22 CFR Part 62 — Exchange Visitor Program

PART 62—EXCHANGE VISITOR PROGRAM Authority: 8 U.S.C. 1101(a)(15)(J), 1182, 1184, 1258; 22 U.S.C. 1431 et seq.; et seq.; Source: 58 FR 15196, Mar. 19, 1993, unless otherwise noted. Redesignated at 64 FR 54539, Oct. 7, 1999. Editorial Note: Nomenclature changes to part 62 appear at 64 FR 54539, Oct. 7, 1999, and 67 FR 17612, 17613, Apr. 11, 2002. Subpart A—General Provisions § 62.1 Purpose. (a) 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. (b) 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. (c) The Assistant Secretary for Educational and Cultural Affairs of the Department of State may, in his or her sole discretion and to the extent consistent with the authorities described in paragraph (a) of this section and other applicable law, waive or modify any provision of this part with respect to programs that are established pursuant to memoranda of understanding, letters of intent or similar arrangements between the United States and foreign governments. When establishing such a program, the Department will publish a notice in the Federal Register [79 FR 60307, Oct. 6, 2014] § 62.2 Definitions. The following definitions apply to this part: Academic institution. Accompanying spouse and dependents. Accredited academic institution. Act. Actual and current U.S. address. Alternate Responsible Officer. Certificate of Good Standing. Clerical work. Consortium. Country of nationality or last legal permanent residence. Cross-cultural activity. Department of State. Designation. i.e. Employee. Exchange visitor. Exchange Visitor Program. Exchange visitor's government. Financed directly. Form DS-2019, A Certificate of Eligibility for Exchange Visitor (J-Nonimmigrant) Status. Form DS-3036, Exchange Visitor Program Application. Form DS-3037, Update of Information on a Sponsor's Exchange Visitor Program. Form DS-3097, Annual Report. Form DS-7002, Training/Internship Placement Plan (T/IPP). Full course of study. (1) Secondary school students must satisfy the attendance and course requirements of the state in which the school they attend is located; and (2) College and university students must register for and complete a full course of study, as defined by the accredited academic institution in which the student is registered, unless exempted in accordance with § 62.23(e). Graduate medical education or training. Home-country physical presence requirement. Host organization. Internship program. J visa. Management review. Office of Designation. Office of Exchange Coordination and Compliance. Office of Private Sector Exchange Administration. On-the-job training. Prescribed course of study. Reciprocity. Responsible Officer. Secretary of State. SEVIS (Student and Exchange Visitor Information System). Site of activity. Sponsor. Staffing/employment agency. Student internship program. Third party. Training program. United States person (individual). United States Person (legal entity). (1) A general or limited partnership created or organized under the laws of the United States, or of any state, the District of Columbia, or any territory or outlying possession of the United States, of which a majority of the partners are United States persons: (i) Which has its principal place of business in the United States; and (ii) In instances where the partnership is additionally governed by a Board, the majority of whose officers are United States persons. (2) 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 outlying possession of the United States, whose principal place of business is located in the United States, and (i) Whose shares or voting interests are publicly traded on a U.S. stock exchange; or (ii) A majority of whose officers, a majority of whose shareholders, and a majority of whose members of its Board of Directors are United States persons and collectively hold a majority of the shares or stock ( i.e. de jure (3) 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 any territory or outlying possession of the United States; and (i) Whose principal place of business is located in the United States; and (ii) A majority of whose officers and a majority of whose members of its Board of Directors, Board of Trustees or other like body vested with its management are United States persons; or (4) An accredited college, university, or other post-secondary academic institution in the United States created or organized under the laws of the United States, or of any state, county, municipality, or other political subdivision thereof, the District of Columbia, or of any territory or outlying possession of the United States; or (5) An agency of the United States, or of any state or local government, the District of Columbia, or any territory or outlying possession of the United States. Validation. [79 FR 60307, Oct. 6, 2014] § 62.3 Sponsor eligibility. (a) The following types of entities are eligible to apply for designation as a sponsor of an exchange visitor program: (1) U.S. local, state, and federal government agencies to include the District of Columbia; and government agencies of any U.S. territories and outlying possessions; (2) International agencies or organizations of which the United States is a member and that have an office in the United States; or (3) Reputable organizations that are United States Persons. (b) To be eligible for designation as a sponsor, an entity is required to: (1) Demonstrate, to the Department of State's satisfaction, its ability to comply and remain in continual compliance with all applicable provisions of this part; (2) Meet at all times its financial obligations and responsibilities attendant to successful sponsorship of its exchange visitor program; and (3) Demonstrate that the organization or its proposed Responsible Officer has no fewer than three years' experience in international exchange. [79 FR 60307, Oct. 6, 2014] § 62.4 Categories of participant eligibility. Sponsors select foreign nationals to participate in exchange visitor program(s) in the United States. Participation is limited to foreign nationals who meet the following criteria for each of the following categories: (a) Student. (1) Studying in the United States and: (i) Pursuing a full course of study at a secondary accredited academic institution; (ii) Pursuing a full course of study leading to or culminating in the award of a U.S. degree from a post-secondary accredited academic institution; or (iii) Engaged full-time in a prescribed course of study of up to 24 months (non-degree) duration conducted by: (A) A post-secondary accredited academic institution; or (B) An institute approved by or acceptable to the post-secondary accredited academic institution, where the student is to be enrolled upon completion of the non-degree program; (2) Engaged in academic training as permitted in § 62.23(f); (3) Engaged in English language training at: (i) A post-secondary accredited academic institution, or (ii) An institute approved by or acceptable to the post-secondary accredited academic institution where the college or university student is to be enrolled upon completion of the language training; or (4) Engaged full-time in a student internship program conducted by a post-secondary accredited academic institution. (b) Short-term scholar. (c) Trainee. (1) A degree or professional certificate from a foreign ministerially-recognized post-secondary academic institution and at least one year of prior related work experience in his or her occupational field acquired outside the United States; or (2) Five years of work experience in his or her occupational field acquired outside the United States. (d) Teacher. (e) Professor. (f) Research scholar. (g) Specialist. (h) Other person of similar description. (1) Alien physician. (2) International visitor. (3) Government visitor. (4) Camp counselor. (5) Au pair. (6) Summer Work and Travel. (7) Intern. A (i) Is currently enrolled full-time in and actively pursuing studies at a foreign ministerially-recognized degree- or certificate-granting post-secondary academic institution outside the United States, or (ii) Graduated from such an institution no more than 12 months prior to the exchange visitor program begin date reflected on Form DS-2019. [79 FR 60307, Oct. 6, 2014] § 62.5 Designation application procedure. (a) An entity meeting the eligibility requirements set forth in § 62.3 may apply to the Department of State for designation as an Exchange Visitor Program sponsor. An applicant must first complete and submit Form DS-3036 in SEVIS. The complete application must consist of: (1) A completed copy of Form DS-3036 signed by the applicant's Chief Executive Officer, President, or other executive with legal authority to make commitments on behalf of the sponsor (as identified in the organization's governing documents); (2) Required supporting documentation and certifications as set forth in paragraph (c); and (3) Confirmation of payment of the required non-refundable application fee through pay.gov as set forth in § 62.17. (b) A complete application must set forth, in detail, the applicant's proposed exchange program activity and must demonstrate, to the Department of State's satisfaction, the applicant's ability to comply and remain in continual compliance with all the provisions of this part, and, in particular, to meet the sponsor eligibility requirements set forth in § 62.3 and the general obligations of sponsors set forth in § 62.9. (c) An application must be accompanied by the following supporting documentation and certifications, as relevant: (1) Evidence of sponsor eligibility as set forth in § 62.3(a), including evidence of legal status (e.g., charter, proof of incorporation, by laws, partnership agreement); (2) Evidence of experience in operating a successful business, including a minimum of three years of experience in international exchange by the organization or by the proposed Responsible Officer; (3) Evidence of the applicant's ability to meet at all times its financial obligations and responsibilities attendant to successful sponsorship of its exchange visitor program, and evidence that it can comply with § 62.9(e) and provide any supplemental or explanatory financial information the Department of State may request. In addition: (i) An established entity must present a current audit report with audit notes prepared by an independent certified public accounting firm. (ii) A newly formed entity must present a compilation ( i.e. (4) A current Certificate of Good Standing (see § 62.2); (5) An Employer Identification Number (EIN), which specifies the date of issuance; (6) Evidence of current accreditation if the applicant is a secondary or post-secondary academic institution; (7) Evidence of current licensure, if required by local, state, or federal law, to carry out the activity for which the applicant is seeking designation; (8) A statement signed by the Chief Executive Officer, President, or other executive with legal authority to make commitments on behalf of the sponsor (as identified in the organization's governing documents), certifying that: (i) The applicant is a United States Person as defined in § 62.2; (ii) The proposed Responsible Officer and all proposed Alternate Responsible Officers are United States citizens or lawful permanent residents of the United States; (iii) The sponsor has completed a criminal background check on the potential Responsible Officer and all Alternate Responsible Officers, and has determined their suitability for these positions; the criminal background checks must be no older than four years at any time for re-designated sponsors and must be newly conducted as part of the designation application for new sponsors and the redesignation application for sponsors designated for only one year; and (iv) The Responsible Officer will be provided sufficient staff and resources to fulfill his or her duties and obligations on behalf of the applicant; (9) A completed SEVIS-generated Citizenship Certification for the proposed Responsible Officer and all proposed Alternate Responsible Officer(s) along with evidence that they are citizens of the United States or lawful permanent residents (e.g., copy of passport, birth certificate, green card); and (10) Such additional information or documentation that the Department of State may deem necessary to evaluate the application. In addition, the Department may decide, in its discretion, to conduct a pre-designation site visit of a first-time applicant. [79 FR 60307, Oct. 6, 2014] § 62.6 Designation. (a) Upon its favorable determination that an applicant meets all statutory and regulatory requirements, the Department of State may, in its sole discretion, designate the applicant as an Exchange Visitor Program sponsor. (b) Initial designations are effective for one or two years at the sole discretion of the Department of State. (c) Designation will confer upon a sponsor the authority to engage in one or more activities specified in § 62.4. A sponsor may engage only in the activity or activities specifically authorized in its written letter of designation. (d) The Department of State may, in its sole discretion, require a sponsor to secure a payment bond in favor of the Department of State guaranteeing the sponsor's obligations hereunder. (e) Designations are not transferable or assignable. [79 FR 60307, Oct. 6, 2014] § 62.7 Redesignation. (a) Sponsors must file for redesignation no more than six months and no fewer than three months before the designation expiration date as set forth in the sponsor's letter of designation or its most recent letter of redesignation. (b) A sponsor seeking redesignation as an Exchange Visitor Program sponsor must first complete and submit Form DS-3036 in SEVIS. The complete application must consist of: (1) A completed copy of Form DS-3036, signed by the sponsor's Chief Financial Officer, President or other executive with legal authority to make commitments on behalf of the sponsor (as identified in the organization's governing documents); (2) Required supporting documentation and certifications as set forth in paragraph (c); and (3) Confirmation of payment of the required non-refundable application fee through pay.gov as set forth in § 62.17. (c) The complete application must include the following supporting documentation and certifications: (1) A copy of the most recent year-end financial statements; (2) A copy of the most recent letter of accreditation if the sponsor is a secondary or post-secondary academic institution; (3) A list of the names, addresses and citizenship or legal permanent resident status of the current members of its Board of Directors or the Board of Trustees or other like body, vested with the management of the organization or partnership, and/or the percentage of stocks/shares held, as applicable; (4) For a non-profit organization, a signed copy of the sponsor's most recent Form 990 filed with the Internal Revenue Service; (5) A statement signed by the Chief Executive Officer, President, or other executive with legal authority to make commitments on behalf of the sponsor (as identified in the organization's governing documents) certifying that the sponsor has completed timely criminal background checks since the date of the last designation or redesignation letter on the Responsible Officer and all Alternate Responsible Officers and has determined their suitability for these positions; and (6) Such additional information or documentation that the Department of State may deem necessary to evaluate the application. (d) Upon its favorable determination that a sponsor meets all statutory and regulatory requirements, the Department of State may, in its sole discretion, redesignate the organization as an Exchange Visitor Program sponsor for one or two years. A sponsor seeking re-designation may continue to operate its program(s) until such time as the Department of State notifies it of a decision to approve, amend or terminate its designation. [79 FR 60307, Oct. 6, 2014] § 62.8 General program requirements. (a) Size of program. (b) Minimum duration of program. (c) Reciprocity. (d) Cross-cultural activities. (1) Offer or make available to exchange visitors and the accompanying spouses and dependents, if any, a variety of appropriate cross-cultural activities. The extent and type of the cross-cultural activities will be determined by the needs and interests of the particular category of exchange visitor. Sponsors will be responsible for determining the appropriate types and numbers of such cross-cultural programs, unless otherwise specified by the Department. The Department of State encourages sponsors to give their exchange visitors the broadest exposure to American society, culture and institutions; and (2) Encourage exchange visitors to participate voluntarily in activities that are for the purpose of sharing the language, culture, or history of their home country with Americans, provided such activities do not delay the completion of the exchange visitors' program. [79 FR 60307, Oct. 6, 2014] § 62.9 General obligations of sponsors. (a) Adherence to Department of State regulations. (b) Legal status. (c) Accreditation and licensure. (d) Representations and disclosures. (1) Provide accurate, complete, and timely information, to the extent lawfully permitted, to the Department of State and the Department of Homeland Security regarding their exchange visitor program(s), exchange visitors, and accompanying spouses and dependents (if any); (2) Provide accurate information to the public when advertising their exchange visitor program(s) or responding to public inquiries; (3) Provide accurate program information and materials to prospective exchange visitors, host organizations, and host employers, if applicable, at the time of recruitment and before exchange visitors enter into agreements and/or pay non-refundable fees. This information must clearly explain program activities and terms and conditions of program, including the terms and conditions of any employment activities (job duties, number of work hours, wages and compensation, and any typical deductions for housing and transportation), have itemized list of all fees charged to the exchange visitor ( i.e. (4) Not use the program number(s) assigned by the Department of State at the time of designation on any advertising materials or publications, including sponsor Web sites; and (5) Not represent that its exchange visitor program is endorsed, sponsored, or supported by the Department of State or the U.S. Government, except for U.S. Government sponsors or exchange visitor programs financed directly by the U.S. Government to promote international educational exchanges. A sponsor may, however, represent that it is designated by the Department of State as a sponsor of an exchange visitor program. (e) Financial responsibility. (2) The Department of State may require non-government sponsors to provide evidence satisfactory to the Department of State that funds necessary to fulfill all obligations and responsibilities attendant to sponsorship of their exchange visitor programs are readily available and in the sponsor's control, including such supplementary or explanatory financial information as the Department of State may deem appropriate, such as, for example, audited financial statements. (3) The Department of State may require a non-government sponsor to secure payment bonds in favor of the Department of State guaranteeing all financial obligations arising from its exchange visitor program when the Department has reasonable doubt about the sponsor's ability to meet its program and other financial obligations. (f) Staffing and support services. (1) Adequate staffing and sufficient support services are provided to administer their exchange visitor program; and (2) Their employees, officers, agents, third parties, volunteers or other individuals or entities associated with the administration of their exchange visitor program are adequately qualified, appropriately trained, and comply with the Exchange Visitor Program regulations and immigration laws pertaining to the administration of their exchange visitor program(s). (g) Appointment of Responsible Officers and Alternate Responsible Officers. (2) Responsible Officers and Alternate Responsible Officers must be employees or officers of the sponsor. Upon written sponsor request, the Department of State may, in its sole discretion, authorize the appointment of an individual who is not an employee or officer to serve as an Alternate Responsible Officer. (3) In the event of the departure of a Responsible Officer or Alternate Responsible Officer, the sponsor must file a request in SEVIS for the approval of a replacement and forward the required documentation to the Department of State within ten calendar days from the date of the Responsible Officer's or Alternate Responsible Officer's departure. (4) Requests to replace the Responsible Officer or add an Alternate Responsible Officer must be submitted in SEVIS, and a signed Form DS-3037 must be either mailed or emailed to the Department of State with the required completed Citizenship Certification, along with certification that the individual has undergone a criminal background check conducted at the time of such Certification. (5) The Department of State reserves the right to deny the appointment of a Responsible Officer or an Alternate Responsible Officer. [79 FR 60307, Oct. 6, 2014] § 62.10 Program administration. Sponsors are responsible for the effective administration of their exchange visitor program(s). These responsibilities include: (a) Selection of exchange visitors. (1) The program is suitable to the exchange visitor's background, needs, and experience; and (2) The exchange visitor possesses sufficient proficiency in the English language, as determined by an objective measurement of English language proficiency, successfully to participate in his or her program and to function on a day-to-day basis. A sponsor must verify an applicant's English language proficiency through a recognized English language test, by signed documentation from an academic institution or English language school, or through a documented interview conducted by the sponsor either in-person or by videoconferencing, or by telephone if videoconferencing is not a viable option. (b) Pre-arrival information. (1) The purpose of the Exchange Visitor Program; (2) The home-country physical presence requirement; (3) Travel to and entry into the United States (e.g., procedures to be followed by exchange visitors and accompanying spouses and dependents in paying SEVIS fees and obtaining visas for entry to the United States, including the information and documentation needed for the interview; travel arrangements to the United States, and what to expect at the port of entry, including the necessity of having and presenting travel documents at the port of entry); (4) Housing, including specific information on what housing is provided by the program or otherwise available and the expected cost to the exchange visitor; (5) An itemized list of all fees to be paid by a potential exchange visitor ( i.e. (6) Description and amount of other costs that the exchange visitor will likely incur (e.g., insurance, living expenses, transportation expenses) while in the United States; (7) Health care and insurance description, costs, and requirements for exchange visitors and their accompanying spouse and dependents, as applicable; (8) Arrival notification requirements (e.g., procedures that exchange visitors, spouses and dependents are to follow upon entry into the United States in reporting their arrival to the sponsor and reporting to the location of their program); and (9) Other information that will assist exchange visitors to prepare for their stay in the United States (e.g., how and when to apply for a social security number, if applicable; how to apply for a driver's license; how to open a bank account; employee rights and laws, including workman's compensation; and how to remain in lawful non-immigrant status. (c) Orientation. (1) Life and customs in the United States; (2) Local community resources (e.g., public transportation, medical centers, schools, libraries, recreation centers, and banks), to the fullest extent possible; (3) Available healthcare, emergency assistance, and health insurance coverage; (4) A description of the exchange visitor program in which the exchange visitor is participating such as information on the length and location of the program; a summary of the significant components of the program; information on any payment ( i.e. (5) Sponsor rules that exchange visitors are required to follow while participating in their exchange visitor program; (6) Name and address of the sponsor and the name, email address, and telephone number of the Responsible Officer and Alternate Responsible Officer(s); (7) The Office of Designation's address, telephone number, facsimile number, Web site and email address, and a copy of the Exchange Visitor Program brochure or other Department of State materials as appropriate or required; (8) Wilberforce Pamphlet on the Rights and Protections for Temporary Workers; and (9) The requirement that an exchange visitor must report to the sponsor or sponsor designee within ten calendar days any changes in his or her telephone number, email address, actual and current U.S. address ( i.e. (d) Monitoring of exchange visitors. (1) Ensure that the activities in which exchange visitors are engaged are consistent with the category and activity listed on their Forms DS-2019; (2) Monitor the physical location (site of activity), and the progress and welfare of exchange visitors to the extent appropriate for the category; (3) Require that exchange visitors report to the sponsor within ten calendar days any changes in their telephone numbers, email addresses, actual and current U.S. addresses ( i.e. (4) Report in SEVIS within ten business days of notification by an exchange visitor any change in the exchange visitor's actual and current U.S. address, telephone number, email address, and/or primary site of activity; and (5) Report the email address for each accompanying spouse and dependent. (e) Requests by the Department of State. (f) Inquiries and investigations. (g) Retention of records. [79 FR 60307, Oct. 6, 2014] § 62.11 Duties of Responsible Officers and Alternate Responsible Officers. Responsible Officers must train and supervise Alternate Responsible Officers and ensure that these officials are in compliance with the Exchange Visitor Program regulations. Responsible Officers and Alternate Responsible Officers must: (a) Be thoroughly familiar with the Exchange Visitor Program regulations, relevant immigration laws, and all federal and state regulations and laws pertaining to the administration of their exchange visitor program(s), including the Department of State's and the Department of Homeland Security's policies, manuals, instructions, and guidance on SEVIS and all other operations relevant to the Exchange Visitor Program; if Responsible Officers and Alternate Responsible Officers work with programs with an employment component, they also must have a detailed knowledge of federal, state, and local laws pertaining to employment, including the Fair Labor Standards Act; (b) Monitor that the exchange visitor obtains sufficient advice and assistance to facilitate the successful completion of his or her exchange visitor program; (c) Conduct all official communications relating to their sponsor's exchange visitor program with the Department of State and the Department of Homeland Security. A sponsor must include its exchange visitor program number on all correspondence submitted to the Department of State and to the Department of Homeland Security; (d) Monitor to ensure that that sponsor spam filters do not block receipt of SEVIS or Department of State and Department of Homeland Security notices; and (e) Control and issue Forms DS-2019 as set forth in § 62.12. [79 FR 60307, Oct. 6, 2014] § 62.12 Control of Forms DS-2019. (a) Issuance of Forms DS-2019. (1) Grant access to SEVIS only to Responsible Officers and Alternate Responsible Officers and ensure that they have access to and use SEVIS to update required information; (2) Ensure that Responsible Officers and Alternate Responsible Officers input into SEVIS accurate, current, and updated information in accordance with these regulations; and (3) Issue Forms DS-2019 only for the following purposes if permitted by the regulations and, as necessary, authorized by the Department of State: (i) To facilitate the initial entry of exchange visitors and accompanying spouses and dependents, if any, into the United States; (ii) To extend the duration of participation of exchange visitors; (iii) To facilitate program transfers; (iv) To replace lost, stolen, or damaged Forms DS-2019; (v) To facilitate the re-entry into the United States of exchange visitors and accompanying spouses and dependents, if any, who travel outside the United States during exchange visitors' programs; (vi) To facilitate changes of category; (vii) To update information when significant changes take place in regard to exchange visitors' programs (e.g., substantial changes in funding or changes in primary sites of activity); (viii) To facilitate the correction of minor or technical infractions; and (ix) To facilitate a reinstatement or reinstatement update SEVIS status. (b) Verification. (i) Are eligible for, qualified for, and accepted into the programs in which they will participate; (ii) Possess adequate financial resources to participate in and complete their exchange visitor programs; and (iii) Possess adequate financial resources to support accompanying spouses and dependents, if any. (2) Sponsors must ensure that: (i) Only Responsible Officers or Alternate Responsible Officers who are physically present in the United States or in a U.S. territory may sign Forms DS-2019 or print original Forms DS-2019; (ii) Only Responsible Officers or Alternate Responsible Officers whose names are printed on Forms DS-2019 are permitted to sign the forms; and (iii) Responsible Officers or Alternate Responsible Officers sign paper Forms DS-2019 in ink or sign Forms DS-2019 using digital signature software. (c) Transmission of Forms DS-2019. (2) Sponsors may mail signed paper Forms DS-2019 via postal or delivery service to third parties acting on their behalf for distribution to prospective exchange visitors. (3) Sponsors may provide third parties acting on their behalf with password-protected access to the sponsors' computer network systems and/or databases to retrieve Forms DS-2019. (4) Sponsors that allow third parties to retrieve Forms DS-2019 from their computer networks and/or databases may not electronically transmit or physically mail the same Forms DS-2019 to individuals or entities identified in paragraph (c)(1) of this section. (d) Allotment requests. Annual Form DS-2019 allotment. (2) Expansion of program. (e) Safeguards and controls. i.e., (2) Sponsors may transmit Forms DS-2019 only to the parties listed in paragraph (c) of this section. However, sponsors must transmit Forms DS-2019 to the Department of State or the Department of Homeland Security upon request. (3) Sponsors must use the reprint function in SEVIS when exchange visitors' Forms DS-2019 are lost, stolen, or damaged, regardless of whether they are transmitting forms electronically or mailing them. (4) Sponsors must destroy any damaged and/or unusable Forms DS-2019 (e.g., forms with errors or forms damaged by a printer). [89 FR 30271, Apr. 23, 2024] § 62.13 Notification requirements. (a) Valid program status of exchange visitor. (1) Validation of program participation. Sponsors must promptly validate an exchange visitor's participation in their program. This will change the status of the exchange visitor's SEVIS record from “Initial” to “Active.” SEVIS records with program durations (e.g., the period between the “Program Begin Date” and “Program End Date”) of 30 days or more must be validated within 30 days following the “Program Begin Date” identified in SEVIS. SEVIS records with program durations that are less than 30 days must be validated prior to the “Program End Date” reflected in SEVIS. As part of the validation process, sponsors may amend the program begin date and must update the SEVIS record to reflect the actual and current U.S. address and site of activity in SEVIS. The status of SEVIS records that are not validated according to this schedule will automatically change to “Invalid” or “No Show”. Accompanying spouses and dependents' SEVIS records are automatically validated upon validation of the exchange visitors' SEVIS records. (2) Failure of an exchange visitor to begin program. Sponsors must report in SEVIS, no later than 30 calendar days after the “Program Begin Date” listed in SEVIS, the failure of an exchange visitor to report to his or her sponsor upon entry in the United States ( i.e. (3) End of an exchange visitor's program. Sponsors must report in SEVIS any withdrawal from or early completion of an exchange visitor's program that occurs prior to the “Program End Date” listed in SEVIS on the exchange visitor's Form DS-2019. Sponsors must not alter the “Program End Date” field, but should enter the date of program completion in the “Effective Date of Completion” field. This will change the status of the exchange visitor's SEVIS record from “Active” to “Inactive.” Such notification in SEVIS ends a sponsor's programmatic obligations to the exchange visitor and/or his or her accompanying spouse and dependents. (4) Accompanying spouse and dependent records. Sponsors must report in SEVIS if accompanying spouses and/or dependents depart from the United States prior to the exchange visitors' departure dates. (5) Termination of an exchange visitor's program. Sponsors must promptly report in SEVIS the involuntary termination of an exchange visitor's program. Sponsors must not alter the “Program End Date” field, but should enter the date of program termination in the “Effective Date of Termination” field. This will change the status of the SEVIS record from “Active” to “Terminated”. Such notification in SEVIS ends a sponsor's programmatic obligation to the exchange visitor and his or her accompanying spouse and dependents, if any, and prevents the sponsor from thereafter extending the exchange visitor's duration of participation, transferring the exchange visitor to another program, or changing the exchange visitor's category. Sponsors must not terminate the program of an exchange visitor who voluntarily ends his or her program. (b) Change of circumstance of an exchange visitor. (1) Change in the actual and current U.S. address. Sponsors must ensure that the actual and current U.S. addresses of an exchange visitor are reported in SEVIS: (i) Sponsors must report the U.S. mailing address ( i.e. (ii) If a U.S. mailing address is reported to SEVIS, sponsors must also maintain records in SEVIS of actual and current U.S. addresses (e.g., dormitory, building and room number) for such exchange visitors. (2) Change in site of activity. Sponsors must report in SEVIS any change to an exchange visitor's site of activity by entering the new site within ten business days of notification of such a change where sponsor rules or regulations permit such a change. Sponsors must promptly enter any change in the site of activity in those instances where the sponsor is responsible for the placement. Sponsors must identify the “primary” site of activity of an exchange visitor if multiple sites of activity are reported in SEVIS. (c) Change in sponsor's circumstance. (1) Change of business and/or mailing address, telephone number, facsimile number, or email address; (2) Change in the composition of the sponsor organization that affects its status as a United States Person as defined in § 62.2, which includes a new Employment Identification Number (EIN); (3) Change of Responsible Officer or Alternate Responsible Officer; (4) Major change of ownership or control of the sponsor's organization as defined in § 62.60(e); (5) Change of the sponsor's principal place of business to a location outside the United States; (6) Change in financial circumstances that may render the sponsor unable to comply with its obligations as set forth in § 62.9(e); (7) Loss of licensure or accreditation; (8) Loss or theft of Forms DS-2019, in which case a sponsor must notify the Department of State promptly by telephone or email of the SEVIS identification numbers of such Forms DS-2019 that have been lost or stolen; (9) A decision by the sponsor to voluntarily cancel (withdraw) its exchange visitor program designation; or (10) Any other material facts or events that may have an impact on the sponsor's ability to properly administer or conduct its exchange visitor program. (d) Serious problem or controversy. [79 FR 60307, Oct. 6, 2014] § 62.14 Insurance. (a) Sponsors must require that all exchange visitors have insurance in effect that covers the exchange visitors for sickness or accidents during the period of time that they participate in the sponsor's exchange visitor program. In addition, sponsors must require that accompanying spouses and dependents of exchange visitors have insurance for sickness and accidents. Sponsors must inform all exchange visitors that they, and any accompanying spouse and dependent(s), also may be subject to the requirements of the Affordable Care Act. (b) The period of required coverage is the actual duration of the exchange visitor's participation in the sponsor's exchange visitor program as recorded in SEVIS in the “Program Begin Date,” and as applicable, the “Program End Date,” “Effective Program End Date,” or “Effective Date of Termination” fields. Sponsors are not authorized to charge fees to their sponsored exchange visitors for the provision of insurance coverage beyond any demonstrable and justifiable staff time. Sponsors are not required to, but may, offer supplemental “entry to exit” coverage ( i.e. (1) Medical benefits of at least $100,000 per accident or illness; (2) Repatriation of remains in the amount of $25,000; (3) Expenses associated with the medical evacuation of exchange visitors to his or her home country in the amount of $50,000; and (4) Deductibles not to exceed $500 per accident or illness. (c) Insurance policies secured to fulfill the requirements of this section: (1) May require a waiting period for pre-existing conditions that is reasonable as determined by current industry standards; (2) May include provisions 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 (3) Must not unreasonably exclude coverage for perils inherent to the activities of the exchange program in which the exchange visitor participates. (d) Any policy, plan, or contract secured to fill the above requirements must, at a minimum, be: (1) Underwritten by an insurance corporation having an A.M. Best rating of “A−” or above; a McGraw Hill Financial/Standard & Poor's Claims-paying Ability rating of “A−” or above; a Weiss Research, Inc. rating of “B + ” or above; a Fitch Ratings, Inc. rating of “A−” or above; a Moody's Investor Services rating of “A3” or above; or such other rating as the Department of State may from time to time specify; or (2) Backed by the full faith and credit of the government of the exchange visitor's home country; or (3) Part of a health benefits program offered on a group basis to employees or enrolled students by a designated sponsor; or (4) Offered through or underwritten by a federally qualified Health Maintenance Organization or eligible Competitive Medical Plan as determined by the Centers for Medicare and Medicaid Services of the U.S. Department of Health and Human Services. (e) 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. (f) 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. (g) The Department of State may, in its sole discretion, 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. (h) Accompanying spouses and dependents are required to be covered by insurance in the amounts set forth in paragraph (b) of this section. Sponsors must inform exchange visitors of this requirement, in writing, in advance of the exchange visitor's arrival in the United States. (i) Exchange visitors who willfully fail to maintain the insurance coverage set forth above while a participant in an exchange visitor program or who make material misrepresentations to the sponsor concerning such coverage will be deemed to be in violation of these regulations and will be subject to termination as an exchange visitor. (j) Sponsors must terminate an exchange visitor's participation in their program if the sponsor determines that the exchange visitor or any accompanying spouse or dependent willfully fails to remain in compliance with this section. [79 FR 60307, Oct. 6, 2014] § 62.15 Reporting requirements. (a) Sponsors must submit annual reports to the Department of State that are generated through SEVIS on Form DS-3097. Such reports must be filed on an academic, calendar, or fiscal year basis, as directed by the Department of State in the sponsor's letter of designation or redesignation, and must contain the following: (1) Program report and evaluation. (2) Reciprocity. (3) Cross-cultural activities. (4) Proof of insurance. (5) Certification. “I certify that the information in this report is complete and correct to the best of my knowledge and belief; and, that the above named program sponsor has complied with all health and accident insurance requirements for exchange visitors and their accompanying spouses and dependents (22 CFR 62.14).” (i) For exchange visitor programs classified as “Government Programs,” this certification will be signed by the Responsible Officer. (ii) For exchange visitor programs classified as P-1 or P-2 “Academic Programs” this certification will be signed by the institution's Chief Executive Officer or Responsible Officer. (iii) For exchange visitor programs classified as P-3 and P-4 “Private Sector Programs,” this certification will be signed by the organization's Chief Executive Officer or Responsible Officer. (6) Program participation. i.e. (b) Sponsors of P-3 and P-4 “Private Sector” programs must file a program specific management review (in a format and on a schedule approved by the Department of State). [79 FR 60307, Oct. 6, 2014] § 62.16 Employment. (a) An exchange visitor may receive compensation from the sponsor or the sponsor's appropriate designee, such as the host organization, when employment activities are part of the exchange visitor's program. (b) 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. (c) The acceptance of employment by the accompanying spouse and dependents of an exchange visitor is governed by Department of Homeland Security regulations. [79 FR 60307, Oct. 6, 2014] § 62.17 Fees and charges. (a) Remittances. (b) Amounts of fees. (1) For filing an application for program designation and/or redesignation (Form DS-3036)—$3,982.00. (2) For filing an application for exchange visitor status changes ( i.e. [78 FR 28139, May 14, 2013] Subpart B—Specific Program Provisions § 62.20 Professors and research scholars. (a) Introduction. (1) Alien physicians in graduate medical education or training, who are governed by regulations set forth at § 62.27; and (2) Short-term scholars, who are governed by regulations set forth at § 62.21. (b) Purpose. (c) Designation. bona fide (d) Visitor eligibility. (1) The participant must not be a candidate for a tenure track position; (2) The participant has not been physically present in the United States as a nonimmigrant pursuant to the provisions of 8 U.S.C. 1101(a)(15)(J) for all or part of the twelve-month period immediately proceeding the date of program commencement set forth on his or her Form DS-2019, unless: (i) The participant is transferring to the sponsor's program pursuant to provisions set forth in § 62.42; (ii) The participant's presence in the United States was of less than six months duration; or (iii) The participant's presence in the United States was pursuant to a short-term scholar exchange activity as authorized by § 62.21; and (3) The participant is not subject to the prohibition against repeat participation set forth at § 62.20(i)(2). (e) Issuance of Form DS-2019. (f) Location of the exchange. (g) Occasional lectures or consultations. (1) Criteria. (i) Be directly related to the objectives of the exchange visitor's program; (ii) Be incidental to the exchange visitor's primary program activities; (iii) Not delay the completion date of the exchange visitor's program; and (iv) Be documented in SEVIS. (2) Procedures. (A) A letter from the offeror setting forth the terms and conditions of the offer to lecture or consult, including the duration, number of hours, field or subject, amount of compensation, and description of such activity; and (B) A letter from the exchange visitor's department head or supervisor recommending such activity and explaining how the activity would enhance the exchange visitor's program. (ii) The responsible officer must review the letters required in paragraph (g)(2)(i) of this section and make a written determination whether such activity is warranted, will not interrupt the exchange visitor's original objective, and satisfies the criteria set forth in paragraph (g)(1) of this section. (h) Change of activity. (i) Duration of participation. (1) General limitation. (2) Repeat participation. (3) Extensions. (i) The participant for whom an extension is requested is engaged in a research project under the direct sponsorship of a Federally Funded National Research and Development Center (“FFNRDC”) or a U.S. Federal Laboratory; (ii) The FFNRDC or U.S. Federal Laboratory requesting the extension on behalf of the participant has determined, through peer review, that the participant's continued involvement in the project is beneficial to its successful conclusion; and (iii) The Secretary of the Department of Homeland Security has determined in his/her discretion that the extension may be approved; (iv) The extension request is for not more than five years. [70 FR 28817, May 19, 2005; 70 FR 36344, June 23, 2005] § 62.21 Short-term scholars. (a) Introduction. (b) Purpose. (c) Designation. bona fide (d) Visitor eligibility. (e) Cross-cultural activities and orientation. (f) Location of exchange. (g) Duration of participation. [58 FR 15196, Mar. 19, 1993; 58 FR 48448, Sept. 16, 1993, as amended at 61 FR 39585, July 30, 1996; 64 FR 17975, Apr. 13, 1999. Redesignated at 64 FR 54539, Oct. 7, 1999] § 62.22 Trainees and interns. (a) Introduction. (b) Purpose. (ii) Exchange Visitor Program training and internship programs must not be used as substitutes for ordinary employment or work purposes; nor may they be used under any circumstances to displace American workers. The requirements in these regulations for trainees are designed to distinguish between bona fide (2) In addition, a specific objective of the new internship program is to provide foreign nationals who are currently enrolled full-time and pursuing studies at a degree- or certificate-granting post-secondary academic institution or graduated from such an institution no more than 12 months prior to their exchange visitor program begin date a period of work-based learning to allow them to develop practical skills that will enhance their future careers. Bridging the gap between formal education and practical work experience and gaining substantive cross-cultural experience are major goals in educational institutions around the world. By providing training opportunities for current foreign students and recent foreign graduates at formative stages of their development, the U.S. Government will build partnerships, promote mutual understanding, and develop networks for relationships that will last through generations as these foreign nationals move into leadership roles in a broad range of occupational fields in their own societies. These results are closely tied to the goals, themes, and spirit of the Fulbright-Hays Act. (c) Designation. (2) Sponsors must provide training and internship programs only in the occupational category or categories for which the Department has designated them as sponsors. The Department may designate training and internship programs in any of the following occupational categories: (i) Agriculture, Forestry, and Fishing; (ii) Arts and Culture; (iii) Construction and Building Trades; (iv) Education, Social Sciences, Library Science, Counseling and Social Services; (v) Health Related Occupations; (vi) Hospitality and Tourism; (vii) Information Media and Communications; (viii) Management, Business, Commerce and Finance; (ix) Public Administration and Law; and (x) The Sciences, Engineering, Architecture, Mathematics, and Industrial Occupations. (d) Selection criteria. (2) Sponsors of training programs must verify that all potential trainees are foreign nationals who have either a degree or professional certificate from a foreign post-secondary academic institution and at least one year of prior related work experience in their occupational field acquired outside the United States or five years of work experience in their occupational field acquired outside the United States. (3) Sponsors of internship programs must verify that all potential interns are foreign nationals who are currently enrolled full-time and pursuing studies in their advanced chosen career field at a degree- or certificate-granting post-secondary academic institution outside the United States or graduated from such an institution no more than 12 months prior to their exchange visitor program begin date. (e) Issuance of Forms DS-2019. (1) They do not issue Forms DS-2019 to potential participants in training and internship programs until they secure placements for trainees or interns and complete and secure requisite signatures on Form DS-7002, Training/Internship Placement Plan (T/IPP); (2) Trainees and interns have sufficient finances to support themselves for their entire stay in the United States, including housing and living expenses; and (3) The training and internship programs expose participants to American techniques, methodologies, and technology and expand upon the participants' existing knowledge and skills. Programs must not duplicate the participants' prior work experience or training received elsewhere. (f) Obligations of training and internship program sponsors. (i) Ensure that trainees and interns are appropriately selected, placed, oriented, supervised, and evaluated; (ii) Be available to trainees and interns (and host organizations, as appropriate) to assist as facilitators, counselors, and information resources; (iii) Ensure that training and internship programs provide a balance between the trainees' and interns' learning opportunities and their contributions to the organizations in which they are placed; (iv) Ensure that the training and internship programs are full-time (minimum of 32 hours a week); and (v) Ensure that any host organizations and third parties involved in the recruitment, selection, screening, placement, orientation, evaluation for, or the provision of training and internship programs are sufficiently educated on the goals, objectives, and regulations of the Exchange Visitor Program and adhere to all regulations set forth in this part as well as all additional terms and conditions governing Exchange Visitor Program administration that the Department may from time to time impose. (2) Sponsors must certify that they or any host organization acting on the sponsor's behalf: (i) Have sufficient resources, plant, equipment, and trained personnel available to provide the specified training and internship program; (ii) Provide continuous on-site supervision and mentoring of trainees and interns by experienced and knowledgeable staff; (iii) Ensure that trainees and interns obtain skills, knowledge, and competencies through structured and guided activities such as classroom training, seminars, rotation through several departments, on-the-job training, attendance at conferences, and similar learning activities, as appropriate in specific circumstances; (iv) Conduct periodic evaluations of trainees and interns, as set forth in § 62.22(l); (v) Do not displace full- or part-time or temporary or permanent American workers or serve to fill a labor need and ensure that the positions that trainees and interns fill exist primarily to assist trainees and interns in achieving the objectives of their participation in training and internship programs; and (vi) Certify that training and internship programs in the field of agriculture meet all the requirements of the Fair Labor Standards Act, as amended (29 U.S.C. 201 et seq. et seq. (3) Sponsors or any third parties acting on their behalf must complete thorough screening of potential trainees or interns, including a documented interview conducted by the sponsor either in-person or by videoconferencing, or by telephone if videoconferencing is not a viable option. (4) Sponsors must retain all documents referred to in § 62.22(f) for at least three years following the completion of all training and internship programs. Documents and any requisite signatures may be retained in either hard copy or electronic format. (g) Use of third parties Sponsors use of third parties. (2) Screening and vetting third parties operating outside the United States. (3) Screening and vetting host organizations. (i) Employer Identification Number (EIN) used for tax purposes; (ii) Third party verification of telephone number, address, and professional activities, e.g., via advertising, brochures, Web site, and/or feedback from prior participants; and (iii) Verification of Worker's Compensation Insurance Policy or equivalent in each state or, if applicable, evidence of state exemption from requirement of coverage. (4) Site visits of host organizations. (h) Host organization obligations. (1) Host organizations sign a completed Form DS-7002 to verify that all placements are appropriate and consistent with the objectives of the trainees or interns as outlined in their program applications and as set forth in their T/IPPs. All parties involved in internship programs should recognize that interns are seeking entry-level training and experience. Accordingly, all placements must be tailored to the skills and experience level of the individual intern; (2) Host organizations notify sponsors promptly of any concerns about, changes in, or deviations from T/IPPs during training and internship programs and contact sponsors immediately in the event of any emergency involving trainees or interns; (3) Host organizations abide by all federal, state, and local occupational health and safety laws; and (4) Host organizations abide by all program rules and regulations set forth by the sponsors, including the completion of all mandatory program evaluations. (i) Training/internship placement plan (Form DS-7002). (2) To further distinguish between bona fide (i) State the specific goals and objectives of the training and internship program (for each phase or component, if applicable); (ii) Detail the knowledge, skills, or techniques to be imparted to the trainee or intern (for each phase or component, if applicable); and (iii) Describe the methods of performance evaluation and the supervision for each phase or component, if applicable. (3) A T/IPP for trainees must be divided into specific and various phases or components, and for each phase or component must: (i) Describe the methodology of training and (ii) Provide a chronology or syllabus. (4) A T/IPP for interns must: (i) Describe the role of the intern in the organization and, if applicable, identify various departments or functional areas in which the intern will work; and (ii) Identify the specific tasks and activities the intern will complete. (j) Program exclusions. (1) Place trainees or interns in unskilled or casual labor positions, in positions that require or involve child care or elder care; or in clinical or any other kind of work that involves patient care or patient contact, including any work that would require trainees or interns to provide therapy, medication, or other clinical or medical care (e.g., sports or physical therapy, psychological counseling, nursing, dentistry, veterinary medicine, social work, speech therapy, early childhood education); (2) Place trainees or interns in positions, occupations, or businesses that could bring the Exchange Visitor Program or the Department into notoriety or disrepute; or (3) Engage or otherwise cooperate or contract with a Staffing/Employment Agency to recruit, screen, orient, place, evaluate, or train trainees or interns, or in any other way involve such agencies in an Exchange Visitor Program training and internship program. (4) Issue a T/IPP for any trainee or intern for which the duties involve more than 20 per cent clerical work. (5) Have less than three departmental or functional rotations for “Hospitality and Tourism” training and internship programs of six months or longer. (k) Duration. (l) Evaluations. (m) Issuance of certificate of eligibility for exchange visitor (J-1) status. (n) Additional training and internship program participation. (1) Are currently enrolled full-time and pursuing studies at degree- or certificate-granting post-secondary academic institutions outside the United States; or, (2) Have graduated from such institutions no more than 12 months prior to the start of their proposed exchange visitor program. A new internship is also permissible when a student has successfully completed a recognized course of study ( i.e., [75 FR 48559, Aug. 11, 2010] § 62.23 College and university students. (a) Purpose. (b) Designation. bona fide (c) Selection criteria. (1) The student or his or her program is financed directly or indirectly by: (i) The United States Government; (ii) The government of the student's home country; or (iii) An international organization of which the United States is a member by treaty or statute; (2) The program is carried out pursuant to an agreement between the United States Government and a foreign government; (3) The program is carried out pursuant to written agreement between: (i) American and foreign academic institutions; (ii) An American academic institution and a foreign government; or (iii) A state or local government in the United States and a foreign government; (4) The student is supported substantially by funding from any source other than personal or family funds; or (5) The student is participating in a student internship program as described in paragraph (i) of this section. (d) Admissions requirement. (e) Full course of study requirement. (1) Vacation. (2) Medical illness. (3) Bona fide academic reason. (4) Non-degree program. (5) Academic training. (6) Final term. (f) Academic training Purpose. (2) Conditions. (i) During his or her studies; or (ii) Commencing not later than 30 days after completion of his or her studies, if the criteria, time limitations, procedures, and evaluations listed below in paragraphs (f)(3) through (f)(6) are satisfied: (3) Criteria. (ii) The student is participating in academic training that is directly related to his or her major field of study at the post-secondary accredited academic institution listed on his or her Form DS-2019; (iii) The student is in good academic standing with the post-secondary accredited academic institution; and (iv) The student receives written approval in advance from the responsible officer for the duration and type of academic training. (4) Time limitations. (i) Is approved by the academic dean or advisor and approved by the responsible officer; (ii) For undergraduate and pre-doctoral training, does not exceed 18 months, inclusive of any prior academic training in the United States, or the period of full course of study in the United States, whichever is less; except that additional time for academic training is allowed to the extent necessary for the exchange visitor to satisfy the mandatory requirements of his or her degree program in the United States; (iii) For post-doctoral training, does not exceed a total of 36 months, inclusive of any prior academic training in the United States as an exchange visitor, or the period of the full course of study in the United States, whichever is less. (5) Procedures. (i) The student must present to the responsible officer a letter of recommendation from the student's academic dean or advisor setting forth: (A) The goals and objectives of the specific academic training program; (B) A description of the academic training program, including its location, the name and address of the training supervisor, number of hours per week, and dates of the training; (C) How the academic training relates to the student's major field of study; and (D) Why it is an integral or critical part of the academic program of the student. (ii) The responsible officer must: (A) Determine if and to what extent the student has previously participated in academic training as a student, in order to ensure the student does not exceed the period permitted in paragraph (f) of this section; (B) Review the letter of recommendation required in paragraph (f)(5)(i) of this section; and (C) Make a written determination of whether the academic training currently being requested is warranted and the criteria and time limitations set forth in paragraph (f)(3) and (4) of this section are satisfied. (6) Evaluation requirements. (g) Student employment. (1) The student employment: (i) Is pursuant to the terms of a scholarship, fellowship, or assistantship; (ii) Occurs on the premises of the post-secondary accredited academic institution the visitor is authorized to attend; or (iii) Occurs off-campus when necessary because of serious, urgent, and unforeseen economic circumstances which have arisen since acquiring exchange visitor status. (2) A student may engage in employment as provided in paragraph (g)(1) of this section if the: (i) Student is in good academic standing at the post-secondary accredited academic institution; (ii) Student continues to engage in a full course of study, except for official school breaks and the student's annual vacation; (iii) Employment totals no more than 20 hours per week, except during official school breaks and the student's annual vacation; and (iv) The responsible officer has approved the specific employment in advance and in writing. Such approval may be valid for up to 12 months, but is automatically withdrawn if the student's program is transferred or terminated. (h) Duration of participation Degree student. (i) Studying at the post-secondary accredited academic institution listed on his or her Form DS-2019 and: (A) Pursuing a full course of study as set forth in paragraph (e) of this section, and (B) Maintaining satisfactory advancement towards the completion of the student's academic program; or (ii) Participating in an authorized academic training program as permitted in paragraph (f) of this section. (2) Non-degree student. (i) Studying at the post-secondary accredited academic institution listed on his or her Form DS-2019 and: (A) Participating full-time in a prescribed course of study; and (B) Maintaining satisfactory advancement towards the completion of his or her academic program; or (ii) Participating in an authorized academic training program as permitted in paragraph (f) of this section. (3) Student intern. (i) Engaged full-time in a student internship program sponsored by the post-secondary accredited academic institution that issued Form DS-2019; and (ii) Maintaining satisfactory advancement towards the completion of his or her student internship program. (i) Student intern. (1) Criteria. (ii) The student intern is primarily in the United States to engage in a student internship program rather than to engage in employment or provide services to an employer; (iii) The student intern has been accepted into a student internship program at the post-secondary accredited academic institution listed on his or her Form DS-2019; (iv) The student intern is in good academic standing with the post-secondary academic institution outside the United States from which he or she is enrolled in and pursuing a degree; and (v) The student intern will return to the academic program and fulfill and obtain a degree from such academic institution after completion of the student internship program. (2) Program requirements. (i) It does not issue Form DS-2019 to a potential participant in a student internship program until it has secured a placement for the student intern and it completes and secures the requisite signatures on Form DS-7002 (T/IPP); (ii) A student intern has sufficient finances to support himself or herself and dependants for their entire stay in the United States, including housing and living expenses; and (iii) The student internship program exposes participants to American techniques, methodologies, and technology and expands upon the participants' existing knowledge and skills. A program must not duplicate the student intern's prior experience. (3) Obligations of student internship program sponsors. (A) Ensure that the student internship program is full-time (minimum of 32 hours a week); and (B) Ensure that any host organization or other third party involved in the recruitment, selection, screening, placement, orientation, evaluation, or provision of a student internship program is sufficiently educated on the goals, objectives, and regulations of the Exchange Visitor Program and adheres to all regulations set forth in this part as well as all additional terms and conditions governing Exchange Visitor Program administration that the Department may from time to time impose. (ii) A sponsor must ensure that it or any host organization acting on the sponsor's behalf: (A) Has sufficient resources, plant, equipment, and trained personnel available to provide the specified student internship program; (B) Does not displace full- or part-time or temporary or permanent American workers or serve to fill a labor need and ensures that the position that the student interns fills exists solely to assist the student intern in achieving the objectives of his or her participation in a student internship program; and (C) Certifies that student internship programs in the field of agriculture meet all the requirements of the Fair Labor Standards Act, as amended (29 U.S.C. 201 et seq. et seq. (iii) Screening and vetting host organizations. (A) The Dun & Bradstreet identification number (unless the host organization is an academic institution, government entity, or family farm); (B) Employer Identification Number (EIN) used for tax purposes; (C) Verification of telephone number, address, and professional activities via advertising, brochures, Web site, and/or feedback from prior participants; and (D) Verification of Workman's Compensation Insurance Policy. (iv) Site visits. (4) Use of third parties. (5) Evaluation requirements. (6) Employment, wages, or remuneration. (7) Training/Internship Placement Plan (Form DS-7002). (ii) To further distinguish between work-based learning for student interns, which is permitted, and ordinary employment or unskilled labor which is not, a T/IPP must: (A) State the specific goals and objectives of the student internship program (for each phase or component, if applicable); (B) Detail the knowledge, skills, or techniques to be imparted to the student intern (for each phase or component, if applicable); and (C) Describe the methods of performance evaluation and the frequency of supervision (for each phase or component, if applicable). (8) Program exclusions. (i) Not place a student intern in an unskilled or casual labor position, in a position that requires or involves child care or elder care, a position in the field of aviation, or, in clinical positions or engaging in any other kind of work that involves patient care or contact, including any work that would require student interns to provide therapy, medication, or other clinical or medical care (e.g., sports or physical therapy, psychological counseling, nursing, dentistry, veterinary medicine, social work, speech therapy, or early childhood education); (ii) Not place a student intern in a position, occupation, or business that could bring the Exchange Visitor Program or the Department into notoriety or disrepute; (iii) Not engage or otherwise cooperate or contract with a staffing/employment agency to recruit, screen, orient, place, evaluate, or train student interns, or in any other way involve such agencies in an Exchange Visitor Program student internship program; (iv) Ensure that the duties of a student intern as outlined in the T/IPP will not involve more than 20 per cent clerical work, and that all tasks assigned to a student intern are necessary for the completion of the student internship program; and (v) Ensure that all “Hospitality and Tourism” student internship programs of six months or longer contain at least three departmental or functional rotations. [73 FR 35068, June 20, 2008] § 62.24 Teachers. (a) Purpose. (b) Designation. bona fide (c) Definitions. (1) Accredited primary or accredited secondary school: (2) Full-time teaching: (3) Home country school: (4) Host school: (5) International school: (6) Language immersion program: (7) Virtual exchange: (d) Teacher eligibility. (1) Either: (i) Meets the qualifications for teaching at the primary, including pre-kindergarten, or secondary levels in schools in his or her home country; is working as a teacher in his or her home country at the time of application; and has at least two years of full-time teaching experience; or (ii) Is not working as a teacher in his or her home country at the time of application, but otherwise meets the qualifications for teaching at the primary (including pre-kindergarten) or secondary levels in schools in the home country; has had at least two years of full-time teaching experience within the past eight years; and, within 12 months of his or her application submission date for the program, has or will have completed an advanced degree (beyond a degree equivalent to a U.S. bachelor's degree) in education or in an academic subject matter that he or she intends to teach or that is directly related to his or her teaching subject field; (2) Possesses, at a minimum, a degree equivalent to a U.S. bachelor's degree in either education or the academic subject field in which he or she intends to teach; (3) Satisfies the teaching eligibility standards of the U.S. state in which he or she will teach (e.g., meets minimum educational requirements, has passed teacher training coursework at a sufficiently proficient level, has provided an evaluation of foreign teaching preparation coursework, has demonstrated the requisite prior teaching experience), to include any required criminal background or other checks; (4) Is of good reputation and character; and (5) Agrees to come to the United States temporarily as a full-time teacher of record in an accredited primary or secondary school. Exchange teachers may teach a variety of subjects and levels at their host school or schools, if qualified, but at the pre-kindergarten level, may teach only in language immersion programs. (e) Teacher selection. (1) Verify the qualifications of each foreign teacher to determine whether he or she satisfies the criteria set forth in paragraph (d) of this section; (2) Secure references from one colleague and one current or former supervisor of each foreign teacher, attesting to that teacher's good reputation, character and teaching skills; (3) Verify that each selected foreign teacher applicant possesses sufficient proficiency in the English language to function in U.S. classrooms and to function on a day-to-day basis, in accordance with the provision for selection of exchange visitors set forth at § 62.10(a)(2); and (4) Verify that each foreign teacher who is eligible for the program under paragraph (d)(1)(ii) of this section has a letter from the head of a school in another country, preferably that teacher's home country, which states that school's willingness to work with the exchange teacher on the cross-cultural activity component set forth in paragraph (h)(1)(ii). The foreign school with which the exchange teacher plans to work must be at the same academic level as the foreign teacher's proposed host school. The letter submitted as part of the foreign teacher's application package must be signed by the head of the school or another individual in an appropriate position of authority to speak for the school within the foreign country's school system; the official signing the letter must list both email and telephone contact information. The letter may be submitted in English or in the original language of the home country with an English translation; the name, title/organization and contact information of the translator must be noted on the translation. (f) Teaching position. (1) Forms DS-2019 are not issued until foreign teacher applicants have received and accepted written offers of full-time teaching positions from the accredited primary (including pre-kindergarten level) or secondary schools in which they will teach; (2) Program dates coincide with the U.S. academic year cycle to ensure a smooth transition as exchange teachers arrive and depart, unless the sponsor notifies, and receives approval from, the Department for other exchange dates before the sponsor issues any Form DS-2019; sponsors should ensure that these dates are included in the exchange teacher's contract; (3) Exchange teachers comply with any applicable collective bargaining agreement; (4) Exchange teacher appointments to positions within accredited primary or secondary schools are temporary, even if the teaching positions are permanent, and do not lead to tenure; exchange teachers must be employees of either the host or home school during their exchange. (5) Teaching positions, including duties, responsibilities, hours of employment, and compensation, are commensurate with those of similarly-situated U.S. teachers in the school district or host school where that exchange teacher is assigned to teach; an exchange teacher, unless he or she is on a program where the Department is the sponsor, must be employed by and under the direct supervision and guidance of his or her host school and, where applicable, host school district; and (6) A pre-kindergarten level exchange teacher is assigned to teach full-time in an accredited host school (or in several schools within the same host school district, including at several academic levels, with prior permission from the Department). If an exchange teacher is placed in a private school where there is no host school district, then he or she must teach a full-time schedule of at least 32 hours in a school or schools located no more than 25 miles from the main host school; in such a situation, sponsors must ensure that reasonable and effective modes of transportation exist to such additional sites of activity. An exchange teacher may teach at the pre-kindergarten level only in a language immersion program offered as regular course of study by an accredited primary school. (g) Program disclosure. (2) At the time a foreign teacher is selected for the program, and before the exchange visitor signs any contracts with the host school, sponsors and/or the host school must provide each individual exchange teacher the following information, either within the teacher's contract or in a separate document: The name, location, and brief description of the host school; the terms and conditions of compensation (with deductions from gross salary); any provisions affecting the ability of the exchange teacher to be accompanied abroad by a spouse or dependents (including any related assistance and allowances); a summary of the significant components of the program (including a statement of the teaching requirements and related professional obligations, as well as the required cross-cultural activity component as set forth in paragraph (h) of this section); specific information on the fees and costs for which the exchange teacher will be responsible while on exchange in that school district in accordance with paragraph (g)(1); anticipated housing options and cost implications; specific local transportation options between the exchange teacher's residence and the host school and transportation cost estimates; insurance costs for accident or illness coverage, repatriation of remains and medical evacuation as required by § 62.14; estimated personal expense money for initial costs the exchange teacher may incur upon arrival in the United States prior to receiving his or her first paycheck; certification or licensure procedures and costs at the host school; administrative fees; and any placement fees. Exchange teacher compensation, unless provided directly to the exchange teacher through government funding, through continued support from the exchange teacher's home school, or from both the teacher's home and host school in a shared cost arrangement, must be paid directly by the host school or host school district in which the exchange teacher is placed. (h) Cross-cultural activity component. (1) Sponsors must require each exchange teacher to complete, within the United States, and during each academic year of program participation, at least one cross-cultural activity from each of the following two categories: (i) An activity for the teacher's classroom, larger host school or host school district population, or the community at large designed to give an overview of the history, traditions, heritage, culture, economy, educational system and/or other attributes of his or her home country. Sponsors of exchange teachers placed at international schools must require their exchange teachers to conduct at least one cross-cultural activity per academic year outside the host school in nearby schools or communities where international opportunities may be more limited than those found in their host school; and (ii) An activity that involves U.S. student dialogue with schools or students in another country, preferably in the exchange teacher's home school, through virtual exchange or other means, in order to supplement the goals of the in-person exchange. (2) Sponsors must collect annual reports from their exchange teachers detailing the cross-cultural activity component of their exchange program. The annual report does not have to be in a specific format, but must include the exchange teacher's full name and the program sponsor's name. The report section about the cross-cultural activity component must contain the following information: (i) The date(s) of each activity; (ii) The location of each activity; (iii) The audience for and participants in each activity; (iv) A general overview of each activity, including the topic; and (v) The estimated impact of each activity. (i) Location of the exchange. (j) Duration of participation. (k) Program extensions. (2) The sponsor's request for extension must include: (i) A letter of reference on official letterhead written by the host school or host school district administrator responsible for overseeing the exchange teacher that describes the exchange teacher's performance during the previous three years of the exchange and how the host school has benefited from the exchange teacher's presence; and (ii) a document describing how the exchange teacher over the previous three years has engaged his or her classroom, the wider host school or host school district, or community through the cross-cultural activity component, if these activities are not already detailed in the exchange teacher's annual reports. (3) Sponsors must submit their extension request and supporting documentation for the extension to the Department no later than three months prior to the beginning of the desired extension period for the exchange teacher. (4) Sponsor requests for extension must include proof of payment of the required non-refundable extension fee as set forth in § 62.17. (5) The Department, at its discretion, may authorize a sponsor to extend an exchange teacher's participation for either one or two additional years beyond the initial three-year exchange period. Sponsors must comply with all Department guidance on creating an extension record for the teacher within SEVIS. (6) Sponsors that applied for a two-year extension on behalf of a host school and its exchange teacher and received permission from the Department only for a one-year extension may apply again to extend the program of that host school's exchange teacher for one additional year by following the procedures set forth in paragraphs (k)(2)-(4) of this section. The sponsor should include with such additional extension request a copy of the prior extension request submitted to enable the initial one-year extension. (l) Repeat participation. [81 FR 4955, Jan. 29, 2016] § 62.25 Secondary school students. (a) Purpose. (b) Program sponsor eligibility. (1) With tax-exempt status as conferred by the Internal Revenue Service pursuant to section 501(c)(3) of the Internal Revenue Code; and (2) Which are United States citizens as such term is defined in § 62.2. (c) Program eligibility. (1) Require all exchange students to be enrolled and participating in a full course of study at an accredited academic institution; (2) Allow entry of exchange students for not less than one academic semester (or quarter equivalency) and not more than two academic semesters (or quarter equivalency) duration; and (3) Ensure that the program is conducted on a U.S. academic calendar year basis, except for students from countries whose academic year is opposite that of the United States. Exchange students may begin an exchange program in the second semester of a U.S. academic year only if specifically permitted to do so, in writing, by the school in which the exchange student is enrolled. In all cases, sponsors must notify both the host family and school prior to the exchange student's arrival in the United States whether the placement is for an academic semester, an academic year, or a calendar year. (d) Program administration. (1) Are adequately trained. Sponsors must administer training for local coordinators that specifically includes, at a minimum, instruction in: Conflict resolution; procedures for handling and reporting emergency situations; awareness or knowledge of child safety standards; information on sexual conduct codes; procedures for handling and reporting allegations of sexual misconduct or any other allegations of abuse or neglect; and the criteria to be used to screen potential host families and exercise good judgment when identifying what constitutes suitable host family placements. In addition to their own training, sponsors must ensure that all local coordinators complete the Department of State mandated training module prior to their appointment as a local coordinator or assumption of duties. The Department of State training module will include instruction designed to provide a comprehensive understanding of the Exchange Visitor Program; its public diplomacy objectives; and the Secondary School Student category rules and regulations. Sponsors must demonstrate the individual's successful completion of all initial training requirements and that annual refresher training is also successfully completed. (2) Are adequately supervised. Sponsors must create and implement organization-specific standard operating procedures for the supervision of local coordinators designed to prevent or deter fraud, abuse, or misconduct in the performance of the duties of these employees/agents/volunteers. They must also have sufficient internal controls to ensure that such employees/agents/volunteers comply with such standard operating procedures. (3) Have been vetted annually through a criminal background check (which must include a search of the Department of Justice's National Sex Offender Public Registry); (4) Place no exchange student with his or her relatives; (5) Make no exchange student placement beyond 120 miles of the home of the local coordinator authorized to act on the sponsor's behalf in both routine and emergency matters arising from that exchange student's participation in the Exchange Visitor Program; (6) Make no monetary payments or other incentives to host families; (7) Provide exchange students with reasonable access to their natural parents and family by telephone and e-mail; (8) Make certain that the exchange student's government issued documents ( i.e. (9) Conduct the host family orientation after the host family has been fully vetted and accepted; (10) Refrain, without exception, from acting as: (i) Both a host family and a local coordinator or area supervisor for an exchange student; (ii) A host family for one sponsor and a local coordinator for another sponsor; or (iii) A local coordinator for any exchange student over whom he/she has a position of trust or authority such as the student's teacher or principal. This requirement is not applicable to a boarding school placement. (11) Maintain, at minimum, a monthly schedule of personal contact with the exchange student. The first monthly contact between the local coordinator and the exchange student must be in person. All other contacts may take place in-person, on the phone, or via electronic mail and must be properly documented. The sponsor is responsible for ensuring that issues raised through such contacts are promptly and appropriately addressed. (12) That a sponsor representative other than the local coordinator who recruited, screened and selected the host family visit the exchange student/host family home within the first or second month following the student's placement in the home. (13) Maintain, at a minimum, a monthly schedule of personal contact with the host family. At least once during the fall semester and at least once during the spring semester, ( i.e. (14) That host schools are provided contact information for the local organizational representative (including name, direct phone number, and e-mail address), the program sponsor, and the Department's Office of Designation; and (15) Adhere to all regulatory provisions set forth in this part and all additional terms and conditions governing program administration that the Department may impose. (e) Student selection. (1) Are secondary school students in their home countries who have not completed more than 11 years of primary and secondary study, exclusive of kindergarten; or are at least 15 years of age, but not more than 18 years and six months of age as of the program start date; (2) Demonstrate maturity, good character, and scholastic aptitude; and (3) Have not previously participated in an academic year or semester secondary school student exchange program in the United States or attended school in the United States in either F-1 or J-1 visa status. (f) Student enrollment. (i) Be secured from the school principal or other authorized school administrator of the school or school system that the exchange student will attend; and (ii) Include written arrangements concerning the payment of tuition or waiver thereof if applicable. (2) Under no circumstance may a sponsor facilitate the entry into the United States of an exchange student for whom a written school placement has not been secured. (3) Under no circumstance may a sponsor charge a student private school tuition if such arrangements are not finalized in writing prior to the issuance of Form DS-2019. (4) Sponsors must maintain copies of all written acceptances for a minimum of three years and make such documents available for Department of State inspection upon request. (5) Sponsors must provide the school with a translated “written English language summary” of the exchange student's complete academic course work prior to commencement of school, in addition to any additional documents the school may require. Sponsors must inform the prospective host school of any student who has completed secondary school in his/her home country. (6) Sponsors may not facilitate the enrollment of more than five exchange students in one school unless the school itself has requested, in writing, the placement of more than five students from the sponsor. (7) Upon issuance of a Form DS-2019 to a prospective participant, the sponsor accepts full responsibility for securing a school and host family placement for the student, except in cases of voluntary student withdrawal or visa denial. (g) Student orientation. (1) A summary of all operating procedures, rules, and regulations governing student participation in the exchange visitor program along with a detailed summary of travel arrangements; (2) A copy of the Department's welcome letter to exchange students; (3) Age and language appropriate information on how to identify and report sexual abuse or exploitation; (4) A detailed profile of the host family with whom the exchange student will be placed. The profile must state whether the host family is either a permanent placement or a temporary-arrival family; (5) A detailed profile of the school and community in which the exchange student will be placed. The profile must state whether the student will pay tuition; and (6) An identification card, that lists the exchange student's name, United States host family placement address and telephone numbers (landline and cellular), sponsor name and main office and emergency telephone numbers, name and telephone numbers (landline and cellular) of the local coordinator and area representative, the telephone number of Department's Office of Designation, and the Secondary School Student program toll free emergency telephone number. The identification card must also contain the name of the health insurance provider and policy number. Such cards must be corrected, reprinted, and reissued to the student if changes in contact information occur due to a change in the student's placement. (h) Student extra-curricular activities. (1) Authorized by the local school district in which the student is enrolled; and (2) Authorized by the state authority responsible for determination of athletic eligibility, if applicable. Sponsors shall not knowingly be party to a placement (inclusive of direct placements) based on athletic abilities, whether initiated by a student, a natural or host family, a school, or any other interested party. (3) Any placement in which either the student or the sending organization in the foreign country is party to an arrangement with any other party, including receiving school personnel, whereby the student will attend a particular school or live with a particular host family must be reported to the particular school and the National Federation of State High School Associations prior to the first day of classes. (i) Student employment. (j) Host family application and selection. (1) Provide potential host families with a detailed summary of the Exchange Visitor Program and of their requirements, obligations and commitment to host; (2) Utilize a standard application form developed by the sponsor that includes, at a minimum, all data fields provided in Appendix F, “Information to be Collected on Secondary School Student Host Family Applications”. The form must include a statement stating that: “The income data collected will be used solely for the purposes of determining that the basic needs of the exchange student can be met, including three quality meals and transportation to and from school activities.” Such application form must be signed and dated at the time of application by all potential host family applicants. The host family application must be designed to provide a detailed summary and profile of the host family, the physical home environment (to include photographs of the host family home's exterior and grounds, kitchen, student's bedroom, bathroom, and family or living room), family composition, and community environment. Exchange students are not permitted to reside with their relatives. (3) Conduct an in-person interview with all family members residing in the home where the student will be living; (4) Ensure that the host family is capable of providing a comfortable and nurturing home environment and that the home is clean and sanitary; that the exchange student's bedroom contains a separate bed for the student that is neither convertible nor inflatable in nature; and that the student has adequate storage space for clothes and personal belongings, reasonable access to bathroom facilities, study space if not otherwise available in the house and reasonable, unimpeded access to the outside of the house in the event of a fire or similar emergency. An exchange student may share a bedroom, but with no more than one other individual of the same sex. (5) Ensure that the host family has a good reputation and character by securing two personal references from within the community from individuals who are not relatives of the potential host family or representatives of the sponsor ( i.e. (6) Ensure that the host family has adequate financial resources to undertake hosting obligations and is not receiving needs-based government subsidies for food or housing; (7) Verify that each member of the host family household 18 years of age and older, as well as any new adult member added to the household, or any member of the host family household who will turn eighteen years of age during the exchange student's stay in that household, has undergone a criminal background check (which must include a search of the Department of Justice's National Sex Offender Public Registry); (8) Maintain a record of all documentation on a student's exchange program, including but not limited to application forms, background checks, evaluations, and interviews, for all selected host families for a period of three years following program completion; and (9) Ensure that a potential single adult host parent without a child in the home undergoes a secondary level review by an organizational representative other than the individual who recruited and selected the applicant. Such secondary review should include demonstrated evidence of the individual's friends or family who can provide an additional support network for the exchange student and evidence of the individual's ties to his/her community. Both the exchange student and his or her natural parents must agree in writing in advance of the student's placement with a single adult host parent without a child in the home. (k) Host family orientation. (1) Inform all host families of the philosophy, rules, and regulations governing the sponsor's exchange visitor program, including examples of “best practices” developed by the exchange community; (2) Provide all selected host families with a copy of the Department's letter of appreciation to host families; (3) Provide all selected host families with a copy of Department of State-promulgated Exchange Visitor Program regulations; (4) Advise all selected host families of strategies for cross-cultural interaction and conduct workshops to familiarize host families with cultural differences and practices; and (5) Advise host families of their responsibility to inform the sponsor of any and all material changes in the status of the host family or student, including, but not limited to, changes in address, finances, employment and criminal arrests. (l) Host family placement. (i) Facilitate the entry into the United States of an exchange student for whom a host family placement has not been secured; (ii) Place more than one exchange student with a host family without the express prior written consent of the host family, the natural parents, and the students being placed. Under no circumstance may more than two exchange students be placed with a host family, or in the home of a local coordinator, regional coordinator, or volunteer. Sponsors may not place students from the same countries or with the same native languages in a single home. (2) Prior to the student's departure from his or her home country, sponsors must advise both the exchange student and host family, in writing, of the respective family compositions and backgrounds of each, whether the host family placement is a permanent or arrival placement, and facilitate and encourage the exchange of correspondence between the two. (3) In the event of unforeseen circumstances that necessitate a change of host family placement, the sponsor must document the reason(s) necessitating such change and provide the Department of State with an annual statistical summary reflecting the number and reason(s) for such change in host family placement in the program's annual report. (m) Advertising and marketing for the recruitment of host families. (1) Utilize only promotional materials that professionally, ethically, and accurately reflect the sponsor's purposes, activities, and sponsorship; (2) Not publicize the need for host families via any public media with announcements, notices, advertisements, etc. that are not sufficiently in advance of the exchange student's arrival, appeal to public pity or guilt, imply in any way that an exchange student will be denied participation if a host family is not found immediately, or identify photos of individual exchange students and include an appeal for an immediate family; (3) Not promote or recruit for their programs in any way that compromises the privacy, safety or security of participants, families, or schools. Specifically, sponsors shall not include personal student data or contact information (including addresses, phone numbers or email addresses) or photographs of the student on Web sites or in other promotional materials; and (4) Ensure that access to exchange student photographs and personally identifying information, either online or in print form, is only made available to potential host families who have been fully vetted and selected for program participation. Such information, if available online, must also be password protected. (n) Reporting requirements. (1) Sponsors must immediately report to the Department any incident or allegation involving the actual or alleged sexual exploitation or any other allegations of abuse or neglect of an exchange student. Sponsors must also report such allegations as required by local or state statute or regulation. Failure to report such incidents to the Department and, as required by state law or regulation, to local law enforcement authorities shall be grounds for the suspension and revocation of the sponsor's Exchange Visitor Program designation; (2) A report of all final academic year and semester program participant placements by August 31 for the upcoming academic year or January 15 for the Spring semester and calendar year. The report must be in the format directed by the Department and must include at a minimum, the exchange student's full name, Form DS-2019 number (SEVIS ID #), host family placement (current U.S. address), school (site of activity) address, the local coordinator's name and zip code, and other information the Department may request; and (3) A report of all situations which resulted in the placement of an exchange student with more than one host family or in more than one school. The report must be in a format directed by the Department and include, at a minimum, the exchange student's full name, Form DS-019 number (SEVIS ID #), host family placements (current U.S. address), schools (site of activity address), the reason for the change in placement, and the date of the move. This report is due by July 31 for the previous academic school year. [75 FR 65981, Oct. 27, 2010] § 62.26 Specialists. (a) Introduction. (1) Research scholars and professors, who are governed by regulations set forth at § 62.20; (2) Short-term scholars, who are governed by regulations set forth at § 62.21; and (3) Alien physicians in graduate medical education or training, who are governed by regulations set forth in § 62.27. (b) Purpose. (c) Designation. bona fide (d) Visitor eligibility. (1) Is an expert in a field of specialized knowledge or skill; (2) Seeks to travel to the United States for the purpose of observing, consulting, or demonstrating his or her special knowledge or skills; and (3) Does not fill a permanent or long-term position of employment while in the United States. (e) Visitor selection. (1) Evaluation of the qualifications of foreign nationals to determine whether they meet the definition of specialist as set forth in § 62.4(g); and (2) Screening foreign nationals to ensure that the requirements of § 62.10(a) are satisfied. (f) Program disclosure. (1) Information on the length and location(s) of his or her exchange visitor program; (2) A summary of the significant components of the program; and (3) A written statement which clearly states the stipend, if any, to be paid to the specialist. (g) Issuance of Form IAP-66. (h) Location of the exchange. (i) Duration of participation. § 62.27 Alien physicians. (a) Purpose. (b) Clinical exchange programs. (1) Have adequate prior education and training to participate satisfactorily in the program for which they are coming to the United States; (2) Be able to adapt to the educational and cultural environment in which they will be receiving their education or training; (3) Have the background, needs, and experiences suitable to the program as required in § 62.10(a)(1); (4) Have competency in oral and written English; (5) Have passed either Parts I and II of the National Board of Medical Examiners Examination, the Foreign Medical Graduate Examination in the Medical Sciences, the United States Medical Licensing Examination, Step I and Step II, or the Visa Qualifying Examination (VQE) prepared by the National Board of Medical Examiners, administered by the Educational Commission for Foreign Medical Graduates. [NB—Graduates of a school of medicine accredited by the Liaison Committee on Medical Education are exempted by law from the requirement of passing either Parts I and II of the National Board of Medical Examiners Examination or the Visa Qualifying Examination (VQE)]; and (6) Provide a statement of need from the government of the country of their nationality or last legal permanent residence. Such statement must provide written assurance, satisfactory to the Secretary of Health and Human Services, that there is a need in that country for persons with the skills the alien physician seeks to acquire and shall be submitted to the Educational Commission for Foreign Medical Graduates by the participant's government. The statement of need must bear the seal of the concerned government and be signed by a duly designated official of the government. The text of such statement of need shall read as follows: Name of applicant for Visa: ______. There currently exists in (Country) a need for qualified medical practitioners in the speciality of ______. (Name of applicant for Visa) has filed a written assurance with the government of this country that he/she will return to this country upon completion of training in the United States and intends to enter the practice of medicine in the specialty for which training is being sought. Stamp (or Seal and signature) of issuing official of named country. Dated: Official of Named Country. (7) Submit an agreement or contract from a U.S. accredited medical school, an affiliated hospital, or a scientific institution to provide the accredited graduate medical education. The agreement or contract must be signed by both the alien physician and the official responsible for the training. (c) Non-clinical exchange programs. (i) The responsible officer or duly designated alternate of the exchange visitor program involved signs and appends to the Form DS-2019 a certification which states “this certifies that the program in which (name of physician) is to be engaged is solely for the purpose of observation, consultation, teaching, or research and that no element of patient care is involved” or (ii) The dean of the involved accredited United States medical school or his or her designee certifies to the following five points and such certification is appended to the Form DS-2019 issued to the perspective exchange visitor alien physician: (A) The program in which (name of physician) will participate is predominantly involved with observation, consultation, teaching, or research. (B) Any incidental patient contact involving the alien physician will be under the direct supervision of a physician who is a U.S. citizen or resident alien and who is licensed to practice medicine in the State of ______. (C) The alien physician will not be given final responsibility for the diagnosis and treatment of patients. (D) Any activities of the alien physician will conform fully with the State licensing requirements and regulations for medical and health care professionals in the State in which the alien physician is pursuing the program. (E) Any experience gained in this program will not be creditable towards any clinical requirements for medical specialty board certification. (2) The Educational Commission for Foreign Medical Graduates may also issue Form DS-2019 to alien physicians who are coming to the United States to participate in a program of observation, consultation, teaching, or research provided the required letter of certification as outlined in this paragraph is appended to the Form DS-2019. (d) Public health and preventive medicine programs. This certifies that the program in which (name of physician) is to be engaged does not include any clinical activities involving direct patient care. (e) Duration of participation. (2) Duration of participation is limited to seven years unless the alien physician has demonstrated to the satisfaction of the Secretary of State that the country to which the alien physician will return at the end of additional specialty education or training has an exceptional need for an individual with such additional qualification. (3) Subject to the limitations set forth above, duration of participation may, for good cause shown, be extended beyond the period of actual training or education to include the time necessary to take an examination required for certification by a specialty board. (4) The Secretary of State may include within the duration of participation a period of supervised medical practice in the United States if such practice is an eligibility requirement for certification by a specialty board. (i) Alien physicians shall be permitted to undertake graduate medical education or training in a specialty or subspecialty program whose board and/or accreditation requirements are not published if the program requirements are certified to the Secretary of State by the ACGME in accordance with criteria established by the Educational Commission for Foreign Medical Graduates (ECFMG) and ACGME. (ii) The Secretary of State may, for good cause shown, grant an extension of the program to permit an alien physician to repeat one year of clinical medical training. (5) The alien physician must furnish the Attorney General each year with an affidavit (Form I-644) that attests the alien physician: (i) Is in good standing in the program of graduate medical education or training in which the alien physician is participating; and (ii) Will return to the country of his nationality or last legal permanent resident upon completion of the education or training for which he came to the United States. (f) Change of program. (g) Applicability of section 212(e) of the Immigration and Nationality Act. (2) Alien physicians coming to the United States for the purpose of observation, consultation, teaching, or research are not automatically subject to the two-year home-country physical presence requirement of section 212(e) of the Immigration and Nationality Act, as amended, but may be subject to this requirement if they are governmentally financed or pursuing a field of study set forth on their countries' Exchange Visitor Skills List. Such alien physicians are eligible for consideration of waivers under section 212(e) of the Immigration and Nationality Act, as amended, on the basis of “No Objection” statements submitted by their governments in their behalf through diplomatic channels to the Secretary of State of the Department of State. [58 FR 15196, Mar. 19, 1993; 58 FR 48448, Sept. 16, 1993. Redesignated at 64 FR 54539, Oct. 7, 1999, as amended at 86 FR 20287, Apr. 19, 2021] § 62.28 International visitors. (a) Purpose. (b) Selection. (c) Visitor eligibility. (1) Selected by the Department of State; (2) Engaged in consultation, observation, research, training, or demonstration of special skills; and (3) A recognized or potential leader in a field of specialized knowledge or skill. (d) Program disclosure. (1) Information on the length and location(s) of his or her exchange visitor program; and (2) A summary of the significant components of the program. (e) Issuance of Form DS-2019. (f) Location of the exchange. (g) Duration of participation. § 62.29 Government visitors. (a) Purpose. (b) Designation. (c) Selection. (d) Visitor eligibility. (1) Selected by a U.S. federal, state, and local government agency; (2) Engaged in consultation, observation, training, or demonstration of special skills; and (3) An influential or distinguished person. (e) Program disclosure. (1) Information on the length and location(s) of his or her exchange visitor program; (2) A summary of the significant components of the program; and (3) A written statement which clearly states the stipend, if any, to be paid to the government visitor. (f) Issuance of Form DS-2019. (g) Location of the exchange. (h) Duration of participation. § 62.30 Camp counselors. (a) Introduction. (b) Participant eligibility. (1) Are at least 18 years of age; (2) Are bona fide (c) Participant selection. (1) Conduct an in-person interview; and (2) Secure references from a participant's employer or teacher regarding his or her suitability for participation in a camp counselor exchange. (d) Participant orientation. (1) Duties and responsibilities relating to their service as a camp counselor; (2) Contractual obligations relating to their acceptance of a camp counselor position; and (3) Financial compensation for their service as a camp counselor. (e) Participant placements. (1) Accredited; (2) A member in good standing of the American Camping Association; (3) Officially affiliated with a nationally recognized non-profit organization; or (4) Have been inspected, evaluated, and approved by the sponsor. (f) Participant compensation. (g) Participant supervision. (h) Program administration. (1) Comply with all provisions set forth in subpart A of this part; (2) Not facilitate the entry of any participant for a program of more than four months duration; and (3) Under no circumstance facilitate the entry into the United States of a participant for whom a camp placement has not been pre-arranged. (i) Placement report. (j) In order to ensure that as many different individuals as possible are recruited for participation in camp counselor programs, sponsors shall limit the number of participants who have previously participated more than once in any camp counselor exchange to not more than ten percent of the total number of participants that the sponsor placed in the immediately preceding year. [58 FR 15196, Mar. 19, 1993, as amended at 59 FR 16984, Apr. 11, 1994. Redesignated at 64 FR 54539, Oct. 7, 1999] § 62.31 Au pairs. (a) Introduction. (b) Program designation. (c) Program eligibility. (1) Limit the participation of foreign nationals in such programs to not more than one year; (2) Limit the number of hours an EduCare au pair participant is obligated to provide child care services to not more than 10 hours per day or more than 30 hours per week and limit the number of hours all other au pair participants are obligated to provide child care services to not more than 10 hours per day or more than 45 hours per week; (3) Require that EduCare au pair participants register and attend classes offered by an accredited U.S. post-secondary institution for not less than twelve semester hours of academic credit or its equivalent and that all other au pair participants register and attend classes offered by an accredited U.S. post-secondary institution for not less than six semester hours of academic credit or its equivalent; (4) Require that all officers, employees, agents, and volunteers acting on their behalf are adequately trained and supervised; (5) Require that the au pair participant is placed with a host family within one hour's driving time of the home of the local organizational representative authorized to act on the sponsor's behalf in both routine and emergency matters arising from the au pair's participation in their exchange program; (6) Require that each local organizational representative maintain a record of all personal monthly contacts (or more frequently as required) with each au pair and host family for which he or she is responsible and issues or problems discussed; (7) Require that all local organizational representatives contact au pair participants and host families twice monthly for the first two months following a placement other than the initial placement for which the au pair entered the United States. (8) Require that local organizational representatives not devoting their full time and attention to their program obligations are responsible for no more than fifteen au pairs and host families; and (9) Require that each local organizational representative is provided adequate support services by a regional organizational representative. (d) Au pair selection. (1) Are between the ages of 18 and 26; (2) Are a secondary school graduate, or equivalent; (3) Are proficient in spoken English; (4) Are capable of fully participating in the program as evidenced by the satisfactory completion of a physical; (5) Have been personally interviewed, in English, by an organizational representative who shall prepare a report of the interview which shall be provided to the host family; and (6) Have successfully passed a background investigation that includes verification of school, three, non-family related personal and employment references, a criminal background check or its recognized equivalent and a personality profile. Such personality profile will be based upon a psychometric test designed to measure differences in characteristics among applicants against those characteristics considered most important to successfully participate in the au pair program. (e) Au pair placement. (1) Place an au pair with a family unless the family has specifically agreed that a parent or other responsible adult will remain in the home for the first three days following the au pair's arrival; (2) Place an au pair with a family having a child aged less than three months unless a parent or other responsible adult is present in the home; (3) Place an au pair with a host family having children under the age of two, unless the au pair has at least 200 hours of documented infant child care experience. An au pair participating in the EduCare program shall not be placed with a family having pre-school children in the home unless alternative full-time arrangements for the supervision of such pre-school children are in place; (4) Place an au pair with a host family having a special needs child, as so identified by the host family, unless the au pair has specifically identified his or her prior experience, skills, or training in the care of special needs children and the host family has reviewed and acknowledged in writing the au pair's prior experience, skills, or training so identified; (5) Place an au pair with a host family unless a written agreement between the au pair and the host family detailing the au pair's obligation to provide child care has been signed by both the au pair and the host family prior to the au pair's departure from his or her home country. Such agreement shall clearly state whether the au pair is an EduCare program participant or not. Such agreement shall limit the obligation to provide child care services to not more than 10 hours per day or more than 45 hours per week unless the au pair is an EduCare participant. Such agreement shall limit the obligation of an EduCare participant to provide child care service to not more than 10 hours per day or more than 30 hours per week. (6) Place the au pair with a family who cannot provide the au pair with a suitable private bedroom; and (7) Place an au pair with a host family unless the host family has interviewed the au pair by telephone prior to the au pair's departure from his or her home country. (f) Au pair orientation. (1) A copy of all operating procedures, rules, and regulations, including a grievance process, which govern the au pair's participation in the exchange program; (2) A detailed profile of the family and community in which the au pair will be placed; (3) A detailed profile of the educational institutions in the community where the au pair will be placed, including the financial cost of attendance at these institutions; (4) A detailed summary of travel arrangements; and (5) A copy of the Department of State's written statement and brochure regarding the au pair program. (g) Au pair training. (1) Prior to placement with the host family, the au pair participant shall receive not less than eight hours of child safety instruction no less than 4 of which shall be infant-related; and (2) Prior to placement with the American host family, the au pair participant shall receive not less than twenty-four hours of child development instruction of which no less than 4 shall be devoted to specific training for children under the age of two. (h) Host family selection. (1) Require that the host parents are U.S. citizens or legal permanent residents; (2) Require that host parents are fluent in spoken English; (3) Require that all adult family members resident in the home have been personally interviewed by an organizational representative; (4) Require that host parents and other adults living full-time in the household have successfully passed a background investigation including employment and personal character references; (5) Require that the host family have adequate financial resources to undertake all hosting obligations; (6) Provide a written detailed summary of the exchange program and the parameters of their and the au pair's duties, participation, and obligations; and (7) Provide the host family with the prospective au pair participant's complete application, including all references. (i) Host family orientation. (1) Inform all host families of the philosophy, rules, and regulations governing the sponsor's exchange program and provide all families with a copy of the Department of State's written statement and brochure regarding the au pair program; (2) Provide all selected host families with a complete copy of Department of State-promulgated Exchange Visitor Program regulations, including the supplemental information thereto; (3) Advise all selected host families of their obligation to attend at least one family day conference to be sponsored by the au pair organization during the course of the placement year. Host family attendance at such a gathering is a condition of program participation and failure to attend will be grounds for possible termination of their continued or future program participation; and (4) Require that the organization's local counselor responsible for the au pair placement contacts the host family and au pair within forth-eight hours of the au pair's arrival and meets, in person, with the host family and au pair within two weeks of the au pair's arrival at the host family home. (j) Wages and hours. (1) Are compensated at a weekly rate based upon 45 hours of child care services per week and paid in conformance with the requirements of the Fair Labor Standards Act as interpreted and implemented by the United States Department of Labor. EduCare participants shall be compensated at a weekly rate that is 75% of the weekly rate paid to non-EduCare participants; (2) Do not provide more than 10 hours of child care per day, or more than 45 hours of child care in any one week. EduCare participants may not provide more than 10 hours of child care per day or more than 30 hours of child care in any one week; (3) Receive a minimum of one and one half days off per week in addition to one complete weekend off each month; and (4) Receive two weeks of paid vacation. (k) Educational component. (1) Require that during their initial period of program participation, all EduCare au pair participants complete not less than 12 semester hours (or their equivalent) of academic credit in formal educational settings at accredited U.S. post-secondary institutions and that all other au pair participants complete not less than six semester hours (or their equivalent) of academic credit in formal educational settings at accredited U.S. post-secondary institutions. As a condition of program participation, host family participants must agree to facilitate the enrollment and attendance of au pairs in accredited U.S. post secondary institutions and to pay the cost of such academic course work in an amount not to exceed $1,000 for EduCare au pair participants and in an amount not to exceed $500 for all other au pair participants. (2) Require that during any extension of program participation, all participants ( i.e. (i) For a nine or 12-month extension, all au pair participants and host families shall have the same obligation for coursework and payment therefore as is required during the initial period of program participation. (ii) For a six-month extension, EduCare au pair participants must complete not less than six semester hours (or their equivalent) of academic credit in formal educational settings at accredited U.S. post-secondary institutions. As a condition of participation, host family participants must agree to facilitate the enrollment and attendance of au pairs at accredited U.S. post secondary institutions and to pay the cost of such academic coursework in an amount not to exceed $500. All other au pair participants must complete not less than three semester hours (or their equivalent) of academic credit in formal educational settings at accredited U.S. post-secondary institutions. As a condition of program participation, host family participants must agree to facilitate the enrollment and attendance of au pairs at accredited U.S. post secondary institutions and to pay the cost of such academic coursework in an amount not to exceed $250. (l) Monitoring. (1) Require monthly personal contact by the local counselor with each au pair and host family for which the counselor is responsible. Counselors shall maintain a record of this contact; (2) Require quarterly contact by the regional counselor with each au pair and host family for which the counselor is responsible. Counselors shall maintain a record of this contact; (3) Require that all local and regional counselors are appraised of their obligation to report unusual or serious situations or incidents involving either the au pair or host family; and (4) Promptly report to the Department of State any incidents involving or alleging a crime of moral turpitude or violence. (m) Reporting requirements. (1) A summation of the results of an annual survey of all host family and au pair participants regarding satisfaction with the program, its strengths and weaknesses; (2) A summation of all complaints regarding host family or au pair participation in the program, specifying the nature of the complaint, its resolution, and whether any unresolved complaints are outstanding; (3) A summation of all situations which resulted in the placement of au pair participant with more than one host family; (4) A report by a certified public accountant, conducted pursuant to a format designated by the Department of State, attesting to the sponsor's compliance with the procedures and reporting requirements set forth in this subpart; (5) A report detailing the name of the au pair, his or her host family placement, location, and the names of the local and regional organizational representatives; and (6) A complete set of all promotional materials, brochures, or pamphlets distributed to either host family or au pair participants. (n) Sanctions. (1) Comply with the au pair placement requirements set forth in paragraph (e) of this section; (2) Satisfy the selection requirements for each individual au pair as set forth in paragraph (d) of this section; and (3) Enforce and monitor host family's compliance with the stipend and hours requirements set forth in paragraph (j) of this section. (o) Extension of program. i.e. (1) Au pair's name, SEVIS identification number, date of birth, the length of the extension period being requested; (2) Verification that the au pair completed the educational requirements of the initial program; and (3) Payment of the required non-refundable fee (see 22 CFR 62.90) via Pay.gov. (p) Repeat participation. [60 FR 8552, Feb. 15, 1995, as amended at 62 FR 34633, June 27, 1997; 64 FR 53930, Oct. 5, 1999. Redesignated at 64 FR 54539, Oct. 7, 1999; 66 FR 43087, Aug. 17, 2001; 71 FR 33238, June 8, 2006; 73 FR 34862, June 19, 2008] § 62.32 Summer work travel. (a) Introduction. (b) Purpose. (c) Duration of participation. (d) Participant screening and selection. (1) Conduct and document interviews with potential participants either in-person or by video-conference; (2) Verify proficiency in conversational English and reading comprehension through either recognized language tests administered by academic institutions or English language schools or through the required documented interviews; (3) Select applicants who demonstrate their intention to participate in the cultural aspects of the Summer Work Travel Program. (4) Confirm that at the time of application, applicants (including final year students) are enrolled full-time and pursuing studies at accredited post-secondary, classroom-based, academic institutions physically located outside of the United States and have successfully completed at least one semester, or equivalent, of post-secondary academic study. (e) Participant orientation. (1) A copy of the Department of State's Summer Work Travel Participant Letter; (2) A copy of the Department of State's Summer Work Travel Program Brochure; (3) The Department of State's toll-free help line telephone number; (4) The sponsor's 24/7 immediate contact telephone number; (5) Information advising participants of their obligations to notify their sponsors within ten days after they arrive in the United States and within ten days after they initially secure or change residences; (6) Information advising participants that they may not begin working at initial, replacement, or additional jobs until their sponsors have verified the terms and conditions of such employment and fully vetted their host employers as set forth at paragraph (n) of this section; (7) For participants with jobs secured prior to departing from selected home countries, documentation explaining the terms and conditions of such jobs and providing information about available housing and transportation to and from work; (8) Information explaining the cultural component of the Summer Work Travel Program, including guidance on how to best experience U.S. culture and/or descriptions of cultural opportunities arranged by the sponsor; and (9) Information explaining that sponsors will terminate the programs of participants who fail to comply with enumerated program regulations ( i.e. (f) Cultural exchange. (2) Sponsors must ensure that all participants have opportunities to engage in cultural activities or events outside of work by planning, initializing, and carrying out events or other activities that provide participants' exposure to U.S. culture. (g) Participant placement. (2) Sponsors must confirm initial, replacement, and additional jobs placements of all Summer Work Travel Program participants before participants may start work by verifying, at a minimum, the terms and conditions of such employment and fully vetting their host employers as set forth at paragraph (n) of this section. Once participants have arrived in the United States and identified initial, replacement, or additional jobs, sponsors must vet such jobs within 72 hours. (3) Sponsors must not pose obstacles to job changes, but must offer reasonable assistance to participants wishing to change jobs regardless of whether their jobs were secured by the sponsors (direct-placed) or by the participants (self-placed). (4) Sponsors may place participants only in jobs that: (i) Are seasonal or temporary as defined in paragraph (b) of this section; and (ii) Provide opportunities for regular communication and interaction with U.S. citizens and allow participants to experience U.S. culture. (5) Sponsors may not place participants in jobs: (i) That require licensing; (ii) That are on the program exclusion list set forth at paragraph (h) of this section; or (iii) For which there is another specific J visa category (e.g., Camp Counselor, Trainee, Intern). (6) Sponsors may not place participants with staffing agencies unless the placements meet the following three criteria: (i) Participants must be employees of and paid by the staffing agencies; (ii) Staffing agencies must provide full-time, primary, on-site supervision of the participants; (iii) Staffing agencies must effectively control the work sites, e.g., have hands-on management responsibility for the participants. (7) Sponsors may not place participants with employers that fill non-seasonal or non-temporary job openings with exchange visitors with staggered vacation schedules. (8) Sponsors must use extra caution when placing students in positions at employers in lines of business that are frequently associated with trafficking persons (e.g., modeling agencies, housekeeping, janitorial services). (9) Sponsors must consider the availability of suitable, affordable housing (e.g., that meets local codes and ordinances) and reliable, affordable, and convenient transportation to and from work when making job placements. (i) If employers do not provide or arrange housing and/or transportation, or if participants decline employer-provided housing or transportation, sponsors must actively and immediately assist participants with arranging appropriate housing and transportation. (ii) If employers provide housing and/or transportation to and from work, job offers must include details of all such arrangements, including the cost to participants; whether such arrangements deduct such costs from participants' wages; and the market value of housing and/or transportation in accordance with the Fair Labor Standards Act regulations set forth at 29 CFR part 531, if they are considered part of the compensation packages. (10) For participants who are nationals of non-Visa Waiver Program countries and participants who are nationals of Visa Waiver Program countries with job placements screened in advance by the sponsors (direct placement) or jobs found by the participants (self-placement), prior to issuing Form DS-2019, sponsors must vet the potential employers as set forth at paragraph (n) of this section, confirm the terms and conditions of the job offers, and input complete and correct data into the Student and Exchange Visitor Information System (SEVIS) pursuant to the requirements set forth in § 62.70(f). (11) Sponsors of applicants who are nationals of Visa Waiver Program countries and who have not secured jobs prior to departing from their home countries must: (i) Ensure that such participants receive pre-departure information that explains how to seek employment and secure lodging in the United States, and clearly identifies the criteria for appropriate jobs set forth at paragraph (g) of this section and the categories of employment and positions that are on the program exclusion list set forth at paragraph (h) of this section; (ii) Ensure that such participants have sufficient financial resources to support themselves during their searches for employment; (iii) Assist participants who have not found suitable employment within one week of commencing their job searches; (iv) Instruct participants of their obligation to notify their sponsors when they obtain job offers (and that they cannot start such jobs until the sponsors vet them); and (v) Promptly ( i.e. (h) Program exclusions. (1) In positions that could bring notoriety or disrepute to the Exchange Visitor Program; (2) In sales positions that require participants to purchase inventory that they must sell in order to support themselves; (3) In domestic help positions in private homes (e.g., child care, elder care, gardener, chauffeur); (4) As pedicab or rolling chair drivers or operators; (5) As operators or drivers of vehicles or vessels for which drivers' licenses are required regardless of whether they carry passengers or not; (6) In positions related to clinical care that involves patient contact; (7) In any position in the adult entertainment industry (including, but not limited to jobs with escort services, adult book/video stores, and strip clubs); (8) In positions requiring work hours that fall predominantly between 10:00 p.m. and 6:00 a.m.; (9) In positions declared hazardous to youth by the Secretary of Labor at Subpart E of 29 CFR part 570; (10) In positions that require sustained physical contact with other people and/or adherence to the Centers for Disease Control and Prevention's Universal Blood and Body Fluid Precautions guidelines (e.g., body piercing, tattooing, massage, manicure); (11) In positions that are substantially commission-based and thus do not guarantee that participants will be paid minimum wage in accordance with federal and state standards; (12) In positions involved in gaming and gambling that include direct participation in wagering and/or betting; (13) In positions in chemical pest control, warehousing, catalogue/online order distribution centers; (14) In positions with travelling fairs or itinerant concessionaires; (15) In positions for which there is another specific J category (e.g., camp counselor, intern, trainee); or (16) After November 1, 2012, in positions in the North American Industry Classification System's (NAICS) Goods-Producing Industries occupational categories industry sectors 11, 21, 23, 31-33 numbers (set forth at http://www.bls.gov/iag/tgs/iag_index_naics.htm). (i) Participant compensation. (i) The applicable Federal, State, or Local Minimum Wage (including overtime); or (ii) Pay and benefits commensurate with those offered to their similarly situated U.S. counterparts. (2) Sponsors must demonstrate that participants are also compensated according to the above standards in the following (and similar) situations: (i) The host employers provide housing and/or transportation as part of participants' compensation, but the compensation package does not explain that the lower hourly wage reflects such benefits; or (ii) The employers compensate participants on a “piece” basis (e.g., number of rooms cleaned). If at the end of each pay period, the participant's earnings under the piece rate do not equal at least the amount the participant would have earned had the participant been paid the predominant local wage as provided in subparagraph (1), the participant's pay must be supplemented at that time so that the participant's earnings are at least as much as the required local wage as provided in subparagraph (1). (3) Sponsors must ensure that 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. (j) Monitoring. (1) Maintain, at a minimum, monthly personal contacts with program participants. Such contact may be in-person, by telephone, or via exchanges of electronic mail (including a response from the participant) and must be properly documented. Sponsors must promptly and appropriately address issues affecting the participants' health, safety, and welfare identified through such contacts; and (2) Provide appropriate assistance to participants on an as-needed basis and be available to participants (and host employers) to assist as facilitators, counselors, and information resources. (k) Internal controls. i.e. (l) Sponsors' use of third parties. (i) 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; (ii) Delineate the parties' respective responsibilities; (iii) Include annually updated price lists for Summer Work Travel Programs marketed by the foreign entities including itemizations of all costs charged to participants; (iv) Contain 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 outsourcing any core programmatic functions of screening and orientation covered by the agreement; and (v) Confirm that the foreign entities agree not to pay or provide incentives to employers in the United States to accept program participants for job placements. (2) If sponsors utilize domestic third party entities to assist in fulfilling the core programmatic functions of orientation and promoting mutual understanding, they must first obtain written and executed agreements with such third parties. Domestic third parties engaged by sponsors may not engage or subcontract any other parties to assist in fulfilling these core programmatic functions. Only host employers may assist in providing orientation to program participants. At a minimum, these written agreements must: (i) 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; and (ii) Delineate the parties' respective responsibilities. (m) Vetting third party foreign entities. i.e. i.e. (1) Proof of business licensing and/or registration to enable them to conduct business in the venue(s) where they operate; (2) Disclosure of any previous bankruptcy and of any pending legal actions or complaints against such an entity on file with local authorities; (3) Written references from three current business associates or partner organizations; (4) Summary of previous experience conducting J-1 Exchange Visitor Program activities; (5) Criminal background check reports (including original and English translations) for all owners and officers of the organizations; (6) A copy of the sponsor-approved advertising materials the foreign entities intend to use to market the sponsors' programs (including original and English translations); and (7) A copy of the foreign entity's notarized recent financial statements. (n) Vetting domestic third party entities. (1) Sponsors must ensure that third parties assisting in promoting mutual understanding ( i.e. (2) Sponsors must ensure that potential host employers are legitimate and reputable businesses by, at a minimum: (i) Making direct contact in person or by telephone with potential employers to verify the business owners' and/or managers' names, telephone numbers, email addresses, street addresses, and professional activities; (ii) Utilizing publicly available information, for example, but not limited to, state registries, advertisements, brochures, Web sites, and/or feedback from prior participants to confirm that all job offers have been made by viable business entities; (iii) Obtaining potential host employers' Employer Identification Numbers and copies of their current business licenses; and (iv) Verifying the potential host employers' 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. (3) At the beginning of each placement season, sponsors must confirm: (i) The number of job placements available with host employers; (ii) That host employers will not displace domestic U.S. workers at worksites where they will place program participants; and (iii) That host employers have not experienced layoffs in the past 120 days and do not have workers on lockout or on strike. (o) Host employer cooperation. (1) Make good faith efforts to provide participants the number of hours of paid employment per week as identified on their job offers and agreed to when the sponsors vetted the jobs; (2) Pay eligible participants for overtime worked in accordance with applicable State or Federal law; (3) 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 positions ahead of their planned departures; (4) Contact sponsors immediately in the event of any emergency involving participants or any situations that impact their health, safety, or welfare; and (5) In those instances when the employer provides housing or transportation, agree to provide suitable and acceptable accommodations and/or reliable, affordable, and convenient transportation. (p) Reporting requirements. (1) Submit placement reports on January 31 and July 31 of each year, identifying all Summer Work Travel Program participants who began exchange programs during the preceding six-month period. The reports must include the exchange visitors' names, SEVIS Identification Numbers, countries of citizenship or legal permanent residence, names of host employers, and the length of time it took non-pre-placed participants to secure job placements. For participants who change jobs or have multiple jobs during their programs, the report must include all such placements; (2) Maintain listings of all active foreign agents or partners on the Foreign Entity Report by promptly informing the Department of any additions, deletions, or changes to foreign entity information by submitting new versions of their reports that reflect all current information. Reports must include the names, addresses, and contact information, including physical and mailing addresses, telephone numbers, and email addresses of all foreign entities that assist the sponsors in fulfilling the provision of core programmatic services. Sponsors must utilize only vetted foreign entities identified in the Foreign Entity Report to assist in fulfilling the sponsors' core programmatic functions outside the United States, and they must inform the Department promptly when and why they have cancelled contractual arrangements with foreign entities; and (3) Submit annual participant price lists to the Department on January 31 of each year in a format approved by the Department to provide itemized breakdowns of the costs that exchange visitors must pay to both foreign agents and sponsors to participate in the Summer Work Travel Program on a country-specific (and, if appropriate, foreign agent-specific) basis. [77 FR 27609, May 11, 2012] Subpart C—Status of Exchange Visitors § 62.40 Termination of program participation. (a) A sponsor shall terminate an exchange visitor's participation in its program when the exchange visitor: (1) Fails to pursue the activities for which he or she was admitted to the United States; (2) Is unable to continue, unless otherwise exempted pursuant to these regulations; (3) Violates the Exchange Visitor Program regulations and/or the sponsor's rules governing the program, if, in the sponsor's opinion, termination is warranted; (4) Willfully fails to maintain the insurance coverage required under § 62.14 of these regulations; or (b) 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. (a) 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. (b) 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-2019 reflecting such change of category and provide a notification copy of such form to the Department of State. (c) 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. (d) 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. (e) 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. (a) 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. (b) The responsible officer of the program to which the exchange visitor is transferring: (1) Shall verify the exchange visitor's visa status and program eligibility; (2) Execute the Form DS-2019; and (3) Secure the written release of the current sponsor. (c) Upon return of the completed Form DS-2019, the responsible officer of the program to which the exchange visitor has transferred shall provide: (1) The exchange visitor his or her copy of the Form DS-2019; and (2) A notification copy of such form to the Department of State. § 62.43 Extension of Program. (a) 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. (b) 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. (c) 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: (1) Adequately document the reasons which justify such extension; and (2) Secure the prior written approval of the Department of State for such extension. (d) 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. (a) Definitions. You Exchange visitor Fails or failed maintain valid program status Unauthorized employment i.e. We, our, or us (b) Who is authorized to correct minor or technical infractions of the Exchange Visitor Program regulations? i.e., (2) 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. (3) 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. (4) 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. (c) 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? (1) Failure to extend the Form DS-2019 in a timely manner ( i.e. (2) 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; (3) 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. (4) You correct the record status quo ante (i) Forms DS-2019 should be: (A) Issued to show continued authorized stay without interruption; (B) Marked in the “purpose” box with the appropriate purpose ( i.e., (C) Dated as of the date the Form was actually executed; and, (D) Submitted to the Department of State in the same way as any other notification. (ii) Letters or other authorization documents should be: (A) Issued according to the regulations in this part appropriate to the category and the activity; (B) Marked or annotated to show “correct the record,” (C) Dated as of the date the letter or document was actually executed; and, (D) 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. (d) How do you determine if an infraction, other than those examples listed above is a technical or minor infraction? (1) 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? (2) Has the exchange visitor, by his or her actions, failed to maintain, at all relevant times, his or her original program objective? (3) Has the exchange visitor willfully failed to comply with our insurance coverage requirements (§ 62.14)? (4) Has the exchange visitor engaged in unauthorized employment, as that term is defined in paragraph (a) of this section? (5) Has the exchange visitor category been involuntarily suspended or terminated from his or her program? (6) 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? (7) Has the exchange visitor failed to pay the fee mandated by Public Law 104-208 (the “CIPRIS” fee)? (8) 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. (e) Which violations or infractions do we consider to be substantive ones requiring you to apply to us for reinstatement? (1) Failure to maintain valid program status for more than 120 days after the end date on the current Form DS-2019; (2) 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. (f) 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? (1) Knowingly or willfully failed to obtain or maintain the required health insurance (§ 62.14) at all times while in the United States; (2) Engaged in unauthorized employment, as that term is defined in paragraph (a) of this section; (3) Been suspended or terminated from the most recent exchange visitor program; (4) Failed to maintain valid program status for more than 270 calendar days; (5) 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, (6) Failed to pay the fee mandated by Public Law 104-208 (the “CIPRIS” fee.) (g) What if you cannot determine which category (technical, substantive, or non-reinstatable) the violation or infraction falls within? (h) 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? (i) All copies of the exchange visitor's Forms DS-2019 issued to date; (ii) A new, completed Form DS-2019, showing in Block 3 the date of the period for which reinstatement is sought, i.e. (iii) A copy of the receipt showing that the Public Law 104-208 fee has been paid; and, (iv) A written statement (and documentary information supporting such statement): (A) 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, (B) 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, (C) Showing that it would be an unusual hardship to the exchange visitor if we do not grant the reinstatement to valid program status. (2) 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: (i) Copies of all the exchange visitor's Forms DS-2019 issued to date; (ii) A new, completed Form DS-2019, showing in Block 3 the date for which reinstatement is sought, i.e. (iii) A copy of the receipt showing that the Pub. L. 104-208 fee has been paid; and, (iv) A written statement (together with documentary evidence supporting such statement): (A) 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, (B) 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, (C) Showing that it would be an unusual hardship to the exchange visitor if we do not grant the reinstatement to valid program status. (i) How will we notify you of our decision on your request for reinstatement? (2) If we approve your request for reinstatement, we will notify you: (i) 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 (ii) By returning the new Form DS-2019 for the exchange visitor. (j) How long will it take us to act on your request for reinstatement? and (k) Are you required to notify us each time that you correct a record? [64 FR 44126, Aug. 13, 1999. Redesignated at 64 FR 54539, Oct. 7, 1999] Subpart D—Sanctions § 62.50 Sanctions. (a) Reasons for sanctions. (1) Violated one or more provisions of this Part; (2) Evidenced a pattern of failure to comply with one or more provisions of this Part; (3) Committed an act of omission or commission, which has or could have the effect of endangering the health, safety, or welfare of an exchange visitor; or (4) Otherwise conducted its program in such a way as to undermine the foreign policy objectives of the United States, compromise the national security interests of the United States, or bring the Department or the Exchange Visitor Program into notoriety or disrepute. (b) Lesser sanctions. (i) A written reprimand to the sponsor, with a warning that repeated or persistent violations of the regulations in this part may result in suspension or revocation of the sponsor's Exchange Visitor Program designation, or other sanctions as set forth herein; (ii) A declaration placing the exchange visitor sponsor's program on probation, for a period of time determined by the Department in its discretion, signifying a pattern of violation of regulations such that further violations could lead to suspension or revocation of the sponsor's Exchange Visitor Program designation, or other sanctions as set forth herein; (iii) A corrective action plan designed to cure the sponsor's violations; or (iv) Up to a 15 percent (15%) reduction in the authorized number of exchange visitors in the sponsor's program or in the geographic area of its recruitment or activity. If the sponsor continues to violate the regulations in this Part, the Department may impose subsequent additional reductions, in ten-percent (10%) increments, in the authorized number of exchange visitors in the sponsor's program or in the geographic area of its recruitment or activity. (2) Within ten (10) days after service of the written notice to the sponsor imposing any of the sanctions set forth in paragraph (b)(1) of this section, the sponsor may submit to the Office a statement in opposition to or mitigation of the sanction. Such statement may not exceed 20 pages in length, double-spaced and, if appropriate, may include additional documentary material. Sponsors shall include with all documentary material an index of the documents and a summary of the relevance of each document presented. Upon review and consideration of such submission, the Office may, in its discretion, modify, withdraw, or confirm such sanction. All materials the sponsor submits will become a part of the sponsor's file with the Office. (3) The decision of the Office is the final Department decision with regard to lesser sanctions in paragraphs (b)(1)(i) through (iv) of this section. (c) Suspension. (2)(i) Within five (5) days after service of such notice, the sponsor may submit to the Principal Deputy Assistant Secretary for Educational and Cultural Affairs (Principal Deputy Assistant Secretary, or PDAS) a statement in opposition to the Office's decision. Such statement may not exceed 20 pages in length, double-spaced and, if appropriate, may include additional documentary material. A sponsor shall include with all documentary material an index of the documents and a summary of the relevance of each document presented. The submission of a statement in opposition to the Office's decision will not serve to stay the effective date of the suspension. (ii) Within five (5) days after receipt of, and upon consideration of, such opposition, the Principal Deputy Assistant Secretary shall confirm, modify, or withdraw the suspension by serving the sponsor with a written decision. Such decision must specify the grounds therefore, and advise the sponsor of the procedures for requesting review of the decision. (iii) All materials the sponsor submits will become a part of the sponsor's file with the Office. (3) The procedures for review of the decision of the Principal Deputy Assistant Secretary are set forth in paragraphs (d)(3) and (4), (g), and (h) of this section, except that the submission of a request for review will not serve to stay the suspension. (d) Revocation of designation. (2)(i) Within ten (10) days after service of such written notice of intent to revoke designation, the sponsor may submit to the Principal Deputy Assistant Secretary a statement in opposition to or mitigation of the proposed sanction, which may include a request for a meeting. (ii) The submission of such statement will serve to stay the effective date of the proposed sanction pending the decision of the Principal Deputy Assistant Secretary. (iii) The Principal Deputy Assistant Secretary shall provide a copy of the statement in opposition to or mitigation of the proposed sanction to the Office. The Office shall submit a statement in response, and shall provide the sponsor with a copy thereof. (iv) A statement in opposition to or mitigation of the proposed sanction, or statement in response thereto, may not exceed 25 pages in length, double-spaced and, if appropriate, may include additional documentary material. Any additional documentary material may include an index of the documents and a summary of the relevance of each document presented. (v) Upon consideration of such statements, the Principal Deputy Assistant Secretary shall modify, withdraw, or confirm the proposed sanction by serving the sponsor with a written decision. Such decision shall specify the grounds therefor, identify its effective date, advise the sponsor of its right to request a review, and identify the procedures for requesting such review. (vi) All materials the sponsor submits will become a part of the sponsor's file with the Office. (3) Within ten (10) days after service of such written notice of the decision of the Principal Deputy Assistant Secretary, the sponsor may submit a request for review with the Principal Deputy Assistant Secretary. The submission of such request for review will serve to stay the effective date of the decision pending the outcome of the review. (4) Within ten (10) days after receipt of such request for review, the Department shall designate a panel of three Review Officers pursuant to paragraph (g) of this section, and the Principal Deputy Assistant Secretary shall forward to each panel member all notices, statements, and decisions submitted or provided pursuant to the preceding paragraphs of paragraph (d) of this section. Thereafter, the review will be conducted pursuant to paragraphs (g) and (h) of this section. (e) Denial of application for redesignation. (f) Responsible officers. (g) Review officers. (h) Review. (1) Upon its designation, the panel of Review Officers shall promptly notify the Principal Deputy Assistant Secretary and the sponsor in writing of the identity of the Review Officers and the address to which all communications with the Review Officers shall be directed. (2) Within fifteen (15) days after service of such notice, the sponsor may submit to the Review Officers four (4) copies of a statement identifying the grounds on which the sponsor asserts that the decision of the Principal Deputy Assistant Secretary should be reversed or modified. Any such statement may not exceed 25 pages in length, double-spaced; and any attachments thereto shall not exceed 50 pages. A sponsor shall include with all attachments an index of the documents and a summary of the relevance of each document presented. The Review Officers shall transmit one (1) copy of any such statement to the Principal Deputy Assistant Secretary, who shall, within fifteen (15) days after receipt of such statement, submit four (4) copies of a statement in response. Any such statement may not exceed 25 pages in length, double-spaced; and any attachments thereto shall not exceed 50 pages. The Principal Deputy Assistant Secretary shall include with all attachments an index of the documents and a summary of the relevance of each document presented. The Review Officers shall transmit one (1) copy of any such statement to the sponsor. No other submissions may be made unless specifically authorized by the Review Officers. (3) If the Review Officers determine, in their sole discretion, that a meeting for the purpose of clarification of the written submissions should be held, they shall schedule a meeting to be held within twenty (20) days after the receipt of the last written submission. The meeting will be limited to no more than two (2) hours. The purpose of the meeting will be limited to the clarification of the written submissions. No transcript may be taken and no evidence, either through documents or by witnesses, will be received. The sponsor and the representative of the Principal Deputy Assistant Secretary may attend the meeting on their own behalf and may be accompanied by counsel. (4) Following the conclusion of the meeting, or the submission of the last written submission if no meeting is held, the Review Officers shall promptly review the submissions of the sponsor and the Principal Deputy Assistant Secretary, and shall issue a signed written decision within thirty (30) days, stating the basis for their decision. A copy of the decision will be delivered to the Principal Deputy Assistant Secretary and the sponsor. (5) If the Review Officers decide to affirm or modify the sanction, a copy of their decision shall also be delivered to the Department of Homeland Security and to the Bureau of Consular Affairs of the Department of State. The Office, at its discretion, may further distribute the decision. (6) Unless otherwise indicated, the sanction, if affirmed or modified, is effective as of the date of the Review Officers' written decision, except in the case of suspension of program designation, which is effective as of the date specified pursuant to paragraph (c) of this section. (i) Effect of suspension, revocation, or denial of redesignation. (j) Miscellaneous Computation of time. (2) Service of notice to sponsor. [72 FR 72247, Dec. 20, 2007, as amended at 86 FR 50994, Sept. 14, 2021] Subpart E—Termination and Revocation of Programs Source: 72 FR 72249, Dec. 20, 2007, unless otherwise noted. § 62.60 Termination of designation Designation will be terminated upon the occurrence of any of the circumstances set forth in this section. (a) Voluntary termination. (b) Inactivity. (c) Failure to file annual reports. (d) Failure to file an annual management audit. (e) Change in ownership or control. (1) With respect to a for-profit corporation, a major change in ownership or control is deemed to have occurred when one third (33.33%) or more of its stock is sold or otherwise transferred within a 12-month period; (2) With respect to a not-for-profit corporation, a major change of control is deemed to have occurred when 51 percent (51%) or more of the board of trustees or other like body, vested with its management, is replaced within a 12-month period. (f) Non-compliance with other requirements. (g) Failure to apply for redesignation. § 62.61 Revocation. The Department may terminate a sponsor's program designation by revocation for cause as specified in § 62.50. Such sponsor may not apply for a new designation for five (5) years following the effective date of the revocation. § 62.62 Termination of, or denial of redesignation for, a class of designated programs. The Department may, in its sole discretion, determine that a class of designated programs compromises the national security of the United States or no longer furthers the public diplomacy mission of the Department of State. Upon such a determination, the Office shall: (a) Give all sponsors of such class of designated programs not less than thirty (30) days' written notice of the revocation of Exchange Visitor Program designations for such programs, specifying therein the grounds and effective date for such revocations; or (b) Give any sponsor of such class of designated programs not less than thirty (30) days' written notice of its denial of the sponsor's application for redesignation, specifying therein the grounds for such denial and effective date of such denial. Revocation of designation or denial of redesignation on the above-specified grounds for a class of designated programs is the final decision of the Department. § 62.63 Responsibilities of the sponsor upon termination or revocation. Upon termination or revocation of its program designation, a sponsor must: (a) Fulfill its responsibilities to all exchange visitors who are in the United States at the time of the termination or revocation; and (b) Notify exchange visitors who have not entered the United States that the program has been terminated or revoked, unless a transfer to another designated program can be obtained. Subparts F-G [Reserved] Appendixes A-D to Part 62 [Reserved] Appendix E to Part 62—Unskilled Occupations For purposes of 22 CFR 514.22(c)(1), the following are considered to be “unskilled occupations”: (1) Assemblers (2) Attendants, Parking Lot (3) Attendants (Service Workers such as Personal Services Attendants, Amusement and Recreation Service Attendants) (4) Automobile Service Station Attendants (5) Bartenders (6) Bookkeepers (7) Caretakers (8) Cashiers (9) Charworkers and Cleaners (10) Chauffeurs and Taxicab Drivers (11) Cleaners, Hotel and Motel (12) Clerks, General (13) Clerks, Hotel (14) Clerks and Checkers, Grocery Stores (15) Clerk Typist (16) Cooks, Short Order (17) Counter and Fountain Workers (18) Dining Room Attendants (19) Electric Truck Operators (20) Elevator Operators (21) Floorworkers (22) Groundskeepers (23) Guards (24) Helpers, any industry (25) Hotel Cleaners (26) Household Domestic Service Workers (27) Housekeepers (28) Janitors (29) Key Punch Operators (30) Kitchen Workers (31) Laborers, Common (32) Laborers, Farm (33) Laborers, Mine (34) Loopers and Toppers (35) Material Handlers (36) Nurses' Aides and Orderlies (37) Packers, Markers, Bottlers and Related (38) Porters (39) Receptionists (40) Sailors and Deck Hands (41) Sales Clerks, General (42) Sewing Machine Operators and Handstitchers (43) Stock Room and Warehouse Workers (44) Streetcar and Bus Conductors (45) Telephone Operators (46) Truck Drivers and Tractor Drivers (47) Typist, Lesser Skilled (48) Ushers, Recreation and Amusement (49) Yard Workers Appendix F to Part 62—Information To Be Collected on Secondary School Student Host Family Applications Basic Family Information: a. Host Family Member—Full name and relationship (children and adults) either living full-time or part-time in the home or who frequently stay at the home) b. Date of Birth (DOB) of all family members c. Street Address d. Contact information (telephone; e-mail address) of host parents e. Employment—employer name, job title, and point of contact for each working resident of the home f. Is the residence the site of a functioning business? (e.g., daycare, farm) g. Description of each household member (e.g., level of education, profession, interests, community involvement, and relevant behavioral or other characteristics of such household members that could affect the successful integration of the exchange visitor into the household) h. Has any member of your household ever been charged with any crime? Household Pets: a. Number of Pets b. Type of Pets Financial Resources: a. Average Annual Income Range: Less than $25,000; $25,000-$35,000; $35,000-$45,000; $45,000-$55,000; $55,000-$65,000; $65,000-$75,000; and $75,000 and above. Note: The form must include a statement stating that: “The income data collected will be used solely for the purposes of ensuring that the basic needs of the exchange students can be met, including three quality meals and transportation to and from school activities” b. Describe if anyone residing in the home receives any kind of public assistance (financial needs-based government subsidies for food or housing) c. Identify those personal expenses expected to be covered by the student Diet: a. Does anyone in the family follow any dietary restrictions? (Y/N) If yes, describe: b. Do you expect the student to follow any dietary restrictions? (Y/N) If yes, describe: c. Would you feel comfortable hosting a student who follows a particular dietary restriction (ex. Vegetarian, Vegan, etc.)? (Y/N) d. Would the family provide three (3) square meals daily? High School Information: a. Name and address of school (private or public school) b. Name, address, e-mail and telephone number of school official c. Approximate size of the school student body d. Approximate distance between the school and your home e. Approximate start date of the school year f. How will the exchange student get to the school (e.g. bus, carpool, walk)? g. Would the family provide special transportation for extracurricular activities after school or in the evenings, if required? h. Which, if any, of your family's children, presently attend the school in which the exchange visitor is enrolled? If applicable list sports/clubs/activities, if any, your child(ren) participate(s) in at the school i. Does any member of your household work for the high school in a coaching/teaching/or administrative capacity? j. Has any member of your household had contact with a coach regarding the hosting of an exchange student with particular athletic ability? If yes, please describe the contact and sport. Community Information: a. In what type of community do you live (e.g.: Urban, Suburban, Rural, Farm) b. Population of community c. Nearest Major City (Distance and population) d. Nearest Airport (Distance) e. City or town website f. Briefly describe your neighborhood and community g. What points of interest are near your area (parks, museums, historical sites)? h. Areas in or near neighborhood to be avoided? Home Description: a. Describe your type of home (e.g., single family home, condominium, duplex, apartment, mobile home) and include photographs of the host family home's exterior and grounds, kitchen, student's bedroom, student's bathroom, and family and living areas. b. Describe Primary Rooms and Bedrooms c. Number of Bathrooms d. Will the exchange student share a bedroom? (Y/N) If yes, with which household resident? e. Describe the student's bedroom f. Describe amenities to which the student has access g. Utilities Family Activities: a. Language spoken in home b. Please describe activities and/or sports each family member participates in: (e.g., camping, hiking, dance, crafts, debate, drama, art, music, reading, soccer, baseball, horseback riding) c. Describe your expectations regarding the responsibilities and behavior of the student while in your home (e.g., homework, household chores, curfew (school night and weekend), access to refrigerator and food, drinking of alcoholic beverages, driving, smoking, computer/Internet/E-Mail) Would you be willing voluntarily to inform the exchange visitor in advance of any religious affiliations of household members? (Y/N) Would any member of the household have difficulty hosting a student whose religious beliefs were different from their own? (Y/N) Note: A host family may want the exchange visitor to attend one or more religious services or programs with the family. The exchange visitor cannot be required to do so, but may decide to experience this facet of U.S. culture at his or her discretion. How did you learn about being a host family? References: [75 FR 65984, Oct. 27, 2010]

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