Federal Register: September 22, 2009 (Volume 74, Number 182)

DOCID: fr22se09-16 FR Doc E9-22822

DEPARTMENT OF STATE

State Department

CFR Citation: 22 CFR Part 62

RIN ID: RIN 1400-AC36

NOTICE: PROPOSED RULES

DOCID: fr22se09-16

DOCUMENT ACTION: Proposed rule with request for comment.

SUBJECT CATEGORY:

Exchange Visitor Program--General Provisions

DATES: The Department will accept comments from the public up to November 23, 2009.

DOCUMENT SUMMARY:

The Department of State is proposing to amend the General Provisions (Subpart A) of the existing Exchange Visitor Program regulations. This section of the regulations establishes the procedures for designated Program sponsors and addresses overall Program administration. It provides the overall context in which to interpret all other provisions of the Exchange Visitor Program regulations. The General Provisions have not been revised in whole in over 15 years, despite modifications of many of the categoryspecific regulations and changes in technology.

The proposed regulations encompass technical changes to the General Provisions and address public diplomacy and foreign policy concerns, including the Department's ability to monitor Program sponsors and to ensure the safety and wellbeing of foreign nationals who come to the United States as Program participants. The amendment of this section incorporates changes made to the regulations since the last update in 1993. It ties all regulatory requirements together and consolidates the requirements set forth in the SEVIS reporting requirements regulations into the General Provisions.

Certain definitions have been added, made clearer or deleted. This rule also proposes new requirements regarding applications for designation and redesignation, a change in the required amount of health insurance coverage, the identification of an Employer Identification Number (EIN) and Dun & Bradstreet numbers by sponsors and third party entities, the collection of employment authorization information and validation of the SEVIS record on an exchange visitor's accompanying spouse and dependents, criminal background checks on all Responsible Officers and Alternate Responsible Officers, and the implementation of management audits across all categories under the Private Sector Programs Division of the Office of Designation. The Student and Exchange Visitor Information System (SEVIS) currently in place is being redesigned. The redesign, SEVIS II, has no immediate impact on this proposed rule. Prior to the implementation of SEVIS II the Department of Homeland Security will introduce any new requirements or procedures to the public through a proposed rule with a comment period.

SUMMARY:

Exchange Visitor Program – General Provisions

SUPPLEMENTAL INFORMATION

The Department of State is proposing modifications to Sec. 62.2 through Sec. 62.16 of the Code of Federal Regulations, Title 22: Foreign Relations, Part 62Exchange Visitor Program (Subpart AGeneral Provisions). Subpart A governs the designation of Program sponsors and addresses overall Program administration. It provides the overall context in which all remaining provisions of Part 62 are interpreted. Subpart A has remained largely unchanged since 1993, when the predecessor agency with oversight of the Exchange Visitor Program, the United States Information Agency (USIA), substantially rewrote all of the regulations governing the Program. (See 58 FR 15196, Mar. 19, 1993, as amended at 59 FR 34761, July 7, 1994, redesignated at 64 FR 54539, Oct. 7, 1999.) In the intervening 15 years, the Department of State modified regulations governing certain categories of exchange visitors and added new categories. New regulations governing the trainee category were published in 2007. Specialty and nonspecialty training were eliminated and new trainee regulations implemented. A new category, Intern, was created. A subcategory of the College/University Student program, Student Intern, was also put in place for use by the academic community.

The amendment of this section incorporates changes to the regulations since the last update in 1993, including the change in the period of redesignation which, with the passage of the Enhanced Border Security and Visa Entry Reform Act of 2002, Part (b)(1) (Section 502), was changed from every five years to every two years. The updates are important because they tie all regulatory requirements together, ensuring that the regulations are clear and that all sponsors understand and follow the same requirements in the administration of their designated exchange visitor programs. SEVIS is being redesigned. The redesign, SEVIS II, has no immediate impact on this proposed rule. Prior to implementation of SEVIS II, the Department of Homeland Security will introduce any new requirements or procedures to the public through a proposed rule with a comment period.

To strengthen program oversight, the implementation of management audits for all private sector program sponsors, as currently utilized in the Au Pair
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Program, are proposed. A management audit is a review of a sponsor's internal controls. The audit identifies weaknesses in operating procedures in the conduct of an organization's business and in meeting regulatory requirements in the administration of their exchange visitor program. The Department has employed an almost fully staffed Compliance Office to monitor the extent to which the nearly 1,500 designated sponsors comply with the Exchange Visitor Program regulations. Still it lacks all the tools necessary to perform timely, statistically valid, and repeatable assessments of the regulatory compliance of the sponsors of the ``high risk'' categories of exchange, much less the entire sponsor community. The high risk categories are the secondary school student, au pair, camp counselor, summer work travel, intern, trainee and teacher. They are of high risk because they involve placing young adults in homes of strangers, placing young children in the care of foreign nationals, or the category is at risk of being abused and used as ordinary work or employment programs rather than the educational and cultural exchange programs as intended.

Through these management audits, the Department will be able to identify those sponsors who are not complying with the regulations. Equally important, the results of these audits will provide a framework that will facilitate the application of measured sanctions. That is, with a better understanding of the range of noncompliance within a given category, the Department can impose appropriate sanctions while limiting the risk that it will be accused of being arbitrary or capricious. Sponsors would be required to engage independent auditors to perform these audits annually, reviewing internal operating procedures of the sponsor and the files of a statistically valid sampling of a sponsor's program participants. The estimated cost of this new requirement to program sponsors is between $6,000 and $10,000. The data collection required for management audit templates is within the scope of existing data collections (see OMB 14050147, Form DS 7000, Catalog of Information Collection Requirements under 22 CFR Part 62, the Exchange Visitor Program (SEVIS)).

This proposed rule also includes a new provision requiring that all new applicants for sponsor designation undergo a site visit prior to designation. Such site visits, to be conducted by the Department of State or a third party on its behalf, will ensure an entity has the facilities, staff and equipment necessary to conduct an exchange program. Onsite reviews of existing sponsors may occur at the discretion of the Department. The applicants and/or sponsors will bear the cost of these reviews. The site visits and onsite reviews are a critical monitoring tool for ensuring data integrity and for ensuring the health, safety and welfare of Exchange Visitor Program participants. The cost will be determined by the required biannual user fee study. The Department of State anticipates a fee similar to that of the DHS site visit fee of $655, but will not commit to any amount until the results of the user fee study have been analyzed.

The Department of State also proposes to require potential Responsible Officers (``RO'') and Alternate Responsible Officers (``ARO'') to undergo a criminal background check. This requirement is reflective of the importance of the role of such individuals within sponsor organizations and their rights of access to and manipulation of data for a controlled federal government database. ROs and AROs are the only individuals authorized to issue and sign Forms DS2019, the ``Certificate of Eligibility for Exchange Visitor (J1) Status.'' Foreign nationals wishing to participate in the Exchange Visitor Program must obtain Forms DS2019 in order to apply for a Jvisa to gain entry into the United States. Thus, it is of vital importance that the individuals who have access to a secured federal government database (SEVIS) be properly vetted. The Department of State introduced a criminal background check requirement in 2005 for individuals hosting secondary school student participants. Conducting annual criminal background checks on ROs and AROs will help to strengthen and protect the integrity of the Exchange Visitor Program and SEVIS. The costs imposed by this requirement on sponsor organizations are estimated to be minimal; $15 per RO and ARO which amounts to a maximum annual burden of $165 if a sponsor has the maximum level of designated officials.

The Department of State will not require applicants or sponsors to submit the results of the criminal background checks. Rather, the Chief Executive Officer, President, or other similar official must submit a certification that the organization's RO and AROs have undergone a criminal background check as supporting documentation. The sponsor or applicant must maintain these records and provide them to the Department upon request. The proposed regulation does not set specific requirements for the sponsors to follow with respect to report format, screening company, or assessment of results. It does anticipate, however, that a thorough criminal background check would provide management decision makers with sufficient information to determine whether ROs and AROs are citizens of the United States or lawful permanent residents, whether any record of past criminal activity should disqualify them from the positions, and whether there is pertinent information regarding their suitability for the proposed position such as creditworthiness or whether they have a criminal record that would prevent their appointment. These three areas of review are essential in order to determine suitability to hold positions that affect national security.

The Department of State requires that sponsors utilize the services of a bona fide background screener. While the Department does not sanction any particular screening organization, the only known membership organization of bona fide background screeners is the National Association of Professional Background Screeners (NAPBS). NAPBS has over 700 members (a list of which is located at http:// www.NAPBS.com) all of whom are expected to adhere to the NAPBS code of conduct governing background investigations and confidentiality. The conduct of a criminal background check does not confirm an individual's suitability to act as an RO or an ARO and is in no way a substitution for the sponsor's judgment in making such decisions.

The rule proposes, as a requirement of designation, that the minimum experience in international exchange for an organization or the proposed Responsible Officer be increased from one to three years. Many organizations/individuals with minimal experience have been applying for designation. These individuals/organizations have typically worked with designated sponsors in some capacity or have conducted short term exchanges, but lack the full realm of experience in all aspects of exchange activities, to include regulatory knowledge, critical to administering a successful exchange program. The administration of programs in some exchange visitor categories are more complex than others (i.e., au pairs and secondary school students which require locating and screening host families, schools, local and regional coordinators, close monitoring, etc.). It is believed that the requirement of three years experience is necessary to develop a strong and stable environment for the conduct of the Exchange Visitor Program. Applicants may demonstrate experience in international exchange by providing resumes, and information on previous
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exchange programs and visas used in the conduct of these activities. The collection of the Employer Identification Number (EIN) and Date of Issuance for each applicant is also being proposed. This requirement ensures that the entity is registered for tax purposes and recognized as a bona fide business.

In July 2007, the Department of State implemented an interim final rule on Trainees and Interns that required sponsors to screen, vet and enter into written agreements with third parties who assist them in recruiting, selecting, screening, orienting, placing, training or evaluating foreign nationals who participate in training and internship programs (FR 33673, June 19, 2007). This requirement is relevant to sponsors who rely upon ``host organizations'' to provide the actual training or intern programs, such as a business, law firm, or hotel. It also affects foreign agents who play a vital role in the selection of potential exchange visitors. The trainee and intern regulations require all third partiesforeign and domestic alike to provide Dun & Bradstreet identification numbers. Similarly, this proposed rule requires all applicants for sponsor designation to submit current Dun & Bradstreet Business Information Reports on themselves. A current Dun and Bradstreet Business Information Report is also required of all sponsors with the submission of an application for redesignation. Sponsors seeking redesignation will be required to submit a list of all third parties with whom sponsors have executed written agreements to act on their behalf as well as separate certifications that the sponsors have obtained Dun & Bradstreet Business Information Reports on all third parties with whom they conduct business. These reports provide information on the business operations of an entity (e.g., financials, credit history, staffing, pending legal issues, etc.). The requirement for these reports will help to ensure that sponsors are working with and/or placing exchange visitors with viable third party entities. The Department has negotiated with Dun and Bradstreet for a reduced rate per report based on the number of designated sponsors and third parties. Currently, the cost per report to Department of State sponsor organizations is approximately $65.

This rule proposes to increase the current levels of health insurance coverage a sponsor must require that its exchange visitor (and spouse and dependents) maintain during the duration of their exchange visitor program participation. The current minimum coverage has been in place since 1993. The amounts of coverage required is considered below current inflation and healthcare costs and does not cover actual costs incurred today as reported by the sponsors. We are updating the coverage to be consistent with today's amounts. Many sponsors currently insure participants at a higher level of coverage than that identified in the current regulations. To ensure coverage levels remain consistent with recommended industry standards, the Department will periodically issue guidance reflecting the mandatory minimum levels of coverage. A sponsor must ensure that health insurance is in place for each exchange visitor and his/her accompanying spouse and dependents for the duration of their exchange visitor program as reflected on the Form DS2019 (Program begin and Program end date.) Insurance regulations do not require ``portal to portal'' insurance coverage of participants. Such coverage is highly desirable and sponsors may, but are not required to, offer this coverage.

The Department of State proposes to collect information on the employment of the accompanying spouse and dependents while in the United States. As a security matter, information on the employment entity and work location of the spouse and dependents is not collected in SEVIS. Capturing this information in SEVIS will allow for better monitoring and assist in mitigating risks involving these non immigrants.

Definitions used in the regulations have been added or modified to clarify terms or reflect changes. New definitions in this proposed rule clarify SEVIS functions or fields or reflect changes that have occurred since 1993.

The term ``accredited educational institution'' has been changed to ``accredited academic institution''. In the proposed definition, the Department of State clarifies that educational institutions that offer primarily vocational or technical courses of study are not considered academic. The addition of the ``technical'' distinction parallels the Department of Education's replacement of regulations governing purely ``vocational'' studies with a new ``vocational/technical'' classification that acknowledges the new information technology curricula that are neither vocational nor academic. Vocational programs are not included under the Mutual Educational and Cultural Exchange Act of 1961.

Three SEVISrelated definitions have been added to the proposed regulations: ``actual and current U.S. address'', ``site of activity'', and ``validation.'' The first two definitions are critical as they relate to the physical location of the exchange visitor while in the United States. Simply put, sponsors must maintain current and accurate data in these SEVIS fields so that foreign nationals may be located at the site of activity (location where the program will take place) or at the actual and current U.S. address (residence). Maintaining this information is a matter of national security. The SEVIS function of validating a record is similarly important. When an exchange visitor enters the United States and reports to his or her exchange program, the sponsor must note this occurrence in SEVIS through the validation process, thereby demonstrating that an exchange visitor and accompanying spouse and dependents, if any, are currently present in the United States and that the exchange visitor is participating in the exchange visitor program identified on the Form DS2019. For the purpose of this rulemaking, the 30day requirement for validation remains unchanged and is consistent with current Department of Homeland Security requirements. The Department is clarifying the regulations on updating the SEVIS records upon the failure of an exchange visitor to begin his/her exchange program.

The term ``Certificate of Good Standing'' has been added and, for clarity, the definition for ``Citizen of the United States'' has been split into two: one that pertains to individuals and another that relates to legal entities.

This rule also reflects changes in technology, and it moves requirements previously in Subpart F to Subpart A. The change from paper numbered forms to the electronically generated Form DS2019 requires two fundamental alterations to the regulations. First, any requirements relating to the physical storage of unused forms are obsolete. Second, matters of national security require that circulating Forms DS2019 (i.e., those not kept internally in a sponsor's files) must be originals. All Forms DS2019 must be generated through SEVIS. The proposed regulations prohibit the use of scanned, copied, or electronic versions of Forms DS2019 except in response to a request from the Department of State or the Department of Homeland Security or for maintenance of complete exchange visitor records by sponsors. The proposed rule also requires sponsors to request that potential program participants return unused Forms DS2019, and that such forms be destroyed.

The proposed rule also clarifies those actions a sponsor must undertake to update an exchange visitor's SEVIS record (or the record of any accompanying spouse and dependents, if any) when the exchange visitor's
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program participation is ended early (e.g., concluded successfully or terminated as a result of violation of program rules, regulations or U.S. law). The Department of State is reducing from 21 to ten (10) days the time a sponsor has following notification of an exchange visitor's change of circumstance to update the exchange visitor's SEVIS record (or the records of a spouse or dependents).

Finally, as a recordkeeping and administrative oversight matter, sponsors will be required to maintain current information in SEVIS on its exchange visitor program, address, telephone numbers, facsimile numbers, or email addresses. All Department communication to sponsors related to program oversight, policy, redesignation, etc., sent to ROs and AROs are generated from information contained in SEVIS. The Department will not recognize nonreceipt of notification of a request or other communication from the Department of State or from SEVIS as grounds for appeal in cases where a sponsor does not respond to such request or communication. Sponsors are required to ensure that their spam filters do not block reception of SEVIS or Department of State notices. The term ``in writing'' is expanded to include the option for electronic signatures to support movement toward a paperless environment.

Note: Current Sec. 62.17 remains unchanged.
Regulatory Analysis

Administrative Procedure Act

The Department of State has determined that this Proposed Rule involves a foreign affairs function of the United States and is consequently exempt from the procedures required by 5 U.S.C. 553 pursuant to 5 U.S.C. 553(a)(1). Nonetheless, because of its importance to the public, the Department has elected to solicit comments during a 60day comment period.

Small Business Regulatory Enforcement Fairness Act of 1996

The Proposed Rule has been found not to be a major rule within the meaning of the Small Business Regulatory Enforcement Fairness Act of 1996.
Regulatory Flexibility Act/Executive Order 13272: Small Business

Since this Proposed Rule is exempt from 5 U.S.C 553, and no other law requires the Department of State to give notice of proposed rulemaking, it is not subject to the Regulatory Flexibility Act (5 U.S.C. 601, et seq.) and Executive Order 13272, Sec. 3(b). Executive Order 12866, as Amended

The Department of State does not consider this proposed rule to be a ``significant regulatory action'' under Executive Order 12866, as amended, Sec. 3(f), Regulatory Planning and Review. In addition, the Department of State is exempt from Executive Order 12866 except to the extent that it is promulgating regulations in conjunction with a domestic agency that are significant regulatory actions. The Department has nevertheless reviewed the proposed rule to ensure its consistency with the regulatory philosophy and principles set forth in that Executive Order.

Executive Order 12988

The Department of State has reviewed this proposed rule in light of Sec. Sec. 3(a) and 3(b)(2) of Executive Order 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burden.

Unfunded Mandates Reform Act of 1995

Section 202 of the Unfunded Mandates Reform Act of 1995 (UFMA), Public Law 1044, 109 Stat. 64, 2 U.S.C. 1532, generally requires agencies to prepare a statement before proposing any rule that may result in an annual expenditure of $100 million or more by state, local, or tribal governments, or by the private sector. This rule will not result in any such expenditure, nor will it significantly or uniquely affect small governments.

Executive Orders 12372 and 13132

This regulation will not have substantial direct effect on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Sec. 6 of Executive Order 13132, it is determined that this rule does not have sufficient federalism implications to require consultations or warrant the preparation of a federalism summary impact statement. Executive Order 12372, regarding intergovernmental consultation on federal programs and activities, does not apply to this regulation. Paperwork Reduction Act

The information collection requirements contained in this proposed rulemaking (criminal background screening of Responsible Officers (``ROs'') and Alternate Responsible Officers (``AROs'')) are pursuant to the Paperwork Reduction Act, 44 U.S.C. Chapter 35. Specifically OMB Control Number 14050147, expiration date: 09/30/2010, applies: Form DS3037Update of Information on Exchange Visitor Program Sponsor, Form DS7000Catalog of Information Collection Requirements Under 22 CFR Part 62, the Exchange Visitor Program (SEVIS), as well as OMB Control Number 14050119, expiration date 7/31/2011: DS2019
Certificate of Eligibility for Exchange Visitor (J1) Status. No PRA changes are required as a result of this regulation.

List of Subjects in 22 CFR Part 62

Cultural exchange programs, Reporting and recordkeeping requirements.

Accordingly, 22 CFR Part 62 is proposed to be amended as follows: PART 62EXCHANGE VISITOR PROGRAM

1. The Authority citation for Part 62 continues to read as follows:

Authority: 8 U.S.C. 1101(a)(15)(J), 1182, 1184, 1258; 22 U.S.C. 14311442, Sec. 2451 et seq.; Foreign Affairs Reform and
Restructuring Act of 1998, Public Law 105277, Div. G, 112 Stat. 2681 et seq.; Reorganization Plan No. 2 of 1977, 3 CFR, 1977 Comp. p. 200; E.O. 12048 of March 27, 1978; 3 CFR, 1978 Comp. p. 168; the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996, Public Law 104208, Div. C, 110 Stat. 3009546, as amended; Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT ACT), Public Law 10756, Sec. 416, 115 Stat. 354; and the Enhanced Border Security and Visa Entry Reform Act of 2002, Public Law 107173, 116 Stat. 543.

2. Sections 62.2 through 62.16 are revised to read as follows: Sec. 62.2 Definitions.

The following definitions apply to this part:

Accompanying spouse and dependents. The alien spouse and minor unmarried children of an exchange visitor who are accompanying or following to join the exchange visitor and who seek to enter or have entered the United States temporarily on a nonimmigrant J2 visa or seeks to acquire or have acquired such status after admission. For the purpose of these regulations, a minor is a person under the age of 21.

Accredited academic institution. Any publicly or privately operated primary, secondary, or postsecondary institution in the United States that offers primarily academic programs and is duly
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accredited by the appropriate academic accrediting authority of the state in which such institution is located; provided, however, that in addition, all postsecondary institutions must also be accredited by a nationally recognized accrediting agency or association as recognized by the Secretary of Education. An institution that offers primarily vocational or technical programs does not fall within the purview of an academic institution for this purpose.

Act. The Mutual Educational and Cultural Exchange Act of 1961, as amended.

Actual and current U.S. address. The physical, geographic location at which an exchange visitor resides while participating in an exchange program.

Alternate Responsible Officer (``ARO''). An employee or officer of a designated sponsor who has been nominated by the sponsor, and approved by the Department of State to assist the Responsible Officer in carrying out the responsibilities outlined in Sec. 62.11. An ARO must be a citizen of the United States or a lawful permanent resident of the United States.

Certificate of Good Standing. A document issued by an official of the Department of State in the state where the organization resides. A Certificate of Good Standing confirms that a corporation, partnership or other legal entity is in existence or authorized to transact business. A Certificate of Good Standing is also known as a Certificate of Authorization or a Certificate of Existence.

Citizen of the United States (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 possessions of the United States, of which a majority of the partners are citizens of the United States: (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 citizens of the United States; or
(2) A forprofit 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 possessions 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 the members of its Board of Directors are citizens of the United States and collectively hold a majority of the shares or stock (i.e., the controlling interest); or
(3) A nonprofit 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 possessions of the United States; and
(i) Which is qualified with the Internal Revenue Service as a tax exempt organization pursuant to section 501(c)(3) of the Internal Revenue Code; and
(ii) Whose principal place of business is located in the United States; and
(iii) 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 citizens of the United States; or
(4) An accredited college, university, or other postsecondary 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.

Citizen of the United States (individual). A person who: (1) Is a citizen or national of the United States or any of its territories or outlying possessions; or
(2) Has been lawfully admitted for permanent residence, within the meaning of section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101).

Clerical work. Routine administrative work generally performed in an office or officelike setting, such as data entry, filing, typing, mail sorting and distribution, and other general administrative or support office tasks.

Consortium. A notforprofit corporation, partnership, joint venture or other association formed by two or more accredited academic institutions for the purpose of sharing educational resources, conducting research, and/or developing new programs to enrich or expand the opportunities offered by its members. An academic institution in the United States that participates in a consortium is not barred from having separate exchange visitor program designations of its own.

Country of nationality or last legal permanent residence. The country of which the exchange visitor is a national at the time status as an exchange visitor was acquired or the last foreign country in which the visitor had a legal permanent residence before acquiring status as an exchange visitor.

Crosscultural activity. An activity designed to promote exposure and interchange between exchange visitors and Americans so as to increase their understanding of each other's society, culture, and institutions.

Department of State. The United States Department of State.

Designation. The written authorization given by the Department of State to an exchange visitor program applicant to conduct an exchange visitor program as a sponsor.

Employee. An individual who provides services or labor for an employer for wages or other remuneration. A third party, as defined in this section, or an independent contractor, as defined in 8 CFR 274a.1(j), is not an employee.

Exchange visitor. A foreign national who is in the United States temporarily on a nonimmigrant J1 visa to participate in an exchange visitor program. The term does not include the accompanying spouse and dependents of the exchange visitor.

Exchange Visitor Program. The international exchange program administered by the Department of State to implement the Act by means of educational and cultural exchange programs. When ``exchange visitor program'' is set forth in lower case, it refers to the individual program of a sponsor that has been designated by the Department of State.

Exchange visitor's government. The government of the exchange visitor's country of nationality or last legal permanent residence.

Financed directly. Financed in whole or in part by the U.S. Government or the exchange visitor's government with funds contributed directly to the exchange visitor in connection with his or her participation in an exchange visitor program.

Financed indirectly. (1) Financed by an international organization with funds contributed by either the United States or the exchange visitor's government for use in financing international educational and cultural exchanges, or
(2) Financed by an organization or institution with funds made available by either the United States or the exchange visitor's government for the purpose of furthering international educational and cultural exchange.

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Foreign Medical Graduate. A foreign national that: (1) Is a graduate of a school of medicine that is accredited by a body or bodies approved for the purpose by the Secretary of Education (regardless of whether such school of medicine is in the United States) and entering the United States for the purpose of seeking to pursue graduate medical education or training at accredited schools of medicine or scientific institutions; or, for the purposes of observation, consultation, teaching, or research; or,
(2) Has passed Parts I and II of the National Board of Medical Examiners Examination (or an equivalent examination as determined by the Secretary of Health and Human Services), has competency in oral and written English, will be able to adapt to the educational and cultural environment in which he or she will be receiving his/her education or training, and has adequate prior education and training to participate satisfactorily in the program for which he/she is coming to the United States.

Form DS2019. A Certificate of Eligibility for Exchange Visitor (J 1) Status, a controlled document of the Department of State.

Form DS3036. Exchange Visitor Program Application, a controlled document of the Department of State.

Form DS3037. Update of Information on a Sponsor's Exchange Visitor Program. A controlled document of the Department of State.

Form DS7002. Training/Internship Placement Plan (T/IPP). A controlled document of the Department of State. This Form is for use in connection with the Trainee, Intern and Student Intern categories only.

Full course of study. Fulltime enrollment in an academic program of classroom participation and study and/or doctoral thesis research at an accredited academic institution as follows:
(1) Secondary school students must satisfy the attendance and course requirements of the state in which the school they attend are 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 Sec. 62.23(e).

Graduate medical education or training. Participation in a program in which a foreign medical graduate will receive graduate medical education or training, which generally consists of a residency or fellowship program involving health care services to patients, but does not include programs involving observation, consultation, teaching or research in which there is no or only incidental patient care. This program may consist of a medical specialty, a directly related medical subspecialty, or both.

Homecountry physical presence requirement. The requirement that an exchange visitor (J visa) who is within the purview of section 212(e) of the Immigration and Nationality Act, as amended, and Public Law 94 484 (substantially quoted in 22 CFR 41.63) must reside and be physically present in the country of nationality or last legal permanent residence for an aggregate of at least two years following departure from the United States before the exchange visitor is eligible to apply for an immigrant visa or permanent residence, a non immigrant H visa as a temporary worker or trainee, or a nonimmigrant L visa, as an intracompany transferee, or a nonimmigrant H or L visa as the spouse or minor child of a person who has been granted status in H or L nonimmigrant classification as a temporary worker or trainee or an intracompany transferee. See section 101(a)(15)(H) or section 101(a)(15)(L) of the Immigration and Nationality Act, as amended.

Host organization. A third party in the United States that conducts training and internship programs on behalf of a designated sponsor pursuant to an executed written agreement between the two parties.

Internship program. A structured and guided workbased learning program as set forth in an individualized T/IPP that reinforces an intern's academic study; recognizes the need for workbased experience; provides onthejob exposure to American techniques, methodologies, and technologies; and enhances the intern's knowledge of American culture and society.

J visa. A nonimmigrant visa issued pursuant to 8 U.S.C. 1101(a)(15)(J). A J1 visa is issued to an exchange visitor. A J2 visa is issued to the exchange visitor's accompanying nonimmigrant immediate family, spouse and minor dependent children.

Office of Designation. The Department of State office to which the Secretary of State delegated the authority to administer the Exchange Visitor Program.

Onthejob training. An individual's observation of and participation in given tasks demonstrated by experienced workers for the purpose of acquiring competency in such tasks.

Prescribed course of study. A nondegree academic program with a specific educational objective. Such course of study may include intensive English language training, classroom instruction, research projects, and/or academic training to the extent permitted in Sec. 62.23.

Reciprocity. The participation of a U.S. citizen in an educational and cultural program in a foreign country in exchange for the participation of a foreign national in the Exchange Visitor Program. Where used herein, ``reciprocity'' will be interpreted broadly; unless otherwise specified, reciprocity does not require a oneforone exchange or that exchange visitors be engaged in the same activity.

Responsible Officer (``RO''). An employee or officer of a designated sponsor who has been nominated by the sponsor, and approved by the Department of State to carry out the duties outlined in Sec. 62.11. An RO must be a citizen of the United States or a lawful permanent resident of the United States.

Secretary of State. The Secretary of State or an employee of the U.S. Department of State acting under a delegation of authority from the Secretary of State.

SEVIS (Student and Exchange Visitor Information System). The statutorily mandated system designed to collect information on non immigrant students (F and M visa), exchange visitors (J visa), and their spouses and dependents (F2, M2, and J2). SEVIS enables schools and program sponsors to electronically transmit information and event notifications, via the Internet, to the Department of Homeland Security and the Department of State throughout a student's or exchange visitor's stay in the United States.

Site of activity. The physical, geographic location(s) where an exchange visitor participates in his or her exchange program. If a program takes place at more than one location, the sponsor must list all locations in SEVIS and indicate as ``primary'' the one at which the exchange visitor is currently located.

Sponsor. A legal entity designated by the Secretary of State to conduct an exchange visitor program.

Staffing/employment agency. A U.S. business that hires individuals for the express purpose of supplying workers to other businesses. Typically, the other businesses where workers are placed pay an hourly fee per employee to the staffing/employment agency, of which the worker receives a percentage.

Student internship program. A structured and guided workbased learning program as set forth in an individualized Form DS7002 that fulfills a student's academic degree requirements, recognizes the need for
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workbased experience, provides onthejob exposure to American techniques, methodologies, and technologies, and enhances a student intern's knowledge of American culture and society.

Third party. A person or legal entity with whom a sponsor has executed a written agreement for the person or entity to act on behalf of the sponsor in the conduct of the sponsor's exchange visitor program. A third party under contract with a sponsor may not subcontract or delegate its Exchange Visitor Program obligations to another party. Sponsors are required to take all reasonable steps to ensure that third parties know and comply with all applicable provisions of these regulations. The Department of State imputes to sponsors all actions a third party takes in acting on their behalf.

Training program. A structured and guided workbased learning program, as set forth in Form DS7002, that develops new and advanced skills in a trainee's occupational field through exposure to American techniques, methodologies, and technologies; and enhances a trainee's understanding of American culture and society.

Validation. The process by which a Responsible Officer or Alternate Responsible Officer updates a SEVIS record of an exchange visitor (and accompanying spouse and dependents, if any) to show that the prospective exchange visitor (and accompanying spouse and dependents, if any) entered the United States, reported to his or her sponsor, and is participating in the exchange visitor program, at the site of activity identified on the Form DS2019.
Sec. 62.3 Sponsor eligibility.
(a) Entities eligible to apply for designation as a sponsor of an exchange visitor program are the following:
(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 ``citizens of the United States,'' as that term is defined in Sec. 62.2.
(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 22 CFR Part 62;
(2) Meet at all times its financial obligations and
responsibilities attendant to successful sponsorship of its exchange visitor program;
(3) Demonstrate that the organization or its proposed RO has no fewer than three years experience in international exchange; and (4) Has successfully completed a site visit conducted by the Department of State or its agent, the cost for which will be borne by the applicant.

Sec. 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. A foreign national who is:
(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 postsecondary accredited academic institution; or
(iii) Engaged fulltime in a prescribed course of study of up to 24 months (nondegree) duration conducted by:
(A) A postsecondary accredited academic institution; or (B) An institute approved by or acceptable to the postsecondary accredited academic institution, where the student is to be enrolled upon completion of the nondegree program;
(2) Engaged in academic training as permitted in Sec. 62.23(f); (3) Engaged in English language training at:
(i) A postsecondary accredited academic institution, or (ii) An institute approved by or acceptable to the postsecondary accredited academic institution where the college/university student is to be enrolled upon completion of the language training; or (4) Engaged fulltime in a student internship program conducted by a postsecondary accredited educational institution.
(b) Shortterm scholar. A foreign national who is a professor, research scholar, or person with similar education or accomplishments who enters the United States on a shortterm visit for the purpose of lecturing, observing, consulting, training, or demonstrating special skills at research institutions, museums, libraries, postsecondary accredited academic institutions, or similar types of institutions. (c) Trainee. A foreign national participating in a structured and guided workbased training program in his or her specific occupational field and who has either:
(1) A degree or professional certificate from a foreign 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. Training is limited to the occupational category or categories for which a sponsor has obtained designation.
(d) Teacher. A foreign national with a minimum of three years of teaching experience for the purpose of teaching fulltime in a primary or secondary accredited academic institution.
(e) Professor. A foreign national whose primary purpose is teaching, lecturing, observing, or consulting at postsecondary accredited academic institutions, museums, libraries, or similar types of institutions. A professor may also conduct research, unless disallowed by the sponsor.
(f) Research scholar. A foreign national whose primary purpose is conducting research, observing, or consulting in connection with a research project at research institutions, corporate research facilities, museums, libraries, postsecondary accredited academic institutions, or similar types of institutions. A research scholar may also lecture, unless disallowed by the sponsor.
(g) Specialist. A foreign national who is an expert in a field of specialized knowledge or skills who enters the United States for the purpose of observing, consulting, or demonstrating special knowledge or skills.
(h) Other person of similar description. A foreign national of description similar to those set forth in paragraphs (a) through (g) of this section coming to the United States as a participant in an exchange visitor program designated by the Department of State under this category, for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, or receiving training. The programs designated by the Department of State in this category consist of:
(1) Alien physician. A foreign national who is a graduate of a school of medicine who is coming to the United States under a program in which he or she will receive graduate medical education or training conducted by accredited U.S. schools of medicine or scientific institutions.
(2) International visitor. A foreign national who is a recognized or
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potential leader, selected by the Department of State for the purpose of consulting, observing, conducting research, training, or demonstrating special skills in the United States.
(3) Government visitor. A foreign national who is an influential or distinguished person, selected by a U.S. federal, state, or local government agency for the purpose of consulting, observing, training, or demonstrating special skills in the United States.
(4) Camp counselor. A foreign national selected to be a counselor in a summer camp in the United States (e.g., during the U.S. summer months).
(5) Au pair. A foreign national who comes to the United States for a period of one year for the purpose of residing with an American host family and participate directly in their home life, while providing limited childcare services, and fulfilling an educational requirement. (6) Summer Work and Travel. A foreign national who is a bona fide foreign postsecondary student currently enrolled in and actively pursuing a degree or a fulltime course of study at a foreign accredited postsecondary academic institution whose purpose is work and travel in the United States for up to four months during his or her summer vacation.
(7) Intern. A foreign national participating in a structured and guided workbased internship program in his or her specific academic field and who is either:
(i) Currently enrolled fulltime in and actively pursuing studies at a degree or certificategranting postsecondary 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 the Form DS2019.
Sec. 62.5 Application procedure.
(a) An entity meeting the eligibility requirements set forth in Sec. 62.3 may apply to the Department of State for designation as an Exchange Visitor Program sponsor. Designation will not be considered if an applicant cannot meet the eligibility requirements set forth in Sec. 62.3. An applicant must first complete and submit Form DS3036 in SEVIS. The complete application must consist of:
(1) A completed copy of Form DS3036 signed by the applicant's Chief Executive Officer, President, or equivalent;
(2) Required supporting documentation and certifications as set forth herein; and
(3) Confirmation of payment of the required fee through pay.gov as set forth in Sec. 62.17.
(b) The complete application must set forth, in detail, the applicant's proposed exchange program activity and must demonstrate, to the Department of State's sole satisfaction, the applicant's ability to meet the designation requirements set forth in Sec. 62.3 and the sponsor obligations set forth in Sec. 62.9.
(c) Applications must be accompanied by the following supporting documents:
(1) Evidence of legal status of the applicant as a U.S. corporation, partnership, or other legal entity (e.g., charter, proof of incorporation, partnership agreement, as applicable) as set forth in Sec. 62.3(a);
(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 RO;
(3) Evidence of the applicant's financial viability as set forth in Sec. 62.9(e) and any supplemental or explanatory financial information the Department of State may request.
(i) An established organization must present a current audit report with audit notes prepared by an independent certified public accounting firm.
(ii) A newly formed organization must present a compilation (a balance sheet, statement of cash flows and all disclosures, revenues, expenditures, and notes to financial statements) prepared by an independent certified public accounting firm demonstrating that the organization has been capitalized with sufficient funds to cover general operating expenses and costs associated with an exchange; (iii) The Department of State may, in its sole discretion, condition its approval of the acceptance of full financial responsibility by the nongovernmental sponsor by requiring such sponsor to secure a payment bond in favor of the Department guaranteeing the sponsor's obligations hereunder.
(4) A current Certificate of Good Standing or Certificate of Existence;
(5) Employer Identification Number (EIN) and Date of Issuance; (6) A current Business Information Report on the applicant organization from Dun & Bradstreet;
(7) Evidence of current accreditation if the applicant is a secondary or postsecondary academic institution;
(8) Evidence of current licensure, if required by local, state, or federal law, to carry out the activity for which it is seeking designation;
(9) A statement signed by the Chief Executive Officer, President, or equivalent certifying that:
(i) The applicant is a citizen of the United States as defined in Sec. 62.2;
(ii) The proposed RO and all proposed ARO(s) are United States citizens or lawful permanent residents of the United States; (iii) The sponsor has completed a criminal background check on the potential RO and all ARO(s) and has determined their suitability for these positions; and
(iv) The RO will be provided sufficient staff and resources to fulfill his or her duties and obligations on behalf of the applicant. (10) Evidence that the proposed RO and ARO(s) are citizens of the United States or lawful permanent residents of the United States (e.g., copy of passport, birth certificate);
(11) A completed SEVIS generated Citizenship Certification for the proposed RO and all proposed ARO(s); and
(12) Such additional information or documentation that the Department of State may deem necessary to evaluate the application. Sec. 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. Initial designations are effective for one or two years at the sole discretion of the Department. The initial designation period for a newly formed organization will be limited to one year. (b) Designation will confer upon a sponsor the authority to engage in one or more activities specified in Sec. 62.4. A sponsor may engage only in the activity or activities specifically authorized in its written letter of designation.
(c) Designations are not transferable or assignable.
Sec. 62.7 Redesignation.
(a) A sponsor 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. Failure to apply for redesignation according to this schedule is cause for termination pursuant to Sec. 62.60(g). (b) A sponsor seeking redesignation as an Exchange Visitor Program sponsor must first complete and submit Form DS3036 in SEVIS. The complete application must consist of:
(1) A completed copy of Form DS3036, signed by the sponsor's Chief Financial Officer, President or equivalent;
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(2) Required supporting documentation and certifications as set forth herein; and
(3) Confirmation of payment of the required nonrefundable fee through pay.gov as set forth in Sec. 62.17.
(c) The complete application must include the following supporting documentation and certifications:
(1) A current Business Information Report from Dun & Bradstreet on the sponsor;
(2) A list of all third parties (foreign and domestic) with whom the sponsor has executed a written agreement for the person or entity to act on behalf of the sponsor in the conduct of the sponsor's exchange visitor program and, if requested by the Department of State, a separate certification that the sponsor has obtained a Dun & Bradstreet Business Information Report for each third party. The list should include the name of the third party organization, address of the third party organization, purpose for agreement, and contact information;
(3) A copy of the most recent yearend financial statements; (4) A copy of the most recent letter of accreditation if the sponsor is a secondary or postsecondary academic institution; (5) A list of the names, addresses and citizenship 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;
(6) For a nonprofit organization, a signed copy of the sponsor's most recent Form 990 filed with the Internal Revenue Service; (7) Such additional information or documentation that the Department of State may request;
(8) A statement signed by the Chief Executive Officer, President, or equivalent certifying that the sponsor has completed a criminal background check on the RO and all AROs and has determined their suitability for these positions; and
(9) 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.
Sec. 62.8 General program requirements.
(a) Size of program. A sponsor, other than a federal government agency, must have no fewer than five actively participating exchange visitors during the annual reporting cycle (e.g., academic, calendar or fiscal) as stated in its letter of designation or redesignation. The Department of State may, in its sole discretion and for good cause shown, waive this requirement.
(b) Minimum duration of program. A sponsor, other than a federal government agency, must provide each exchange visitor, except those sponsored in the shortterm scholar category, with a minimum period of participation in the United States of no less than three weeks. (c) Reciprocity. In conducting its exchange visitor program, a sponsor must make a good faith effort to develop and implement, to the fullest extent possible, a reciprocal exchange of persons.
(d) Crosscultural activities. A sponsor must:
(1) Offer or make available to exchange visitors and the accompanying spouse and dependents, if any, a variety of appropriate crosscultural activities. The extent and type of the crosscultural activities will be determined by the needs and interests of the particular category of exchange visitor. A sponsor will be responsible for determining the appropriate type and number of such crosscultural programs. 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.
Sec. 62.9 General obligations of sponsors.
(a) Adherence to Department of State regulations. A sponsor is required to adhere to all regulations set forth in this Part. A sponsor who willfully or negligently fails to comply will be subject to the sanctions set forth in Sec. 62.50 or termination as set forth in Sec. 62.60.
(b) Legal status. A sponsor must maintain legal status or its designation will terminate pursuant to Sec. 62.60(e). A sponsor's change in legal status (e.g., from partnership to corporation, non profit to forprofit) requires the submission of a new application for designation of the successor legal entity within 45 days of the change in legal status.
(c) Accreditation and licensure. A sponsor must remain in compliance with all local, state, and federal laws, and professional requirements necessary to carry out the activities for which it is designated, including accreditation and licensure, if applicable. (d) Representations and disclosures. A sponsor must:
(1) Provide accurate and complete information, to the extent lawfully permitted, to the Department of State and the Department of Homeland Security regarding its exchange visitor program, exchange visitors, and accompanying spouse and dependents (if any);
(2) Provide accurate information to the public when advertising its exchange visitor program(s) or responding to public inquiries; (3) Provide informational materials to prospective exchange visitors, and host families, if applicable, that clearly explain the activities, costs, conditions, and restrictions of its exchange visitor program(s);
(4) Not use the program number(s) assigned by the Department of State at time of designation on any advertising materials or publications intended for general circulation, 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. (1) A sponsor must maintain the financial capability to meet at all times its financial obligations and responsibilities attendant to successful sponsorship of its exchange visitor program.
(2) The Department of State may require a nongovernment sponsor to provide evidence satisfactory to the Department that funds necessary to fulfill all obligations and responsibilities attendant to sponsorship of its exchange visitor program are readily available and in the sponsor's control, including such supplementary or explanatory financial information as the Department may deem appropriate. (3) The Department of State may require a nongovernment sponsor to secure a payment bond in favor of the Department guaranteeing all financial obligations arising from the sponsorship its exchange visitor program.
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(f) Staffing and support services. A sponsor must ensure that: (1) Adequate staffing and sufficient support services are provided to administer its exchange visitor program; and
(2) Its employees, officers, agents, independent contractors, third parties, volunteers or other individuals associated with the administration of its exchange visitor program are adequately qualified, appropriately trained, and comply with the Exchange Visitor Program regulations and immigration laws pertaining to the administration of its exchange visitor program(s).
(g) Appointment of Responsible Officers and Alternate Responsible Officers. (1) A sponsor must appoint a RO and a minimum of one (1) or a maximum of ten (10) AROs to assist the RO in performing the duties set forth at Sec. 62.11. A sponsor must ensure that the potential RO and AROs have undergone a criminal background check to determine their suitability for these positions. ROs and AROs must be citizens or lawful permanent residents of the United States.
(2) ROs and AROs must be employees or officers of the designated 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 ARO.
(3) In the event of the departure of a RO or ARO, the sponsor must file a request for the approval of a replacement in SEVIS and forward the required documentation to the Department of State within ten (10) calendar days from the date of the RO's or ARO's departure. (4) Requests to replace the RO or add an ARO must be submitted in SEVIS and a signed Form DS3037 mailed to the Department of State with the required completed Citizenship Certification, along with certification that the individual has undergone a criminal background check.
(5) The Department of State reserves the right, in its sole discretion, to deny the appointment of an RO or ARO.

Sec. 62.10 Program administration.

A sponsor is responsible for the effective administration of its exchange visitor program(s). These responsibilities include: (a) Selection of exchange visitors. A sponsor must establish and utilize a method to screen and select prospective exchange visitors to ensure that they are eligible for program participation, and that: (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 measured by an objective measurement of English language proficiency to participate successfully in his or her exchange visitor program.
(b) Prearrival information. A sponsor must provide exchange visitors with prearrival materials including, but not limited to, information on:
(1) The purpose of the Exchange Visitor Program;
(2) The homecountry physical presence requirement (e.g., section 212(e) of the Immigration and Nationality Act, as amended, 8 U.S.C. 1182, set forth substantially at 22 CFR 41.63);
(3) Travel and entry into the United States (e.g., procedures to be followed by exchange visitors and accompanying spouse and dependents, if any, in obtaining a visa for entry to the United States, paying the SEVIS fee, procedures for obtaining a visa including the information/ documentation needed for the interview; travel arrangements to the United States, what to expect at the port of entry, including the necessity of having and presenting their travel documents at the port of entry);
(4) Housing;
(5) A breakdown of all fees to be paid by potential exchange visitors (i.e., paid to the sponsor or a third party);
(6) 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 requirements for exchange visitors and their accompanying spouse and dependents, as applicabl

FOR FURTHER INFORMATION CONTACT

Stanley S. Colvin, Deputy Assistant Secretary for Private Sector Exchanges, U.S. Department of State, SA5, Floor 5, 2200 C Street, NW., Washington, DC 205220505; (202) 6329288; or email at jexchanges@state.gov.