22 C.F.R. Subpart A—General Provisions
Title 22 - Foreign Relations
(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. (1988). The purpose of the Act is to increase mutual understanding between the people of the United States and the people of other countries by means of educational and cultural exchanges. Educational and cultural exchanges assist the Department of State in furthering the foreign policy objectives of the United States. These exchanges are defined by section 102 of the Act, 22 U.S.C. 2452, and section 101(a)(15)(J) of the Immigration and Nationality Act, as amended, 8 U.S.C. 1101(a)(15)(J). (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. Accompanying spouse and dependents means the alien spouse and minor unmarried children of an exchange visitor who are accompanying or following to join the exchange visitor and who are seeking to enter or have entered the United States temporarily on a J–2 visa or are seeking 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 years old. Accredited educational institution means any publicly or privately operated primary, secondary, or post-secondary institution of learning duly recognized and declared as such by the appropriate authority of the state in which such institution is located; provided, however, that in addition to any state recognition, all post-secondary institutions shall also be accredited by a nationally recognized accrediting agency or association as recognized by the United States Secretary of Education but shall not include any institution whose offered programs are primarily vocational in nature. Act means the Mutual Educational and Cultural Exchange Act of 1961, as amended. Citizen of the United States means: (1) An individual who is a citizen of the United States or one of its territories or possessions, or who has been lawfully admitted for permanent residence, within the meaning of section 101(a)(20) of the Immigration and Nationality Act; or (2) A general or limited partnership created or organized under the laws of the United States, or of any state, the District of Columbia, or a territory or possession of the United States, of which a majority of the partners are citizens of the United States; or (3) A for-profit corporation, association, or other legal entity created or organized under the laws of the United States, or of any state, the District of Columbia, or a territory or possession of the United States, which: (i) Has its principal place of business in the United States, and (ii) Has its shares or voting interests publicly traded on a U.S. stock exchange; or, if its shares or voting interests are not publicly traded on a U.S. stock exchange, it shall nevertheless be deemed to be a citizen of the United States if a majority of its officers, Board of Directors, and its shareholders or holders of voting interests are citizens of the United States; or (4) A non-profit corporation, association, or other legal entity created or organized under the laws of the United States, or any state, the District of Columbia, or territory or possession of the United States; and (i) Which is qualified with the Internal Revenue Service as a tax-exempt organization pursuant to §501(c) of the Internal Revenue Code; and (ii) Which has its principal place of business in the United States; and (iii) In which a majority of its officers and a majority of its Board of Directors or other like body vested with its management are citizens of the United States; or (5) An accredited college, university, or other post-secondary educational institution created or organized under the laws of the United States, or of any state, including a county, municipality, or other political subdivision thereof, the District of Columbia, or of a territory or possession of the United States; or (6) An agency of the United States, or of any state or local government, the District of Columbia, or a territory or possession of the United States. Consortium means a not-for-profit corporation or association formed by two or more accredited educational 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. Entities that participate in a consortium are not barred from having a separate exchange visitor program designation of their own. Country of nationality or last legal residence means either the country of which the exchange visitor was a national at the time status as an exchange visitor was acquired or the last foreign country in which the visitor had a legal permanent residence before acquiring status as an exchange visitor. Cross-cultural activity is an activity designed to promote exposure and interchange between exchange visitors and Americans so as to increase their understanding of each other's society, culture, and institutions. Department means the Department of State. Designation means the written authorization given by the Department of State to an exchange visitor program applicant to conduct an exchange visitor program as a sponsor. Employee means an individual who provides services or labor for an employer for wages or other remuneration but does not mean independent contractors, as defined in 8 CFR 274a.1(j). Exchange visitor means a foreign national who has been selected by a sponsor to participate in an exchange visitor program and who is seeking to enter or has entered the United States temporarily on a J–1 visa. The term does not include the visitor's immediate family. Exchange Visitor Program means the international exchange program administered by the Department of State to implement the Act by means of educational and cultural programs. When “exchange visitor program” is set forth in lower case, it refers to the individual program of a sponsor which has been designated by the Department of State. Exchange Visitor Program Services means the Department of State staff delegated authority by the Secretary of State to administer the Exchange Visitor Program in compliance with the regulations set forth in this part. Exchange visitor's government means the government of the country of the exchange visitor's nationality or the country where the exchange visitor has a legal permanent residence. Financed directly means financed in whole or in part by the United States Government or the exchange visitor's government with funds contributed directly to the exchange visitor in connection with his or her participation in an exchange visitor program. Financed indirectly means: (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. Form DS–2019 means a Certificate of Eligibility, a controlled document of the Department of State. Full course of study means enrollment in an academic program of classroom participation and study, and/or doctoral thesis research at an accredited educational institution as follows: (1) Secondary school students shall satisfy the attendance and course requirements of the state in which the school is located; (2) College and university students shall register for and complete a full course of study, as defined by the accredited educational institution in which the student is registered, unless exempted in accordance with §62.23(e). Graduate medical education or training means participation in a program in which the alien physician 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. Home-country physical presence requirement means the requirement that an exchange visitor who is within the purview of section 212(e) of the Immigration and Nationality Act (substantially quoted in §62.44) must reside and be physically present in the country of nationality or last legal permanent residence for an aggregate of at least two years following departure from the United States before the exchange visitor is eligible to apply for an immigrant visa or permanent residence, a nonimmigrant H visa as a temporary worker or trainee, or a nonimmigrant L visa as an intracompany transferee, or a nonimmigrant H or L visa as the spouse or minor child of a person who is a temporary worker or trainee or an intracompany transferee. J visa means a non-immigrant visa issued pursuant to 8 U.S.C. 1101(a)(15)(J). A J–1 visa is issued to the exchange visitor. J–2 visas are issued to the exchange visitor's immediate family. Non-specialty occupation means any occupation that is not a specialty occupation (q.v.). Non-specialty occupations range from unskilled occupations up to and including skilled occupations requiring at least two years training or experience. On-the-job training means 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 means a non-degree 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 §62.23. Reciprocity means the participation of a United States citizen in an educational and cultural program in a foreign country in exchange for the participation of a foreign national in the Exchange Visitor Program. Where used herein, “reciprocity” shall be interpreted broadly; unless otherwise specified, reciprocity does not require a one-for-one exchange or that exchange visitors be engaged in the same activity. For example, exchange visitors coming to the United States for training in American banking practices and Americans going abroad to teach foreign nationals public administration would be considered a reciprocal exchange, when arranged or facilitated by the same sponsor. Responsible officer means the employee or officer of a designated sponsor who has been listed with the Department of State as assuming the responsibilities outlined in §62.11. The designation of alternate responsible officers is permitted and encouraged. The responsible officer and alternate responsible officers must be citizens of the United States or persons who have been lawfully admitted for permanent residence. Secretary of State means the Secretary of State of the Department of State or an employee of the Department of State acting under a delegation of authority from the Secretary of State. Specialty occupation means an occupation that requires theoretical and practical application of a body of highly specialized knowledge to perform fully in the stated field of endeavor. It requires completion of a specified course of education, where attainment of such knowledge or its equivalent is the minimum competency requirement recognized in the particular field of endeavor in the United States. Some examples of specialized fields of knowledge are public and business administration, agricultural research, architecture, engineering, computer and physical sciences, accounting, and print and broadcast journalism. Sponsor means a legal entity designated by the Secretary of State of the State Department to conduct an exchange visitor program. Third party means an entity cooperating with or assisting the sponsor in the conduct of the sponsor's program. Sponsors are required to take all reasonable steps to ensure that third parties know and comply with all applicable provisions of these regulations. Third party actions in the course of providing such assistance or cooperation shall be imputed to the sponsor in evaluating the sponsor's compliance with these regulations. (a) Entities eligible to apply for designation as a sponsor of an exchange visitor program are: (1) United States local, state and federal government agencies; (2) International agencies or organizations of which the United States is a member and which have an office in the United States; or (3) Reputable organizations which are “citizens of the United States,” as that term is defined in §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 provisions of part 62; and (2) Meet at all times its financial obligations and responsibilities attendant to successful sponsorship of its exchange program. Sponsors may select foreign nationals to participate in their exchange visitor programs. Participation by foreign nationals in an exchange visitor program is limited to individuals who shall be engaged in the following activities in the United States: (a) Student. An individual who is: (1) Studying in the United States: (i) Pursuing a full course of study at a secondary accredited educational 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 educational institution; or (iii) Engaged full-time in a prescribed course of study of up to 24 months duration conducted by: (A) A post-secondary accredited educational institution; or (B) An institute approved by or acceptable to the post-secondary accredited educational 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); or (3) Engaged in English language training at: (i) A post-secondary accredited educational institution, or (ii) An institute approved by or acceptable to the post-secondary accredited educational institution where the college or university student is to be enrolled upon completion of the language training. (b) Short-term scholar. A professor, research scholar, or person with similar education or accomplishments coming to the United States on a short-term visit for the purpose of lecturing, observing, consulting, training, or demonstrating special skills at research institutions, museums, libraries, post-secondary accredited educational institutions, or similar type of institutions. (c) Trainee. An individual participating in a structured training program conducted by the selecting sponsor. (d) Teacher. An individual teaching full-time in a primary or secondary accredited educational institution. (e) Professor. An individual primarily teaching, lecturing, observing, or consulting a post-secondary accredited educational institutions, museums, libraries, or similar types of institutions. A professor may also conduct research, unless disallowed by the sponsor. (f) Research scholar. An individual primarily conducting research, observing, or consulting in connection with a research project at research institutions, corporate research facilities, museums, libraries, post-secondary accredited educational institutions, or similar types of institutions. The research scholar may also teach or lecture, unless disallowed by the sponsor. (g) Specialist. An individual who is an expert in a field of specialized knowledge or skill coming to the United States for obeserving, consulting, or demonstrating special skills. (h) Other person of similar description. An individual of description similar to those set forth in paragraphs (a) through (g) coming to the United States, in a program designated by the Department of State under this category, for the purpose of teaching, instructing or lecturing, study, observing, conducting research, consulting, demonstrating special skills, or receiving training. The programs designated by the Department of State in this category consist of: (1) International visitor. An individual who is a recognized or potential leader, selected by the Department of State for consultation, observation, research, training, or demonstration of special skills in the United States. (2) Government visitor. An individual who is an influential or distinguished person, selected by a U.S. federal, state, or local government agency for consultation, observation, training, or demonstration of special skills in the United States. (3) Camp counselor. An individual selected to be a counselor in a summer camp in the United States who imparts skills to American campers and information about his or her country or culture. (a) Any entity meeting the eligibility requirements set forth in §62.3 may apply to the Department of State for designation as a sponsor. Such application shall be made on Form DS–3036 (“Exchange Visitor Program Application”) and filed with the Department of State's Exchange Visitor Program Services. (b) The application shall set forth, in detail, the applicant's proposed exchange program activity and shall demonstrate its prospective ability to comply with Exchange Visitor Program regulations. (c) The application shall be signed by the chief executive officer of the applicant and must also provide: (1) Evidence of legal status as a corporation, partnership, or other legal entity (e.g., charter, proof of incorporation, partnership agreement, as applicable) and current certificate of good standing; (2) Evidence of financial responsibility as set forth at §62.9(e); (3) Evidence of accreditation if the applicant is a post-secondary educational institution; (4) Evidence of licensure, if required by local, state, or federal law, to carry out the activity for which it is be designated; (5) Certification by the applicant (using the language set forth in appendix A) that it and its responsible officer and alternate responsible officers are citizens of the United States as defined at §62.2; and (6) Certification signed by the chief executive officer of the applicant that the responsible officer will be provided sufficient staff and resources to fulfill his/her duties and obligations on behalf of the sponsor. (d) The Department of State may request any additional information and documentation which it deems necessary to evaluate the application. (a) Upon a favorable determination that the proposed exchange program meets all statutory and regulatory requirements, the Department of State may, in its sole discretion, designate an entity meeting the eligibility requirements set forth in §62.3 as an exchange visitor program sponsor. (b) Designation shall confer upon the sponsor authority to engage in one or more activities specified in §62.4. A sponsor shall not engage in activities not specifically authorized in its written designation. (c) Designations are effective for a period of five years. In its discretion, the Department of State may designate programs, including experimental programs, for less than five years. (d) Designations are not transferable or assignable. (a) Upon expiration of a given designation term, a sponsor may seek redesignation for another five-year term. (b) To apply for redesignation, a sponsor shall advise the Exchange Visitor Program Services by letter or by so indicating on the annual report. (c) Request for redesignation shall be evaluated according to the criteria set forth at §62.6(a) taking into account the sponsor's annual reports and other documents reflecting its record as an exchange visitor program sponsor. (d) A sponsor seeking redesignation should notify the Department of State, as set forth in (b) of this section, no less than four months prior to the expiration date of its designation. A sponsor seeking redesignation may continue to operate its program(s) until such time as the Department of State notifies it of a decision to amend or terminate its designation. (a) Size of program. Sponsors, other than Federal government agencies, shall have no less than five exchange visitors per calendar year. The Department of State may in its discretion and for good cause shown reduce this requirement. (b) Minimum duration of program. Sponsors, other than federal government agencies, shall provide each exchange visitor, except short-term scholars, with a minimum period of participation in the United States of three weeks. (c) Reciprocity. In the conduct of their exchange programs, sponsors shall make a good faith effort to achieve the fullest possible reciprocity in the exchange of persons. (d) Cross-cultural activities. Sponsors shall: (1) Offer or make available to exchange visitors a variety or appropriate cross-cultural activities. The extent and types of the cross-cultural activities shall be determined by the needs and interests of the particular category of exchange visitor. Sponsors will be responsible to determine the appropriate type and number of cross-cultural programs for their exchange visitors. 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 voluntarily participate in activities which 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' programs. (a) Adherence to Department of State regulations. Sponsors are required to adhere to all regulations set forth in this part. (b) Legal status. Sponsors shall maintain legal status. A change in a sponsor's legal status (e.g. partnership to corporation) shall require application for designation of the new legal entity. (c) Accreditation and licensure. Sponsors shall remain in compliance with all local, state, federal, and professional requirements necessary to carry out the activity for which they are designated, including accreditation and licensure, if applicable. (d) Representations and disclosures. Sponsors shall: (1) Provide accurate and complete information, to the extent lawfully permitted, to the Department of State regarding their exchange visitor programs and exchange visitors; (2) Provide only accurate information to the public when advertising their exchange visitor programs or responding to public inquiries; (3) Provide informational materials to prospective exchange visitors which clearly explain the activities, costs, conditions, and restrictions of the program; (4) Not use program numbers on any advertising materials or publications intended for general circulation; and (5) Not represent that any program is endorsed, sponsored, or supported by the Department of State or the United States Government, except for United States Government sponsors or exchange visitor programs financed directly by the United States Government to promote international educational exchanges. However, sponsors may represent that they are designated by the Department of State as a sponsor of an exchange visitor program. (e) Financial responsibility. (1) Sponsors shall maintain the financial capability to meet at all times their financial obligations and responsibilities attendant to successful sponsorship of their exchange visitor programs. (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 exchange visitors 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 any non-government sponsor to secure a payment bond in favor of the Department of State guaranteeing all financial obligations arising from the sponsorship of exchange visitors. (f) Staffing and support services. Sponsors shall ensure: (1) Adequate staffing and sufficient support services to administer their exchange visitor programs; and (2) That their employees, officers, agents, and third parties involved in the administration of their exchange visitor programs are adequately qualified, appropriately trained, and comply with the Exchange Visitor Program regulations. (g) Appointment of responsible officer. (1) The sponsor shall appoint a responsible officer and such alternate responsible officers as may be necessary to perform the duties set forth at §62.11. (2) The responsible officer and alternate responsible officers shall be employees or officers of the sponsor. The Department of State may, however, in its discretion, authorize the appointment of an individual who is not an employee or officer to serve as an alternate responsible officer, when approved by the sponsor. (3) The Department of State may limit the number of alternate responsible officers appointed by the sponsor. Sponsors are responsible for the effective administration of their exchange visitor programs. These responsibilities include: (a) Selection of exchange visitors. Sponsors shall provide a system to screen and select prospective exchange visitors to ensure that they are eligible for program participation, and that: (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 to participate in his or her program. (b) Pre-arrival information. Sponsors shall provide exchange visitors with pre-arrival materials including, but not limited to, information on: (1) The purpose of the Exchange Visitor Program; (2) Home-country physical presence requirement; (3) Travel and entry into the United States; (4) Housing; (5) Fees payable to the sponsor; (6) Other costs that the exchange visitor will likely incur (e.g., living expenses) while in the United States; (7) Health care and insurance; and (8) Other information which will assist exchange visitors to prepare for their stay in the United States. (c) Orientation. Sponsors shall offer appropriate orientation for all exchange visitors. Sponsors are encouraged to provide orientation for the exchange visitor's immediate family, especially those who are expected to be in the United States for more than one year. Orientation shall include, but not be limited to, information concerning: (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 extent possible; (3) Available health care, emergency assistance, and insurance coverage; (4) A description of the program in which the exchange visitor is participating; (5) Rules that the exchange visitors are required to follow under the sponsor's program; (6) Address of the sponsor and the name and telephone number of the responsible officer; and (7) Address and telephone number of the Exchange Visitor Program Services of the Department of State and a copy of the Exchange Visitor Program brochure outlining the regulations relevant to the exchange visitors. (d) Form DS–2019. Sponsors shall ensure that only the responsible officer or alternate responsible officers issue Forms DS–2019; (e) Monitoring of exchange visitors. Sponsors shall monitor, through employees, officers, agents, or third parties, the exchange visitors participating in their programs. Sponsors shall: (1) Ensure that the activity in which the exchange visitor is engaged is consistent with the category and activity listed on the exchange visitor's Form DS–2019; (2) Monitor the progress and welfare of the exchange visitor to the extent appropriate for the category; and (3) Require the exchange visitor to keep the sponsor apprised of his or her address and telephone number, and maintain such information. (f) Requests by the Department of State. Sponsors shall, to the extent lawfully permitted, furnish to the Department of State within a reasonable time all information, reports, documents, books, files, and other records requested by the Department of State on all matters related to their exchange visitor programs. (g) Inquiries and investigations. Sponsors shall cooperate with any inquiry or investigation that may be undertaken by the Department of State. (h) Retention of records. Sponsors shall retain all records related to their exchange visitor program and exchange visitors for a minimum of three years. Responsible officers shall train and supervise alternate responsible officers. Responsible officers and alternate responsible officers shall: (a) Knowledge of regulations and codebook. Be thoroughly familiar with the Exchange Visitor Program regulations and the Department of State's current Codebook and Instructions for Responsible Officers. (b) Advisement and assistance. Ensure that the exchange visitor obtains sufficient advice and assistance to facilitate the successful completion of the exchange visitor's program. (c) Communications. Conduct the official communications relating to the exchange visitor program with the Department of State, the United States Immigration and Naturalization Service, or the United States Department of State. Reference to the sponsor's program number shall be made on any correspondence with the Department of State. (d) Custody of the Form DS–2019. Act as custodian for the control, issuance, and distribution of Forms DS–2019 as set forth in §62.12. Forms DS–2019 shall be used only for authorized purposes. To maintain adequate control of Forms DS–2019, responsible officers or alternate responsible officers shall: (a) Requests. Submit written requests to the Department of State for a one-year supply of Forms DS–2019, and allow four to six weeks for the distribution of these forms. The Department of State has the discretion to determine the number of Forms DS–2019 to be sent to a sponsor. The Department of State will take into consideration the current size of the program and the projected expansion of the program in the coming 12 months. If requested, the Department of State will consult with the responsible officer prior to determining the number of Forms DS–2019 to be sent to the sponsor. Additional forms may be requested later in the year if needed by the sponsor. (b) Verification. Prior to issuing Form DS–2019, verify that the exchange visitor: (1) Is eligible, qualified, and accepted for the program in which he or she will be participating; (2) Possesses adequate financial resources to complete his or her program; and (3) Possesses adequate financial resources to support any accompanying dependents. (c) Issuance of Form DS–2019. Issue the Form DS–2019 only so as to: (1) Facilitate the entry of a new participant of the exchange visitor program; (2) Extend the stay of an exchange visitor; (3) Facilitate program transfer; (4) Replace a lost or stolen Form DS–2019; (5) Facilitate entry of an exchange visitor's alien spouse or minor unmarried children into the United States separately; (6) Facilitate re-entry of an exchange visitor who is traveling outside the United States during the program; (7) Facilitate a change of category when permitted by the Department of State; and (8) Update information when significant changes take place in regard to the exchange visitor's program, such as a substantial change in funding or in the location where the program will take place. (d) Safeguards. (1) Store Forms DS–2019 securely to prevent unauthorized use; (2) Prohibit transfer of any blank Form DS–2019 to another sponsor or other person unless authorized in writing (by letter or facsimile) by the Department of State to do so; (3) Notify the Department of State promptly by telephone (confirmed promptly in writing) or facsimile of the document number of any completed Form DS–2019 that is presumed lost or stolen or any blank Form DS–2019 lost or stolen; and (4) Forward the completed Form DS–2019 only to an exchange visitor, either directly or via an employee, officer, or agent of the sponsor, or to an individual designated by the exchange visitor. (e) Accounting. (1) Maintain a record of all Forms DS–2019 received and/or issued by the sponsor; (2) Destroy damaged and unusable Form DS–2019 on the sponsor's premises after making a record of such forms (e.g. forms with errors or forms damaged by a printer); and (3) Request exchange visitors and prospective exchange visitors to return any unused Form DS–2019 sent to them and make a record of Forms DS–2019 which are returned to the sponsor and destroy them on the sponsor's premises. (a) Change of circumstances. Sponsors shall notify the Department of State promptly in writing of any of the following circumstances: (1) Change of its address, telephone, or facsimile number; (2) Change in the composition of the sponsoring organization which affects its citizenship as defined by §62.2; (3) Change of the responsible officer or alternate responsible officers; (4) A major change of ownership or control of the sponsor's organization; (5) Change in financial circumstances which may render the sponsor unable to comply with its obligations as set forth in §512.9(e); (6) Loss of licensure or accreditation; (7) Loss or theft of Forms DS–2019 as specified at §62.12(d)(3); (8) Litigation related to the sponsor's exchange visitor program, when the sponsor is a party; and (9) Termination of its exchange visitor program. (b) Serious problem or controversy. Sponsors shall inform the Department of State promptly by telephone (confirmed promptly in writing) or facsimile of any serious problem or controversy which could be expected to bring the Department of State or the sponsor's exchange visitor program into notoriety or disrepute. (c) Program status of exchange visitor. Sponsors shall notify the Department of State in writing when: (1) The exchange visitor has withdrawn from or completed a program thirty (30) or more days prior to the ending date on his or her Form DS–2019; or (2) The exchange visitor has been terminated from his or her program. (a) Sponsors shall require each exchange visitor to have insurance in effect which covers the exchange visitor for sickness or accident during the period of time that an exchange visitor participates in the sponsor's exchange visitor program. Minimum coverage shall provide: (1) Medical benefits of at least $50,000 per accident or illness; (2) Repatriation of remains in the amount of $7,500; (3) Expenses associated with the medical evacuation of the exchange visitor to his or her home country in the amount of $10,000; and (4) A deductible not to exceed $500 per accident or illness. (b) An insurance policy secured to fulfill the requirements of this section: (1) May require a waiting period for pre-existing conditions which is reasonable as determined by current industry standards; (2) May include provision for co-insurance under the terms of which the exchange visitor may be required to pay up to 25% of the covered benefits per accident or illness; and (3) Shall not unreasonably exclude coverage for perils inherent to the activities of the exchange program in which the exchange visitor participates. (c) 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, an Insurance Solvency International, Ltd. (ISI) rating of “A-i” or above, a Standard & Poor's Claims-paying Ability rating of “A–” or above, a Weiss Research, Inc. rating of B+ 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 (HMO) or eligible Competitive Medical Plan (CMP) as determined by the Health Care Financing Administration of the U.S. Department of Health and Human Services. (d) 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. (e) 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. (f) The Department of State, in its sole discretion, may condition its approval of self-insurance or the acceptance of full financial responsibility by the non-governmental sponsor by requiring such sponsor to secure a payment bond in favor of the Department of State guaranteeing the sponsor's obligations hereunder. (g) An accompanying spouse or dependent of an exchange visitor is required to be covered by insurance in the amounts set forth in paragraph (a) of this section. Sponsors shall inform exchange visitors of this requirement, in writing, in advance of the exchange visitor's arrival in the United States. (h) An exchange visitor who willfully fails to maintain the insurance coverage set forth above while a participant in an exchange visitor program or who makes a material misrepresentation to the sponsor concerning such coverage shall be deemed to be in violation of these regulations and shall be subject to termination as a participant. (i) A sponsor shall terminate an exchange visitor's participation in its program if the sponsor determines that the exchange visitor or any accompanying spouse or dependent willfully fails to remain in compliance with this section. [58 FR 15196, Mar. 19, 1993, as amended at 59 FR 34761, July 7, 1994. Redesignated at 64 FR 54539, Oct. 7, 1999] Sponsors shall submit an annual report to the Department of State. An illustrative form of such report may be found at Appendix D to this part. Such report shall be filed on an academic or calendar year basis, as directed by the Department of State, and shall contain the following: (a) Program report and evaluation. A brief summary of the activities in which exchange visitors were engaged, including an evaluation of program effectiveness; (b) Reciprocity. A description of the nature and extent of reciprocity occurring in the sponsor's exchange visitor program during the reporting year; (c) Cross-cultural activities. A summary of the cross-cultural activities provided for its exchange visitors during the reporting year; (d) Proof of insurance. Certification of compliance with insurance coverage requirements set forth in §62.14. (e) Form DS–2019 usage. A report of Form DS–2019 usage during the reporting year setting forth the following information: (1) The total number of blank Forms DS–2019 received from the Department of State during the reporting year; (2) The total number of Forms DS–2019 voided or destroyed by the sponsor during the reporting year and the document numbers of such forms; (3) The total number of Forms DS–2019 issued to potential exchange visitors that were returned to the sponsor or not used for entry into the United States; and (4) The total number and document identification number sequence of all blank Forms DS–2019 in the possession of the sponsor on the date of the report. (f) Program participation. A numerical count, by category, of all exchange visitors participating in the sponsor's program for the reporting year. (g) Redesignation. Sponsors may indicate their desire for redesignation, pursuant to §62.7, by marking the appropriate box on their annual report. (a) An exchange visitor may receive compensation from the sponsor or the sponsor's appropriate designee for employment when such activities are part of the exchange visitor's program. (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 an accompanying spouse or minor child of an exchange visitor is governed by Immigration and Naturalization Service regulations.
Title 22: Foreign Relations
PART 62—EXCHANGE VISITOR PROGRAM
Subpart A—General Provisions
§ 62.1 Purpose.
§ 62.2 Definitions.
§ 62.3 Sponsor eligibility.
§ 62.4 Categories of participant eligibility.
§ 62.5 Application procedure.
§ 62.6 Designation.
§ 62.7 Redesignation.
§ 62.8 General program requirements.
§ 62.9 General obligations of sponsors.
§ 62.10 Program administration.
§ 62.11 Duties of responsible officers.
§ 62.12 Control of Forms DS–2019.
§ 62.13 Notification requirements.
§ 62.14 Insurance.
§ 62.15 Annual reports.
§ 62.16 Employment.
§ 62.17 Fees and charges. [Reserved]
