What follows is an abridged copy of the Regulations released by the United States Department of State with regards to Visa participants, and in particular to participants in the Summer Work and Travel Program. Please read through the regulations below or find a link to the full regulations to the right.
- § 62.1 Purpose
- § 62.2 Definitions
- § 62.9 General obligations of sponsors
- § 62.10 Program administration
- § 62.12 Control of Forms DS-2019
- § 62.14 Insurance
- § 62.16 Employment
- § 62.32 Summer work travel
- § 62.40 Termination of program participation
- § 62.41 Change of category
- § 62.42 Transfer of program
- § 62.43 Extension of Program
- § 62.45 Reinstatement to valid program status
- § 62.70 SEVIS reporting requirements
- § 62.74 Student employment
- § 62.75 Extension of program participation
- § 62.76 Transfer procedures
- Appendix E to Part 62-Unskilled Occupations
§ 62.1 Purpose
The regulations set forth in this part implement the Mutual Educational and Cultural Exchange Act of 1961 (the 'Act'), as amended, Public Law 87-256, 22 U.S.C. 2451, et seq. (1988). The purpose of the Act is to increase mutual understanding between the people of the United States and the people of other countries by means of educational and cultural exchanges. Educational and cultural exchanges assist the Department of State in furthering the foreign policy objectives of the United States. These exchanges are defined by section 102 of the Act, 22 U.S.C. 2452, and section 101(a)(15)(J) of the Immigration and Nationality Act, as amended, 8 U.S.C. 1101(a)(15)(J).
The Secretary of State of the Department of State facilitates activities specified in the Act, in part, by designating public and private entities to act as sponsors of the Exchange Visitor Program. Sponsors may act independently or with the assistance of third parties. The purpose of the Program is to provide foreign nationals with opportunities to participate in educational and cultural programs in the United States and return home to share their experiences, and to encourage Americans to participate in educational and cultural programs in other countries. Exchange visitors enter the United States on a J visa. The regulations set forth in this subpart are applicable to all sponsors.
§ 62.2 Definitions
Act means the Mutual Educational and Cultural Exchange Act of 1961, as amended.
Citizen of the United States means:
An individual who is a citizen of the United States or one of its territories or possessions, or who has been lawfully admitted for permanent residence, within the meaning of section 101(a)(20) of the Immigration and Nationality Act; or
A general or limited partnership created or organized under the laws of the United States, or of any state, the District of Columbia, or a territory or possession of the United States, of which a majority of the partners are citizens of the United States; or
A for-profit corporation, association, or other legal entity created or organized under the laws of the United States, or of any state, the District of Columbia, or a territory or possession of the United States, which:
Has its principal place of business in the United States, and
Has its shares or voting interests publicly traded on a U.S. stock exchange; or, if its shares or voting interests are not publicly traded on a U.S. stock exchange, it shall nevertheless be deemed to be a citizen of the United States if a majority of its officers, Board of Directors, and its shareholders or holders of voting interests are citizens of the United States; or
A non-profit corporation, association, or other legal entity created or organized under the laws of the United States, or any state, the District of Columbia, or territory or possession of the United States; and
Which is qualified with the Internal Revenue Service as a tax-exempt organization pursuant to §501(c) of the Internal Revenue Code; and
Which has its principal place of business in the United States; and
In which a majority of its officers and a majority of its Board of Directors or other like body vested with its management are citizens of the United States.
An agency of the United States, or of any state or local government, the District of Columbia, or a territory or possession of the United States.
Clerical means routine administrative work generally performed in an office or office-like setting, such as data entry, filing, typing, mail sorting and distribution, and other general office tasks.
Country of nationality or last legal residence means either the country of which the exchange visitor was a national at the time status as an exchange visitor was acquired or the last foreign country in which the visitor had a legal permanent residence before acquiring status as an exchange visitor.
Cross-cultural activity is an activity designed to promote exposure and interchange between exchange visitors and Americans so as to increase their understanding of each other's society, culture, and institutions.
Department means the Department of State.
Designation means the written authorization given by the Department of State to an exchange visitor program applicant to conduct an exchange visitor program as a sponsor.
Employee means an individual who provides services or labor for an employer for wages or other remuneration but does not mean independent contractors, as defined in 8 CFR 274a.1(j).
Exchange visitor means a foreign national who has been selected by a sponsor to participate in an exchange visitor program and who is seeking to enter or has entered the United States temporarily on a J-1 visa. The term does not include the visitor's immediate family.
Exchange Visitor Program means the international exchange program administered by the Department of State to implement the Act by means of educational and cultural programs. When 'exchange visitor program' is set forth in lower case, it refers to the individual program of a sponsor which has been designated by the Department of State.
Exchange Visitor Program Services means the Department of State staff delegated authority by the Secretary of State to administer the Exchange Visitor Program in compliance with the regulations set forth in this part.
Exchange visitor's government means the government of the country of the exchange visitor's nationality or the country where the exchange visitor has a legal permanent residence.
Financed directly means financed in whole or in part by the United States Government or the exchange visitor's government with funds contributed directly to the exchange visitor in connection with his or her participation in an exchange visitor program.
Financed indirectly means:
Financed by an international organization with funds contributed by either the United States or the exchange visitor's government for use in financing international educational and cultural exchanges, or
Financed by an organization or institution with funds made available by either the United States or the exchange visitor's government for the purpose of furthering international educational and cultural exchange.
Form DS-2019 means a Certificate of Eligibility, a controlled document of the Department of State. Full course of study means enrollment in an academic program of classroom participation and study, and/or doctoral thesis research at an accredited educational institution as follows:
Secondary school students shall satisfy the attendance and course requirements of the state in which the school is located;
College and university students shall register for and complete a full course of study, as defined by the accredited educational institution in which the student is registered, unless exempted in accordance with §62.23(e).
Home-country physical presence requirement means the requirement that an exchange visitor who is within the purview of section 212(e) of the Immigration and Nationality Act (substantially quoted in §62.44) must reside and be physically present in the country of nationality or last legal permanent residence for an aggregate of at least two years following departure from the United States before the exchange visitor is eligible to apply for an immigrant visa or permanent residence, a nonimmigrant H visa as a temporary worker or trainee, or a nonimmigrant L visa as an intracompany transferee, or a nonimmigrant H or L visa as the spouse or minor child of a person who is a temporary worker or trainee or an intracompany transferee.
J visa means a non-immigrant visa issued pursuant to 8 U.S.C. 1101(a)(15)(J). A J-1 visa is issued to the exchange visitor. J-2 visas are issued to the exchange visitor's immediate family.
Reciprocity means the participation of a United States citizen in an educational and cultural program in a foreign country in exchange for the participation of a foreign national in the Exchange Visitor Program. Where used herein, 'reciprocity' shall be interpreted broadly; unless otherwise specified, reciprocity does not require a one-for-one exchange or that exchange visitors be engaged in the same activity. For example, exchange visitors coming to the United States for training in American banking practices and Americans going abroad to teach foreign nationals public administration would be considered a reciprocal exchange, when arranged or facilitated by the same sponsor.
Responsible officer means the employee or officer of a designated sponsor who has been listed with the Department of State as assuming the responsibilities outlined in §62.11. The designation of alternate responsible officers is permitted and encouraged. The responsible officer and alternate responsible officers must be citizens of the United States or persons who have been lawfully admitted for permanent residence.
Secretary of State means the Secretary of State of the Department of State or an employee of the Department of State acting under a delegation of authority from the Secretary of State.
Sponsor means a legal entity designated by the Secretary of State of the State Department to conduct an exchange visitor program.
Staffing/Employment agency means a U.S. business that hires individuals for the express purpose of supplying workers to other businesses. Typically, the other businesses with which workers are placed pay an hourly fee per employee to the Staffing/Employment Agency, of which the worker receives a percentage.
Third party means an entity cooperating with or assisting the sponsor in the conduct of the sponsor's program. Sponsors are required to take all reasonable steps to ensure that third parties know and comply with all applicable provisions of these regulations. Third party actions in the course of providing such assistance or cooperation shall be imputed to the sponsor in evaluating the sponsor's compliance with these regulations.
§ 62.9 General obligations of sponsors
Adherence to Department of State regulations. Sponsors are required to adhere to all regulations set forth in this part.
Legal status. Sponsors shall maintain legal status. A change in a sponsor's legal status (e.g. partnership to corporation) shall require application for designation of the new legal entity.
Accreditation and licensure. Sponsors shall remain in compliance with all local, state, federal, and professional requirements necessary to carry out the activity for which they are designated, including accreditation and licensure, if applicable.
§ 62.10 Program administration
Selection of exchange visitors. Sponsors shall provide a system to screen and select prospective exchange visitors to ensure that they are eligible for program participation, and that:
The program is suitable to the exchange visitor's background, needs, and experience; and
The exchange visitor possesses sufficient proficiency in the English language to participate in his or her program.
Pre-arrival information. Sponsors shall provide exchange visitors with pre-arrival materials including, but not limited to, information on:
The purpose of the Exchange Visitor Program;
Home-country physical presence requirement;
Travel and entry into the United States;
Housing;
Fees payable to the sponsor;
Other costs that the exchange visitor will likely incur (e.g., living expenses) while in the United States;
Health care and insurance; and
Other information which will assist exchange visitors to prepare for their stay in the United States.
Orientation. Sponsors shall offer appropriate orientation for all exchange visitors. Sponsors are encouraged to provide orientation for the exchange visitor's immediate family, especially those who are expected to be in the United States for more than one year. Orientation shall include, but not be limited to, information concerning:
Life and customs in the United States;
Local community resources (e.g., public transportation, medical centers, schools, libraries, recreation centers, and banks), to the extent possible;
Available health care, emergency assistance, and insurance coverage;
A description of the program in which the exchange visitor is participating;
Rules that the exchange visitors are required to follow under the sponsor's program;
Address of the sponsor and the name and telephone number of the responsible officer; and
Address and telephone number of the Exchange Visitor Program Services of the Department of State and a copy of the Exchange Visitor Program brochure outlining the regulations relevant to the exchange visitors.
Form DS-2019. Sponsors shall ensure that only the responsible officer or alternate responsible officers issue Forms DS-2019;
Monitoring of exchange visitors. Sponsors shall monitor, through employees, officers, agents, or third parties, the exchange visitors participating in their programs. Sponsors shall:
Ensure that the activity in which the exchange visitor is engaged is consistent with the category and activity listed on the exchange visitor's Form DS-2019;
Monitor the progress and welfare of the exchange visitor to the extent appropriate for the category; and
Require the exchange visitor to keep the sponsor apprised of his or her address and telephone number, and maintain such information.
Requests by the Department of State. Sponsors shall, to the extent lawfully permitted, furnish to the Department of State within a reasonable time all information, reports, documents, books, files, and other records requested by the Department of State on all matters related to their exchange visitor programs.
Inquiries and investigations. Sponsors shall cooperate with any inquiry or investigation that may be undertaken by the Department of State.
Retention of records. Sponsors shall retain all records related to their exchange visitor program and exchange visitors for a minimum of three years.
§ 62.12 Control of Forms DS-2019
Requests. Submit written requests to the Department of State for a one-year supply of Forms DS-2019, and allow four to six weeks for the distribution of these forms. The Department of State has the discretion to determine the number of Forms DS-2019 to be sent to a sponsor. The Department of State will take into consideration the current size of the program and the projected expansion of the program in the coming 12 months. If requested, the Department of State will consult with the responsible officer prior to determining the number of Forms DS-2019 to be sent to the sponsor. Additional forms may be requested later in the year if needed by the sponsor.
Verification. Prior to issuing Form DS-2019, verify that the exchange visitor:
Is eligible, qualified, and accepted for the program in which he or she will be participating;
Possesses adequate financial resources to complete his or her program; and
Possesses adequate financial resources to support any accompanying dependents.
Issuance of Form DS-2019. Issue the Form DS-2019 only so as to:
Facilitate the entry of a new participant of the exchange visitor program;
Extend the stay of an exchange visitor;
Facilitate program transfer;
Replace a lost or stolen Form DS-2019;
Facilitate entry of an exchange visitor's alien spouse or minor unmarried children into the United States separately;
Facilitate re-entry of an exchange visitor who is traveling outside the United States during the program;
Facilitate a change of category when permitted by the Department of State; and
Update information when significant changes take place in regard to the exchange visitor's program, such as a substantial change in funding or in the location where the program will take place.
Safeguards:
Store Forms DS-2019 securely to prevent unauthorized use;
Prohibit transfer of any blank Form DS-2019 to another sponsor or other person unless authorized in writing (by letter or facsimile) by the Department of State to do so;
Notify the Department of State promptly by telephone (confirmed promptly in writing) or facsimile of the document number of any completed Form DS-2019 that is presumed lost or stolen or any blank Form DS-2019 lost or stolen; and
Forward the completed Form DS-2019 only to an exchange visitor, either directly or via an employee, officer, or agent of the sponsor, or to an individual designated by the exchange visitor.
Accounting:
Maintain a record of all Forms DS-2019 received and/or issued by the sponsor;
Destroy damaged and unusable Form DS-2019 on the sponsor's premises after making a record of such forms (e.g. forms with errors or forms damaged by a printer); and
Request exchange visitors and prospective exchange visitors to return any unused Form DS-2019 sent to them and make a record of Forms DS-2019 which are returned to the sponsor and destroy them on the sponsor's premises.
§ 62.14 Insurance
Sponsors shall require each exchange visitor to have insurance in effect which covers the exchange visitor for sickness or accident during the period of time that an exchange visitor participates in the sponsor's exchange visitor program. Minimum coverage shall provide:
Medical benefits of at least $50,000 per accident or illness;
Repatriation of remains in the amount of $7,500;
Expenses associated with the medical evacuation of the exchange visitor to his or her home country in the amount of $10,000; and
A deductible not to exceed $500 per accident or illness.
An insurance policy secured to fulfill the requirements of this section:
May require a waiting period for pre-existing conditions which is reasonable as determined by current industry standards;
May include provision for co-insurance under the terms of which the exchange visitor may be required to pay up to 25% of the covered benefits per accident or illness; and
Shall not unreasonably exclude coverage for perils inherent to the activities of the exchange program in which the exchange visitor participates.
Federal, state or local government agencies, state colleges and universities, and public community colleges may, if permitted by law, self-insure any or all of the above-required insurance coverage.
At the request of a non-governmental sponsor of an exchange visitor program, and upon a showing that such sponsor has funds readily available and under its control sufficient to meet the requirements of this section, the Department of State may permit the sponsor to self-insure or to accept full financial responsibility for such requirements.
The Department of State, in its sole discretion, may condition its approval of self-insurance or the acceptance of full financial responsibility by the non-governmental sponsor by requiring such sponsor to secure a payment bond in favor of the Department of State guaranteeing the sponsor's obligations hereunder.
An accompanying spouse or dependent of an exchange visitor is required to be covered by insurance in the amounts set forth in paragraph (1) of this section. Sponsors shall inform exchange visitors of this requirement, in writing, in advance of the exchange visitor's arrival in the United States.
An exchange visitor who willfully fails to maintain the insurance coverage set forth above while a participant in an exchange visitor program or who makes a material misrepresentation to the sponsor concerning such coverage shall be deemed to be in violation of these regulations and shall be subject to termination as a participant.
A sponsor shall terminate an exchange visitor's participation in its program if the sponsor determines that the exchange visitor or any accompanying spouse or dependent willfully fails to remain in compliance with this section.[58 FR 15196, Mar. 19, 1993, as amended at 59 FR 34761, July 7, 1994. Redesignated at 64 FR 54539, Oct. 7, 1999]
§ 62.16 Employment
An exchange visitor may receive compensation from the sponsor or the sponsor's appropriate designee for employment when such activities are part of the exchange visitor's program.
An exchange visitor who engages in unauthorized employment shall be deemed to be in violation of his or her program status and is subject to termination as a participant in an exchange visitor program.
The acceptance of employment by an accompanying spouse or minor child of an exchange visitor is governed by Immigration and Naturalization Service regulations.
§ 62.32 Summer work travel
Introduction
These regulations govern program participation in Summer Work Travel programs conducted by Department of State-designated sponsors pursuant to the authority granted the Department of State under Public Law 105-277.
Purpose
The purpose of this program is to provide bona fide foreign students who are enrolled full-time and pursuing studies at accredited post-secondary academic institutions located outside the United States with the opportunity to work and travel in the United States for the shorter of four months or the length of the long break between academic years at the schools they attend ( i.e. , the summer break).
Duration of participation
Summer work travel participants are authorized to participate in the Exchange Visitor Program for up to four months during their official summer breaks. Extensions of program participation are not permitted.
Participant screening and selection
In addition to satisfying the requirements set forth at §62.10(a), sponsors are solely responsible for adequately screening and making the final selection of their program participants and at a minimum must:
Conduct and document interviews with potential participants either in-person or by video-conference;
Ensure that selected applicants have English language skills sufficient to successfully function on a day-to-day basis in their work environments. Sponsors must verify each participant's English language proficiency either through a recognized language test administered by an academic institution or English language school or through the required documented interview; and
Confirm that at the time of application, applicants (including final year students) are enrolled full-time and pursuing studies at accredited post-secondary academic institutions located outside of the United States and have successfully completed at least one semester, or equivalent, of post-secondary academic study.
Participant orientation
In addition to satisfying the requirements set forth at §62.10(b) and (c), sponsors must provide program participants, prior to participants' departures from their home countries, the following information and/or documentation:
A copy of the Department of State's Summer Work Travel Participant Letter;
A copy of the Department of State's Summer Work Travel Program Brochure;
The Department of State's toll-free help line telephone number;
The sponsor's 24/7 immediate contact telephone number;
Information advising participants of their obligation to notify their sponsors when they arrive in the United States and to provide information, within 10 days, of any change in jobs or residences; and
Information concerning any contractual obligations related to participants' acceptance of paid employment in the United States, if employment has been pre-arranged.
Participant placement
Sponsors and foreign entities ( i.e. , overseas agents or partners acting on their behalf) may not pay or otherwise provide any incentive to host employers to accept program participants for job placements. Sponsors must confirm the placements of all Summer Work Travel participants before the participants may start work, at a minimum, by verifying the terms and conditions of such employment and vetting their identified host employers as set forth at §62.32(l)
Sponsors of participants who are nationals of non-Visa Waiver Program countries must:
Ensure that all such participants enter the United States with job placements secured in advance by the sponsors (direct-placement) or by the participants (self-placement);
Fully vet and confirm such placements in advance of placement by, at a minimum, verifying the terms and conditions of such employment and fully vetting their identified host employers as set forth at §62.32(l); and
Enter the participants' host employers, sites of activities, and job titles in SEVIS prior to issuing their Forms DS-2019.
Sponsors of participants who are nationals of Visa Waiver Program countries must:
Ensure that participants who enter the United States without job placements secured in advance are nationals of Visa Waiver Program countries;
Ensure that such participants receive pre-departure information that explains how to seek employment and secure lodging in the United States;
Maintain and provide such participants with a roster of bona fide job listings equal to or greater than the number of participants who entered the United States without pre-arranged and confirmed job placements;
Ensure that such participants have sufficient financial resources to support themselves during their search for employment;
Undertake reasonable efforts to assist any such participant who has not found suitable employment within two weeks of commencing his or her job search; and
Instruct participants of their obligation to notify their sponsors when they obtain job offers.
Participant compensation
Sponsors must inform program participants of Federal Minimum Wage requirements and ensure that at a minimum participants are compensated at the prevailing local wage, which must meet the higher of either the applicable state or the Federal minimum wage requirement, including payment for overtime in accordance with state-specific employment laws.
Monitoring
Sponsors must:
Maintain, at a minimum, a monthly schedule of personal contact with program participants. Such contact may be in-person, by telephone, or via electronic mail and must be properly documented. Sponsors must ensure that issues affecting the participants' health, safety, and welfare identified through such contacts are promptly and appropriately addressed; and
Ensure appropriate assistance is provided to participants on an as-needed basis and that sponsors are available to participants (and host employers) to assist as facilitators, counselors, and information resources.
Internal controls
Sponsors must utilize organization-specific standard operating procedures for training and supervising all organization employees. In addition, sponsors must establish internal controls to ensure that host employers and/or foreign entities comply with the terms of agreements with such third parties involved in the administration of the sponsors' exchange visitor programs, i.e. , affect the core programmatic functions.
Sponsors' use of third parties
If sponsors utilize foreign entities to assist in fulfilling the sponsors' core programmatic functions that may be conducted outside the United States ( i.e. , screening, selection, and orientation), they must obtain written and executed agreements with such third parties. For the purpose of this section, U.S. entities operating outside the United States (or its possessions or territories) are considered foreign entities. These agreements must outline the obligations and full relationship between the sponsors and such third parties on all matters involving the administration of the sponsors' exchange visitor programs;
Written and executed agreements between sponsors and foreign entities acting on their behalf must delineate the respective responsibilities of the sponsors and third parties and include:
Annually updated price lists for Summer Work Travel programs marketed by the foreign entities;
Representations that such foreign entities will not engage in, permit the use of, or otherwise cooperate or contract with other third parties (including staffing or employment agencies or subcontractors) for the purpose of recruiting or outsourcing any core programmatic functions covered by the agreement ( i.e. , screening, selection, and orientation); and
Confirmation that the foreign entities agree not to pay or provide incentives to host employers in the United States to accept program participants for job placements.
- Sponsors may utilize only host employers to assist in fulfilling the sponsors' core programmatic functions that are generally conducted within the United States ( i.e. , orientation and monitoring). Sponsors may not engage third parties other than host employers; and host employers may not engage or subcontract any third parties to assist in fulfilling these functions.
Screening and vetting of foreign entities.
Sponsors must undertake appropriate due diligence in the review of potential overseas agents or partners who assist in fulfilling the sponsors' core programmatic functions that may be conducted outside the United States ( i.e. , screening, selection, and orientation) and must, at a minimum, review the following documentation for each potential overseas agent or partner:
Proof of business licensing and/or registration to enable it to conduct business in the venue(s) where it operates;
Disclosure of any previous bankruptcy and of any pending legal actions;
Written references from three current business associates or partner organizations;
Summary of previous experience conducting J-1 Exchange Visitor Program activities;
Criminal background check reports (including original and English translation) for all owners and officers of the organization; and
A copy of the sponsor-approved advertising materials the overseas agent or partner intends to use to market the sponsor's program (including original and English translation).
Vetting host employers
Sponsors must adequately vet all potential host employers of Summer Work Travel program participants to confirm that the job offers are viable and at a minimum sponsors must:
Make direct contact in person or by telephone with host employers to verify the business owners'/managers' names, telephone numbers, email addresses, street addresses, and professional activities;
Utilize publicly available information ( i.e. , Web sites of Secretaries of States, advertisements, brochures, Web sites, and/or feedback from prior participants) to confirm that all job offers have been made by viable business entities;
Obtain and verify the host employers' Employer Identification Numbers used for tax purposes; and
Verify the Worker's Compensation Insurance Policy or equivalent in each state where a participant will be placed or, if applicable, evidence of that state's exemption from requirement of such coverage.
Host employer obligations
Sponsors must ensure that employers of Summer Work Travel program participants:
Provide participants the number of hours of paid employment per week as identified on the job offer and agreed to when the sponsors vetted the jobs;
Pay those participants eligible for overtime worked in accordance with applicable state or federal law;
Notify sponsors promptly when participants arrive at the work sites to begin their programs; when there are any changes or deviations in the job placements during the participants' programs; when participants are not meeting the requirements of their job placements; or when participants leave their position ahead of their planned departure; and
Contact sponsors immediately in the event of any emergency involving participants or any situation that impacts the welfare of participants.
Reporting requirements
Sponsors must electronically submit the following reports utilizing Department-provided templates:
A Placement Report, on January 31 and July 31 of each year, identifying all Summer Work Travel exchange visitor participants who began an exchange program during the preceding six-month period. The report must include the exchange visitors' names, SEVIS Identification Numbers (or other Department-mandated participant identification numbers), countries of citizenship or legal permanent residence, names of employers, the length of time it took non-pre-placed participants to secure job placements, and other information the Department may deem essential. For participants who change jobs or have multiple jobs during their programs, the report must include all such placements; and
Sponsors are required to maintain current listings of all foreign agents or partners on the Foreign Entity Report by promptly informing the Department of any additions, deletions, or changes to overseas partner information by submitting new versions of the report that reflect all current information. The report must include the names, addresses, and contact information ( i.e. , telephone numbers and email addresses) of all foreign entities that assist the sponsors in fulfilling the provision of core program services, and other information the Department may deem essential. Sponsors may utilize only vetted foreign entities identified in the report to assist in fulfilling the sponsors' core programmatic functions outside the United States.
Program exclusions
U.S. sponsors must not place participants:
In any position in the adult entertainment industry;
In sales positions that require participants to purchase inventory that they must sell in order to support themselves;
In domestic help positions in private homes (e.g., child care, elder care, gardener, chauffeur);
As pedicab or rolling chair drivers or operators;
As operators of vehicles or vessels that carry passengers for hire and/or for which commercial drivers licenses are required;
In any position related to clinical care that involves patient contact; or
In any position that could bring notoriety or disrepute to the Exchange Visitor Program.[76 FR 23183, Apr. 26, 2011]
§ 62.40 Termination of program participation
A sponsor shall terminate an exchange visitor's participation in its program when the exchange visitor:
Fails to pursue the activities for which he or she was admitted to the United States;
Is unable to continue, unless otherwise exempted pursuant to these regulations;
Violates the Exchange Visitor Program regulations and/or the sponsor's rules governing the program, if, in the sponsor's opinion, termination is warranted;
Willfully fails to maintain the insurance coverage required under §62.14 of these regulations; or
An exchange visitor's participation in the Exchange Visitor Program is subject to termination when he or she engages in unauthorized employment. Upon establishing such violation, the Department of State shall terminate the exchange visitor's participation in the Exchange Visitor Program.
§ 62.41 Change of category
The Department of State may, in its discretion, permit an exchange visitor to change his or her category of exchange participation. Any change in category must be clearly consistent with and closely related to the participant's original exchange objective and necessary due to unusual or exceptional circumstances.
A request for change of category along with supporting justification must be submitted to the Department of State by the participant's sponsor. Upon Department of State approval the sponsor shall issue to the exchange visitor a duly executed Form DS-019 reflecting such change of category and provide a notification copy of such form to the Department of State.
Requests for change of category from research scholar to student will be evaluated recognizing the fact that, in some cases, research skills can be substantially enhanced by doctoral study.
An exchange visitor who applies for a change of category pursuant to these regulations is considered to be maintaining lawful status during the pendency of the application.
An exchange visitor who applies for a change of category and who subsequently receives notice from the Department of State that the request has been denied is considered to be maintaining lawful status for an additional period of thirty days from the day of such notice, during which time the exchange visitor is expected to depart the country, or for a period of thirty days from expiration of the exchange visitors' Form DS-2019, whichever is later.
§ 62.42 Transfer of program
Program sponsors may, pursuant to the provisions set forth in this section, permit an exchange visitor to transfer from one designated program to another designated program.
The responsible officer of the program to which the exchange visitor is transferring:
Shall verify the exchange visitor's visa status and program eligibility;
Execute the Form DS-2019; and
Secure the written release of the current sponsor.
Upon return of the completed Form DS-2019, the responsible officer of the program to which the exchange visitor has transferred shall provide:
The exchange visitor his or her copy of the Form DS-2019; and
A notification copy of such form to the Department of State.
§ 62.43 Extension of Program
Responsible officers may extend an exchange visitor's participation in the Exchange Visitor Program up to the limit of the permissible period of participation authorized for his or her specific program category.
A responsible officer extending the program of an exchange visitor shall issue to the exchange visitor a duly executed Form DS-2019 reflecting such extension and provide a notification copy of such form to the Department of State.
The responsible officer seeking a program extension on behalf of an exchange visitor in excess of that authorized for his or her specific category of participation shall:
Adequately document the reasons which justify such extension; and
Secure the prior written approval of the Department of State for such extension.
In addition to individual requests, the Department of State shall entertain requests for groups of similarly situated exchange visitors.
§ 62.45 Reinstatement to valid program status
Definitions. For purpose of this section-
- You means the Responsible Officer or Alternate Responsible Officer;
- Exchange visitor means the person who enters the United States on a J visa in order to participate in an exchange program designated by the Secretary of State of the Department of State.
- Fails or failed maintain valid program status means the status of an exchange visitor who has completed, concluded, ceased, interrupted, graduated from, or otherwise terminated the exchange visitor's participation in the exchange program, or who remains in the United States beyond the end date on the exchange visitor's current Form DS-2019.
- Unauthorized employment means any employment not properly authorized by you or by the Attorney General, i.e. , the Immigration and Naturalization Service, prior to commencement of employment. Unauthorized employment does not include activities that are normally approvable, as described in paragraph (c)(3) of this section. We, our, or us means the office of Exchange Visitor Program Services of the Department of State.
Sponsors are responsible for the effective administration of their exchange visitor programs. These responsibilities include:
Forms DS-2019 shall be used only for authorized purposes. To maintain adequate control of Forms DS-2019, responsible officers or alternate responsible officers shall:
Who is authorized to correct minor or technical infractions of the Exchange Visitor Program regulations?
If the exchange visitor committed a technical or minor infraction of the regulations, you are authorized to correct the exchange visitor's records with respect to such technical or minor infractions of the regulations in this part. Your correction of such an infraction(s) returns the exchange visitor to the status quo ante, i.e., it is as if the infraction never occurred.
You may only correct the exchange visitor's record with respect to a technical or minor infraction of the regulations in this part if the exchange visitor is pursuing or intending to pursue the exchange visitor's original program objective.
You may not correct the exchange visitor's records with respect to a technical or minor infraction of the regulations in this part if the exchange visitor has willfully failed to maintain insurance coverage during the period for which the record is being corrected; if the exchange visitor has engaged in unauthorized employment during that period, as defined in paragraph (a) of this section, of if the exchange visitor was involuntarily suspended or terminated from his or her program during the period.
If the exchange visitor has failed to maintain valid program status because of a substantive violation of the regulations in this part, you must apply to us for reinstatement.
What violations or infractions of the regulations in this part do we consider to be technical or minor ones, and how do you correct the record? We consider the following to be examples of technical or minor infractions which you are authorized to correct:
Failure to extend the Form DS-2019 in a timely manner ( i.e. , prior to the end date on the current Form DS-2019) due to inadvertence or neglect on your part or on the part of the exchange visitor.
Failure on the part of the exchange visitor to conclude a transfer of program prior to the end date on the current Form DS-2019 due to administrative delay or oversight, inadvertence or neglect on your part or on the part of the exchange visitor;
Failure to receive your prior approval and/or an amended Form DS-2019 before accepting an honorarium or other type of payment for engaging in a normally approvable and appropriate activity. Example, a lecture, consultation, or other activity appropriate to the category which is provided by a professor, research scholar, short-term scholar or specialist without prior approval or an amended Form DS-2019 issued prior to the occurrence of the activity.
You correct the record status quo ante by issuing a Form DS-2019 or by writing an authorization letter to reflect the continuity in the program or the permission to engage in the activity that a timely issued document would have reflected.
Forms DS-2019 should be:
Issued to show continued authorized stay without interruption;
Marked in the 'purpose' box with the appropriate purpose ( i.e., extension, transfer, etc.) and with the additional notation of 'correct the record' typed in;
Dated as of the date the Form was actually executed; and,
Submitted to the Department of State in the same way as any other notification.
Letters or other authorization documents should be:
Issued according to the regulations in this part appropriate to the category and the activity;
Marked or annotated to show 'correct the record,'
Dated as of the date the letter or document was actually executed; and,
Attached to the exchange visitor's Form DS-2019 and/or retained in the sponsor's file as required by the regulations in this part for that particular type of letter or document.
How do you determine if an infraction, other than those examples listed above is a technical or minor infraction? It is impossible to list every example of a technical or minor infraction. To guide you in making a determination, you are to examine the following criteria:
Regardless of the reason, has the exchange visitor failed to maintain valid program status for more than 120 calendar days after the end date on the current Form DS-2019?
Has the exchange visitor, by his or her actions, failed to maintain, at all relevant times, his or her original program objective?
Has the exchange visitor willfully failed to comply with our insurance coverage requirements (§62.14)?
Has the exchange visitor engaged in unauthorized employment, as that term is defined in paragraph (a) of this section?
Has the exchange visitor category been involuntarily suspended or terminated from his or her program?
Has an exchange visitor in the student category failed to maintain a full course of study (as defined in §62.2) without prior consultation with you and the exchange visitor's academic advisor?
Has the exchange visitor failed to pay the fee mandated by Public Law 104-208 (the 'CIPRIS' fee)?
If the answer to any of the above questions is 'yes,' then the infraction is not a technical or minor one and you are not authorized to reinstate the exchange visitor to valid program status.
Which violations or infractions do we consider to be substantive ones requiring you to apply to us for reinstatement? The following are substantive violations or infractions of the regulations in this part by the exchange visitor which require you to apply to us for reinstatement to valid program status:
Failure to maintain valid program status for more than 120 days after the end date on the current Form DS-2019;
If a student, failure to maintain a full course of study (as defined in §62.2) without prior consultation with you and the exchange visitor's academic advisor.
Which, if any, violations of the regulations in this part or other conditions preclude reinstatement and will result in a denial if application is made? We will not consider requests for reinstatement (nor should you) when an exchange visitor has:
Knowingly or willfully failed to obtain or maintain the required health insurance (§62.14) at all times while in the United States;
Engaged in unauthorized employment, as that term is defined in paragraph (a) of this section;
Been suspended or terminated from the most recent exchange visitor program;
Failed to maintain valid program status for more than 270 calendar days;
Received a favorable recommendation from the Department of State on an application for waiver of section 212(e) of the Immigration and Nationality Act [8 U.S.C. 1182(e)]; or,
Failed to pay the fee mandated by Public Law 104-208 (the 'CIPRIS' fee.)
What if you cannot determine which category (technical, substantive, or non-reinstatable) the violation or infraction falls within? If you cannot determine which category the violation or condition falls within, then you must, on behalf of the exchange visitor, apply to us for reinstatement.
If you determine that the exchange visitor's violation of the regulations in this part is a substantive one, how do you apply for a reinstatement to valid program status?
If you determine that the violation of the regulations in this part is a substantive one, and that the exchange visitor has failed to maintain valid program status for 120 days or less, you must apply to us for reinstatement of the exchange visitor to valid program status. Your application must include:
All copies of the exchange visitor's Forms DS-2019 issued to date;
A new, completed Form DS-2019, showing in Block 3 the date of the period for which reinstatement is sought, i.e. , the new program end date;
A copy of the receipt showing that the Public Law 104-208 fee has been paid; and,
A written statement (and documentary information supporting such statement):
Declaring that the exchange visitor is pursuing or was at all times intending to pursue the original exchange visitor program activity for which the exchange visitor was admitted to the United States; and,
Showing that the exchange visitor failed to maintain valid program status due to circumstances beyond the control of the exchange visitor, or from administrative delay or oversight, inadvertence, or excusable neglect on your part or the exchange visitor's part; or,
Showing that it would be an unusual hardship to the exchange visitor if we do not grant the reinstatement to valid program status.
If you determine that the violation of the regulations is a substantive one, and that the exchange visitor has failed to maintain valid program status for more than 120 days, then you must apply to us for reinstatement of the exchange visitor to valid program status. Your application must include:
Copies of all the exchange visitor's Forms DS-2019 issued to date;
A new, completed Form DS-2019, showing in Block 3 the date for which reinstatement is sought, i.e. , the new program end date;
A copy of the receipt showing that the Pub. L. 104-208 fee has been paid; and,
A written statement (together with documentary evidence supporting such statement):
Declaring that the exchange visitor is pursuing or was at all times intending to pursue the exchange visitor program activity for which the exchange visitor was admitted to the United States; and,
Showing that the exchange visitor failed to maintain valid program status due to circumstances beyond the control of the exchange visitor, or from administrative delay or oversight, inadvertence, or excusable neglect on your part or the exchange visitor's part; and,
Showing that it would be an unusual hardship to the exchange visitor if we do not grant the reinstatement to valid program status.
How will we notify you of our decision on your request for reinstatement?
If we deny your request for reinstatement, we will notify you by letter.
If we approve your request for reinstatement, we will notify you:
By stamping Box 6 on the new Form DS-2019 to show that reinstatement was granted, effective as of the date on which the application for reinstatement was received by the Exchange Visitor Program Services office; and
By returning the new Form DS-2019 for the exchange visitor.
How long will it take us to act on your request for reinstatement? We will act on your request for reinstatement within forty-five days from the date on which we receive the request and supporting documentation.
Are you required to notify us each time that you correct a record? No special notification is necessary. Submission of the notification copy of Form DS-2019 to the Department of State serves as notice that a record has been corrected. Following the regulations in this part in issuing a letter or document serves as correction in the sponsor's file for those items not normally sent to the Department of State under existing notification procedures.[64 FR 44126, Aug. 13, 1999. Redesignated at 64 FR 54539, Oct. 7, 1999]
§ 62.70 SEVIS reporting requirements
Enrollment and initial use of SEVIS. Sponsors shall apply for enrollment in SEVIS no later than December 16, 2002. Upon notification that they have been successfully enrolled in SEVIS, sponsors shall:
Create a SEVIS record for any program participant seeking visa issuance or for whom an extension, transfer, change of category, or reinstatement request is sought;
Create a SEVIS record to replace a previously issued but lost or stolen copy of a participant's Form IAP-66 or Form DS-2019
Create a SEVIS record if an amendment or change is made in the start or end date of a program participant's program;
Create a SEVIS record for a program participant's accompanying spouse and all accompanying dependent children if a SEVIS record has been created for the participant;
Utilize SEVIS to up-date information on any participant, spouse, or dependent child for whom a SEVIS record has been created; and
No later than August 1, 2003, create a separate SEVIS record for each participant, accompanying spouse and dependent child that will continue to have Exchange Visitor Program participant status after August 1, 2003.
Current U.S. address. Sponsors shall ensure that the actual and current U.S. address of all sponsored participants is reported to SEVIS. Sponsors shall update the actual and current U.S. address information for participants within 21 days of being notified by a participant of a change in his or her address. A sponsor's failure to update the actual and current U.S. address information within 21 days of receipt may be grounds for revocation of their Exchange Visitor Program status. Sponsors shall report a U.S. mailing address, i.e., P.O. box address, in those limited circumstances where mail cannot be delivered to the current and actual U.S. address. If a U.S. mailing address is reported to SEVIS, sponsors shall also maintain a record of the actual and current U.S. address, e.g., dorm, building and room number, for that exchange visitor.
Notification to program participants. Sponsors shall notify all participants in their exchange visitor program and accompanying spouse and dependent children that any change in the U.S. address must be reported to the sponsor within 10 days of such change. Sponsors may direct the participant to provide the notification of change in address in a format acceptable to the sponsor.
Validation of program participation. Sponsors shall within 30 calendar days of a program participant's start date verify that the participant has in fact begun their program participation. Sponsors shall update the participant's SEVIS record and current U.S. address.
§ 62.74 Student employment
Students meeting the definition listed in §62.4(a)(1)(ii) and (iii) may engage in student employment pursuant to §62.23(g).
The responsible officer or alternate responsible officer shall update the exchange visitor's SEVIS record to reflect the details of such employment pursuant to §62.23(g)(1). An update of the SEVIS record constitutes compliance with §62.23(g)(2)(iv).
§ 62.75 Extension of program participation
A sponsor may extend an exchange visitor's participation in the Exchange Visitor Program up to the limit of the permissible period of participation authorized for the specified program category by entering a new end program date and an optional comment-all other information collected on a DS-2019 will be automatically completed by SEVIS.
A sponsor extending the program of an exchange visitor who is not currently listed in the SEVIS database is required to create a record for the exchange participant (and the accompanying spouse and any dependents as a 'continuing exchange visitor'. In creating the exchange visitor's SEVIS record, the sponsor shall issue the exchange visitor (and the accompanying spouse and any dependent children) a duly executed Form DS-2019 reflecting such extension.
When creating a SEVIS record for a 'continuing exchange visitor,' the initial program start date and Form number taken from the non-SEVIS Form IAP-66 or DS-2019 issued to begin new program must be entered in the exchange visitor's SEVIS record.
A responsible officer or alternate responsible officer seeking an extension of program status on behalf of an exchange visitor in excess of the duration of program participation authorized for the specific category shall:
Submit an electronic request to the Department through the real-time interactive mode in SEVIS.
Create a record for the exchange participant (and the accompanying spouse and any dependent children) as a 'continuing exchange visitor' listing the initial program start date and Form number taken from the non-SEVIS Form IAP-66 or DS-2019 issued to begin new program.
Submit written supporting documentation and the required non-reimbursable fee to the Department within 30 calendar days of the SEVIS submission date.
§ 62.76 Transfer procedures
Program sponsors may, pursuant to the provisions set forth in §62.42, permit an exchange visitor to transfer from one designated program to another designated program. Transfers will not extend the maximum duration of participation for the category in which the exchange visitor is currently participating.
Current sponsor and transfer sponsor shall communicate appropriately to ensure an uninterrupted transfer, continuous status of the exchange visitor and proper change of address reporting and shall utilize the provisions of this section to effect such transfer.
SEVIS-to-SEVIS transfer. When both the transfer and current sponsors are enrolled in SEVIS, a transfer is enacted as follows
The nonimmigrant shall notify the current sponsor of the intention to transfer.
Upon verification of the current status and eligibility to transfer by the transfer sponsor, the current sponsor shall update the exchange visitor's record by processing a 'transfer out' in SEVIS. The current sponsor must enter the name and program number of the transfer sponsor and the effective date of transfer. The 'transfer out' process gives the transfer sponsor access to the SEVIS record of the exchange visitor (and accompanying spouse and any dependent children).
The transfer sponsor shall initiate a 'transfer in,' issue a Form DS-2019 for the exchange visitor (an accompanying spouse and any dependent children), and advise the exchange visitor of the effective date of transfer.
The exchange visitor shall report to the transfer sponsor in a manner and at a time specified by the transfer sponsor, and shall provide updated U.S. address information.
The transfer sponsor shall validate the exchange visitor's participation in its program within 30 calendar days of the effective date of transfer and update the exchange visitor's current U.S. address.
Non-SEVIS to SEVIS transfer: When the transfer sponsor is enrolled in SEVIS but the current sponsor is not, the transfer is enacted as follows:
The nonimmigrant shall notify the current sponsor of the intention to transfer.
Upon verification of current status and eligibility to transfer, the transfer sponsor shall create a Form DS-2019 to enact a transfer and will send the Form to the current sponsor to acquire the written release of the exchange visitor by obtaining a signature in Section 8.
Upon receipt of the Form DS-2019 with signature, the transfer sponsor shall record the effective date of transfer; the date, name and title of person who signed the release; the name and program number of the current sponsor. The transfer sponsor shall print a Form DS-2019 for the exchange visitor, and advise the exchange visitor of the effective date of transfer.
The exchange visitor shall report to the transfer sponsor in a manner and at a time specified by the transfer sponsor and shall provide updated U.S. address information.
The transfer sponsor shall validate the exchange visitor's participation in its program within 30 calendar days of the effective date of transfer and update the exchange visitor's current U.S. address.
SEVIS to Non-SEVIS transfer. When the transfer sponsor is not enrolled in SEVIS and the current sponsor is a SEVIS-enrolled sponsor, a transfer is enacted as follows:
The exchange visitor shall notify the current sponsor of the intention to transfer.
Upon verification of current status and eligibility to transfer, the transfer sponsor shall create a non-SEVIS Form DS-2019 and submit it to the transfer sponsor for the release of the exchange visitor by acquiring a signature in Section 8 of the Form.
The transfer is required to update the exchange visitor's SEVIS record by recording the effective date of transfer; name and program number of the transfer sponsor; and, name of the responsible officer/alternate responsible officer of the transfer (non-SEVIS) sponsor requesting the transfer as noted on the four-color, four-page paper Form DS-2019.
The transfer sponsor will provide the exchange visitor with the pink copy of the Form DS-2019 and submit the yellow copy of the form to the Department.
Appendix E to Part 62-Unskilled Occupations
For purposes of 22 CFR 514.22(c)(1), the following are considered to be 'unskilled occupations':
Assemblers
Attendants, Parking Lot
Attendants (Service Workers such as Personal Services Attendants, Amusement and Recreation Service Attendants)
Automobile Service Station Attendants
Bartenders
Bookkeepers
Caretakers
Cashiers
Charworkers and Cleaners
Chauffeurs and Taxicab Drivers
Cleaners, Hotel and Motel
Clerks, General
Clerks, Hotel
Clerks and Checkers, Grocery Stores
Clerk Typist
Cooks, Short Order
Counter and Fountain Workers
Dining Room Attendants
Electric Truck Operators
Elevator Operators
Floorworkers
Groundskeepers
Guards
Helpers, any industry
Hotel Cleaners
Household Domestic Service Workers
Housekeepers
Janitors
Key Punch Operators
Kitchen Workers
Laborers, Common
Laborers, Farm
Laborers, Mine
Loopers and Toppers
Material Handlers
Nurses' Aides and Orderlies
Packers, Markers, Bottlers and Related
Porters
Receptionists
Sailors and Deck Hands
Sales Clerks, General
Sewing Machine Operators and Handstitchers
Stock Room and Warehouse Workers
Streetcar and Bus Conductors
Telephone Operators
Truck Drivers and Tractor Drivers
Typist, Lesser Skilled
Ushers, Recreation and Amusement
Yard Workers