false IDs. Federal law makes it a crime to produce a false identification document without lawful authority, or to transfer one. The penalty for producing or transferring a false driver’s license or personal ID card can be a fine or up to 15 years in prison. Any other production, transfer or use of an ID document that falls under the law can bring a fine or up to 5 years.

Drug use: marijuana, other drugs and alcohol

Marijuana is a Schedule I drug in federal law. Schedule I is the category of substances found to have a high potential for abuse and no currently accepted medical use in treatment in the United States. Marijuana is a mind-altering psychoactive drug, and the Drug Enforcement Administration’s fact sheet (2025 capture) reports an increasing number of emergency room visits involving marijuana edibles.

Possession is a federal offense. It is unlawful to knowingly or intentionally possess a controlled substance unless it was obtained with a valid prescription. A first offense can be punished with up to 1 year in prison and a fine of at least $1,000.

Drugs also affect your ability to travel. A noncitizen convicted of, or who admits committing the acts of, a violation of any State, US or foreign law relating to a controlled substance is inadmissible. A person determined to be a drug abuser or addict is inadmissible too. Inadmissible noncitizens are ineligible to receive visas and ineligible to be admitted to the United States.

Driving after drinking

NHTSA’s 2025 page states that it is illegal in all 50 states to drive with a blood alcohol concentration (BAC) of .08 or higher, except in Utah, where the limit is .05. Even a small amount of alcohol can affect driving ability. Drivers with a BAC of .08 are approximately 4 times more likely to crash than drivers with a BAC of zero.

Do not try to guess your level. It is very difficult to assess your own BAC or impairment. If you drive while impaired, you could get arrested, or be in a crash that causes serious injury or death. Summer Work Travel rules also bar jobs as operators or drivers of vehicles that need a driver’s license. More on driving.

Your rights when police are involved

The Bill of Rights protects you in these ways:

• The Fourth Amendment protects the right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures.
• Under the Fifth Amendment, no person can be compelled in a criminal case to be a witness against himself.
• In criminal prosecutions, the accused has the right to the Assistance of Counsel for his defense.

Contacting your consulate

Foreign nationals who are arrested or detained must be advised of the option to have the closest consulate or embassy notified. For 58 countries, the consulate or embassy must be notified whatever the foreign national wishes. Consular officials may contact family and help ensure legal representation and medical care. These steps apply to all foreign nationals regardless of immigration status.

If problems arise, your sponsor is there to help you. Your sponsor is responsible for assisting and advising you on all matters regarding your program. Failing to keep your sponsor informed could result in termination of your program status.

Your rights at work

Your rights at work come from labor law and the program rules. Sponsors must inform you of federal, state and local minimum wage requirements and make sure you are paid at least the higher of the applicable minimum wage, overtime included. The federal minimum wage is $7.25 per hour, effective July 24, 2009, on the Department of Labor page as captured in 2026. State minimum wage laws exist too, and employers must comply with both federal and state rules.

You must also be paid overtime in accordance with state or federal law. Sponsors must make good-faith efforts to provide the weekly paid hours stated on your job offer. Orientation must cover employee rights and laws, including workers’ compensation.

Your papers stay with you. Under the 2017 rule, no sponsor or host entity may retain your DS-2019, money, passport, Social Security card, cellphone, flight tickets or other personal property. The exception is a written request from you, with an itemized list.

You may report problems. Students have a right to be treated fairly and to report abuse without retaliation or threat of program cancellation. If you are mistreated or your rights are violated, call the toll-free numbers on the State Department contacts page: the J-1 Visa Emergency Hotline at 1-866-283-9090, the National Human Trafficking Resource Center at 1-888-373-7888, or the Trafficking in Persons and Worker Exploitation Task Force at 1-888-428-7581. In immediate physical danger, call 911. The health and safety page lists every number in one place, and pay and wages explains the minimum wage in detail.