22 C.F.R. Subpart B—Specific Program Provisions
Title 22 - Foreign Relations
Link to an amendment published at 70 FR 28817, May 19, 2005.
Link to a correction of the above amendment published at 70 FR 36344, June 23, 2005. (a) Introduction. These regulations govern professors and research scholars, except: (1) Alien physicians in graduate medical education or training, who are governed by regulations set forth at §62.27; and (2) Short-term scholars, who are governed by regulations set forth at §62.21. (b) Purpose. A primary purpose of the Exchange Visitor Program is to foster the exchange of ideas between Americans and foreign nationals and to stimulate international collaborative teaching and research efforts. The exchange of professors and research scholars promotes interchange, mutual enrichment, and linkages between research and educational institutions in the United States and foreign countries. It does so by providing foreign professors and research scholars the opportunity to engage in research, teaching, and lecturing with their American colleagues, to participate actively in cross-cultural activities with Americans, and ultimately to share with their fellow citizens their experiences and increased knowledge about the United States and their substantive fields. (c) Designation. The Department of State may, in its sole discretion, designate bona fide programs which offer foreign nationals the opportunity to engage in research, teaching, lecturing, observing, or consulting at research institutions, corporate research facilities, museums, libraries, post-secondary accredited educational institutions, or similar types of institutions in the United States. (d) Visitor eligibility. An individual may be selected for participation in the Exchange Visitor Program as a professor or research scholar subject to the following conditions: (i) The participant shall not be a candidate for tenure track position; and (ii) The participant has not been physically present in the United States as a nonimmigrant pursuant to the provisions of 8 U.S.C. 1101(a)(15)(J) for all or part of the twelve month period immediately preceding the date of program commencement set forth on his or her Form DS–2019, unless: (A) The participant is transferring to the sponsor's program as provided in §62.42; or (B) The participant's presence in the United States was of less than six months duration; or (C) The participant's presence in the United States was pursuant to a Short-term scholar exchange activity as authorized by §62.21. (e) Insurance of Form DS–2019. The Form DS–2019 shall be issued only after the professor or research scholar has been accepted by the institution(s) where he or she will participate in an exchange visitor program. (f) Location of the exchange. Professors or research scholars shall conduct their exchange activity at the location(s) listed on the Form DS–2019, which could be either at the location of the exchange visitor sponsor or the site of a third party facilitating the exchange. An exchange visitor may also engage in activities at locations not listed on the Form DS–2019 if such activities constitute occasional lectures or consultations as permitted by paragraph (g) of this section. (g) Occasional lectures or consultations. Professors and research scholars may participate in occasional lectures and short-term consultations, unless disallowed by the sponsor. Such lectures and consultations must be incidental to the exchange visitor's primary program activities. If wages or other remuneration are received by the exchange visitor for such activities, the exchange visitor must act as an independent contractor, as such term is defined in 8 CFR 274a.1(j), and the following criteria and procedures shall be satisfied: (1) Criteria. The occasional lectures or short-term consultations shall: (i) Be directly related to the objectives of the exchange visitor's program; (ii) Be incidental to the exchange visitor's primary program activities; and (iii) Not delay the completion date of the visitor's program. (2) Procedures. (i) To obtain authorization to engage in occasional lectures or short-term consultations involving wages or other remuneration, the exchange visitor shall present to the responsible officer: (A) A letter from the offeror setting forth the terms and conditions of the offer to lecture or consult, including the duration, number of hours, field or subject, amount of compensation, and description of such activity; and (B) A letter from his or her department head or supervisor recommending such activity and explaining how it would enhance the exchange visitor's program. (ii) The responsible officer shall review the letters required in paragraph (g)(2)(i) of this section and make a written determination whether such activity is warranted and satisfies the criteria set forth in paragraph (g)(1) of this section. (h) Category. At the discretion of the responsible officer, professors may freely engage in research and research scholars may freely engage in teaching and lecturing, unless disallowed by the sponsor. Because these activities are so intertwined, such a change of activity will not be considered a change of category necessitating a formal approval by the responsible officer or approval by the Department of State. Any Form DS–2019 issued to the exchange visitor should reflect the current category of the exchange visitor, either professor or research scholar. (i) Duration of participation. The permitted duration of program participation for a professor or research scholar shall be as follows: (1) General limitation. The professor and research scholar shall be authorized to participate in the Exchange Visitor Program for the length of time necessary to complete his or her program, which time shall not exceed three years. (2) Exceptional circumstance. The Department of State may authorize a designated Exchange Visitor Program sponsor to conduct an exchange activity requiring a period of program duration in excess of three years. A sponsor seeking to conduct a discrete activity requiring more than the permitted three years of program duration, but less than six years of program duration, shall make written request to the Department of State and secure written Department of State approval. Such request shall include: (i) A detailed explanation of the discrete exchange activity; and (ii) A certification that the participation of selected research scholars will be financed directly by United States or foreign government funds. (3) Change of category. A change between the categories of professor and research scholar shall not extend an exchange visitor's permitted period of participation beyond three years. (j) Extension of program. Professors and research scholars may be authorized program extensions as follows: (1) Responsible officer authorization. A responsible officer may extend, in his or her discretion and for a period not to exceed six months, the three year period of program participation permitted under paragraph (i) of this section. The responsible officer exercising his or her discretion shall do so only upon his or her affirmative determination that such extension is necessary in order to permit the research scholar or professor to complete a specific project or research activity. (2) Department of State authorization. The Department of State may extend, upon request and in its sole discretion, the three year period of program participation permitted under paragraph (i) of this section. A request for Department of State authorization to extend the period of program participation for a professor or research scholar shall: (i) Be submitted to the Department of State, unless prevented by extraordinary circumstance, no less than 60 days prior to the expiration of the participant's permitted three year period of program participation; and (ii) Present evidence, satisfactory to the Department of State, that such request is justified due to exceptional or unusual circumstances and is necessary in order to permit the researcher or professor to complete a specific project or research activity. (3) Timeliness. The Department of State will not review a request for Department of State authorization to extend the three year period of program participation permitted under paragraph (i) of this section unless timely filed; provided, however, that the Department of State reserves the right to review a request that is not timely filed due to extraordinary circumstance. (4) Final decision. The Department of State anticipates it will respond to requests for Department of State authorization to extend the three year period of program participation permitted under paragraph (i) of this section within 30 days of Department of State receipt of such request and supporting documentation. Such response shall constitute the Department of State's final decision. [58 FR 15196, Mar. 19, 1993; 58 FR 48448, Sept. 16, 1993, as amended at 61 FR 29287, June 10, 1996. Redesignated at 64 FR 54539, Oct. 7, 1999] (a) Introduction. These regulations govern scholars coming to the United States for a period of up to four months to lecture, observe, consult, and to participate in seminars, workshops, conferences, study tours, professional meetings, or similar types of educational and professional activities. (b) Purpose. The Exchange Visitor Program promotes the interchange of knowledge and skills among foreign and American scholars. It does so by providing foreign scholars the opportunity to exchange ideas with their American colleagues, participate in educational and professional programs, confer on common problems and projects, and promote professional relationships and communications. (c) Designation. The Department of State may, in its sole discretion, designate bona fide programs which offer foreign nationals the opportunity to engage in short-term visits for the purpose of lecturing, observing, consulting, training, or demonstrating special skills at research institutions, museums, libraries, post-secondary accredited educational institutions, or similar types of institutions. (d) Visitor eligibility. A person participating in the Exchange Visitor Program under this section shall satisfy the definition of a short-term scholar as set forth in §62.4. (e) Cross-cultural activities and orientation. Due to the nature of such exchanges, sponsors of programs for short-term scholars shall be exempted from the requirements of providing cross-cultural activities and orientation as set forth in §62.8(d) and §62.10(c). However, sponsors are encouraged to provide such programs for short-term scholars whenever appropriate. (f) Location of exchange. The short-term scholar shall participate in the Exchange Visitor Program at the conferences, workshops, seminars, or other events or activities stated on his or her Form DS–2019. A participant may also lecture or consult at institutions not listed on the Form DS–2019 if his or her Responsible Officer issues a written authorization of such activity. Such written authorization must be attached to the participant's Form DS–2019. (g) Duration of participation. The short-term scholar shall be authorized to participate in the Exchange Visitor Program for the length of time necessary to complete the program, which time shall not exceed six months. Programs under this section are exempted from §62.8(b) governing the minimum duration of a program. Extensions beyond the duration of participation are not permitted under this category. [58 FR 15196, Mar. 19, 1993; 58 FR 48448, Sept. 16, 1993, as amended at 61 FR 39585, July 30, 1996; 64 FR 17975, Apr. 13, 1999. Redesignated at 64 FR 54539, Oct. 7, 1999] (a) Introduction. These regulations govern all exchange visitor programs under which foreign nationals are provided with opportunities for receiving training in the United States. Regulations dealing with training opportunities which may, under certain conditions, be authorized for foreign students who are studying at post-secondary accredited educational institutions in the United States are found at §62.23. Regulations governing medical trainees are found at §62.27. (b) Purpose of training. The primary objectives of training are to enhance the exchange visitor's skills in his or her specialty or non-specialty occupation through participation in a structured training program and to improve the participant's knowledge of American techniques, methodologies, or expertise within the individual's field of endeavor. Such training programs are also designed to enable the exchange visitor trainee to understand better American culture and society and to enhance American knowledge of foreign cultures and skills by providing the opportunity for an open interchange of ideas between the exchange visitor trainees and their American counterparts. Use of the Exchange Visitor Program for ordinary employment or work purposes is strictly prohibited. For this reason the regulations in this section are designed to distinguish between receiving training, which is permitted, and gaining experience, which is not permitted unless as a component of a bona fide training program. (c) Designation of training programs. (1) The Department of State groups occupations into specialty, non-specialty, or unskilled occupational categories. The Department of State will designate training programs in specialty and non-specialty occupations. Training programs in unskilled occupations or occupations in other categories which the Department of State may from time to time identify by publication in the (2) For purposes of designation, the Department of State will designate specialty and skilled non-specialty occupational training programs in any of the following occupational categories: (i) Arts and Culture; (ii) Information Media and Communications; (iii) Education, Social Sciences, Library Science, Counseling and Social Services; (iv) Management, Business, Commerce and Finance; (v) Health Related Occupations; (vi) Aviation; (vii) The Sciences, Engineering, Architecture, Mathematics, and Industrial Occupations; (viii) Construction and Building Trades; (ix) Agriculture, Forestry and Fishing; (x) Public Administration and Law; (xi) Other (Specify). (3) Sponsors may apply for designation for training programs in any combination of specialty and/or non-specialty occupations. Once designated, the sponsor may provide training in any occupation falling within the designated category, if not otherwise prohibited from doing so. Sponsors shall provide training to exchange visitors only in the category or categories for which they have obtained Department of State designation. (d) Obligations of training program sponsors. (1) Sponsors designated by the Department of State to provide training to foreign exchange visitors shall: (i) Ensure that individuals and/or entities conducting training possess and maintain the demonstrable competence to provide training in the subjects offered to each exchange visitor. (ii) Ensure that skills, knowledge, and competence are imparted to the trainee through a structured program of activities which are supportive and appropriate to the training experience. These may include, for example, classroom training, seminars, rotation through several departments, on-the-job training, and attendance at conferences, as appropriate. (iii) Develop, prior to the start of training, a detailed training plan geared to defined objectives for each trainee or group of similarly-situated trainees. (iv) Ensure that continuous supervision and periodic evaluation of each trainee is provided. (v) Ensure that sufficient plant, equipment, and trained personnel are available to provide the training specified. (2) Sponsors designated by the Department of State to provide training to foreign exchange visitors shall not: (i) Provide training in unskilled occupations; or (ii) Place trainees in positions which are filled or would be filled by full-time or part-time employees. (e) Use of third parties. (1) The sponsor may utilize the services of third parties in the conduct of the designated training program. If a third party is utilized, the sponsor and the third party shall execute a written agreement which delineates the respective obligations and duties of the parties and specifically recites the third party's obligation to act in accordance with these regulations. The sponsor shall maintain a copy of such agreement in its files. (2) The sponsor's use of a third party in the conduct of a designated training program does not relieve the sponsor of its obligation to comply, and to ensure the third party's compliance, with all applicable regulations. Any failure on the part of the third party to comply with all applicable regulations will be imputed to the sponsor. (f) Application for designation of training programs. (1) An applicant for designation as an exchange visitor training program shall demonstrate to the Department of State its ability to comply with both the General Provisions set forth in subpart A, and the obligations of training sponsors set forth in paragraph (d) of this section. (2)(i) An applicant shall provide the Department of State with documentary evidence of its competence to provide the training for which designation is sought. (ii) If third parties are to be used to conduct one or more aspects of the activities for which designation is sought, the applicant shall provide the Department of State with forms and procedures which will be used by the sponsor to ensure third party compliance with all applicable regulations and fulfillment of the goals and purposes of the sponsor's exchange visitor program. (iii) If the applicant intends to utilize the services of third parties to conduct the training, a copy of an executed third-party agreement or, if one has not yet been executed, an illustrative copy of the type of agreement the applicant intends to execute with third parties shall be submitted with the application. (3) If the training program is accredited in accordance with paragraph (n) of this section, the applicant shall include a copy of the accreditation in its application. (4) The application shall include a certification that: (i) Sufficient physical plant, equipment, and trained personnel will be dedicated to provide the training specified; (ii) The training program is not designed to recruit and train aliens for employment in the United States; (iii) Trainees will not be placed in positions which displace full-time or part-time employees. (5) As to each occupational division for which the applicant seeks designation, the applicant shall indicate whether it intends to provide training in specialty or non-specialty occupations, or both. (6) In order to meet the requirements of this subsection and to evidence the competence of the applicant and/or third parties conducting one or more aspects of the applicant's exchange visitor program to provide training, the applicant for designation may submit any one of the following types of training plans for each division for which designation is sought; (i) If the applicant has already designed a structured training plan to use in the proposed exchange visitor program, a copy of such training plan may be submitted with the application; (ii) If the applicant has not yet prepared a new training plan, but has been engaged previously in the type of training, directly or through third parties, for which designation is being sought, the applicant may demonstrate its capability to conduct such training by submitting a copy of a previously used training plan; (iii) If the applicant proposes to create individualized training plans for as yet unidentified trainees, then the applicant may submit a hypothetical training plan which illustrates the training the applicant proposes to provide, directly or through third parties. (g) The training plan. Each training plan required to be prepared for a trainee or group of trainees pursuant to paragraph (d)(1)(iii) of this section, shall include, at a minimum, (1) A statement of the objectives of the training; (2) The skills to be imparted to the trainee; (3) A copy of the training syllabus or chronology; (4) A justification for the utilization of on-the-job training to achieve stated course competencies; and (5) A description of how the trainee will be supervised and evaluated. (h) Department of State consultation with experts. The Department of State may consult experts whenever its examination of a training plan or its evaluation of application for designation indicates the need for such expertise in making an evaluation. (i) Records. Sponsors shall retain for three years all records pertaining to individual trainees, training plans, trainee evaluations, and agreements with third parties. Such records shall be made available to the Department of State upon the Department of State's request. (j) Selection of trainees. In addition to meeting the requirements of §62.10(a), trainees shall be fully qualified to participate successfully in a structured training program at a level appropriate for the individual trainee's career development. However, such training shall not be duplicative of the trainee's prior training and experience. (k) Duration of participation. The duration of participation shall correspond to the length of the program set forth in the sponsor's designation. The maximum period of participation in the Exchange Visitor Program for a trainee shall not exceed 18 months total. (l) Financial and program disclosure. Sponsors shall provide trainees, prior to their arrival in the United States, with: (1) A written statement which clearly states the stipend, if any, to be paid to the trainee; (2) The costs and fees for which the trainee will be obligated; (3) An estimate of living expenses during the duration of the trainee's stay; and (4) A summary of the training program which recites the training objectives and all significant components of the program. (m) Evaluation. In order to ensure the quality of the training program, the sponsor shall develop procedures for the ongoing evaluation of each training segment. Such evaluation shall include, as a minimum, midpoint and concluding evaluation reports from the trainee and his or her immediate supervisor, signed by both parties. For training courses of less than three months duration, evaluation reports are required upon conclusion of the training program. (n) Flight training. (1) The Department of State will consider the application for designation of a flight training program if such program complies with the above regulations, and, additionally, (i) Is, at the time of making said application, a Federal Aviation Administration certificated pilot school pursuant to title 14, Code of Federal Regulations, part 141; and (ii) At the time of making said application is accredited as a flight training program by an accrediting agency which is listed in the current edition of the United States Department of Education's “Nationally Recognized Accrediting Agencies and Associations,” or is accredited as a flight training program by a member of the Council on Postsecondary Accreditation; or (iii) At the time of making said application has formally commenced the accreditation process with an accrediting agency which is listed in the current edition of the United States Department of Education's “Nationally Recognized Accrediting Agencies and Associations,” or with a member of the Council on Postsecondary Accreditation. If the application for designation is approved, such designation shall be for up to twelve-months duration, with continued designation thereafter conditioned upon completion of the accreditation process. (2) Notwithstanding the provisions of paragraph (k) of this section the maximum period of participation for exchange visitors in designated flight training programs shall not exceed 24 months total. Any request for extension of time in excess of that authorized under this subsection shall be made in accordance with §62.43. (3) For purposes of meeting the evaluation requirements set forth in paragraph (m) of this section, sponsors and/or third parties conducting the training may utilize the same training records as are required by the Federal Aviation Administration to be maintained pursuant to 14 CFR 141.101. [58 FR 15196, Mar. 19, 1993; 58 FR 48448, Sept. 16, 1993. Redesignated at 64 FR 54539, Oct. 7, 1999] (a) Purpose. Programs under this section provide foreign students the opportunity to participate in a designated exchange program while studying at a degree-granting post-secondary accredited educational institution. Exchange visitors under this category may participate in degree and non-degree programs. Such exchanges are intended to promote mutual understanding by fostering the exchange of ideas between foreign students and their American counterparts. (b) Designation. The Department of State may, in its sole discretion, designate bona fide programs which offer foreign nationals the opportunity to study in the United States at post-secondary accredited educational institutions. (c) Selection criteria. Sponsors select the college and university students who participate in their exchange visitor programs. Sponsors shall secure sufficient background information on the students to ensure that they have the academic credentials required for their program. Students are eligible for the Exchange Visitor Program if at any time during their college studies in the United States: (1) They or their program are financed directly or indirectly by: (i) The United States Government; (ii) The government of the student's home country; or (iii) An international organization of which the United States is a member by treaty or statute; (2) The programs are carried out pursuant to an agreement between the United States Government and a foreign government; (3) The program are carried out pursuant to written agreement between: (i) American and foreign educational institutions; (ii) An American educational institution and a foreign government; or (iii) A state or local government in the United States and a foreign government; or (4) The exchange visitors are supported substantially by funding from any source other than personal or family funds. (d) Admissions requirement. In addition to satisfying the requirements of §62.10(a), sponsors shall ensure that the exchange visitor student has been admitted to the post-secondary accredited educational institution(s) listed on the Form DS–2019 before issuing the form. (e) Full course of study requirement. Exchange visitor students shall pursue a full course of study at a post-secondary accredited educational institution in the United States as defined in §62.2, except under the following circumstances: (1) Vacation. During official school breaks and summer vacations if the student is eligible and intends to register for the next term. A student attending a school on a quarter or trimester calendar may be permitted to take the annual vacation during any one of the quarters or trimesters instead of during the summer. (2) Medical problem. If the student is compelled to reduce or interrupt a full course of study due to an illness or medical condition and the student presents to the responsible officer a written statement from a physician requiring or recommending an interruption or reduction in studies. (3) Bona fide academic reason. If the student is compelled to pursue less than a full course of study for a term and the student presents to the responsible officer a written statement from the academic dean or advisor recommending the student to reduce his or her academic load to less than a full course of study due to an academic reason. (4) Non-degree program. If the student is engaged full time in a prescribed course of study in a non-degree program of up to 24 months duration conducted by a post-secondary accredited educational institution. (5) Academic training. If the student is participating in authorized academic training in accordance with paragraph (f) of this section. (6) Final term. If the student needs less than a full course of study to complete the academic requirements in his or her final term. (f) Academic training. (1) A student may participate in academic training programs during his or her studies, without wages or other remuneration, with the approval of the academic dean or advisor and the responsible officer. (2) A student may be authorized to participate in academic training programs for wages or other remuneration: (i) During his or her studies; or (ii) Commencing not later than thirty (30) days after completion of his or her studies, if the criteria, time limitations, procedures, and evaluations listed below in paragraphs (f) (3) to (6) are satisfied: (3) Criteria. (i) The student is primarily in the United States to study rather than engage in academic training; (ii) The student is participating in academic training that is directly related to his or her major field of study at the post-secondary accredited educational institution listed on his or her Form DS–2019; (iii) The student is in good academic standing with the post-secondary accredited educational institution; and (iv) The student receives written approval in advance from the responsible officer for the duration and type of academic training. (4) Time limitations. The exchange visitor is authorized to participate in academic training for the length of time necessary to complete the goals and objectives of the training, provided that the amount of time for academic training: (i) Is approved by the academic dean or advisor and approved by the responsible officer; (ii) For undergraduate and pre-doctoral training, does not exceed eighteen (18) months, inclusive of any prior academic training in the United States, or the period of full course of study in the United States, whichever is less; except, additional time for academic training is allowed to the extent necessary for the exchange visitor to satisfy the mandatory requirements of his or her degree program in the United States; (iii) For post-doctoral training, does not exceed a total of thirty-six (36) months, inclusive of any prior academic training in the United States as an exchange visitor, or the period of the full course of study in the United States, whichever is less. A new Form DS–2019 shall be issued for each eighteen (18) month period. (5) Procedures. To obtain authorization to engage in academic training: (i) The exchange visitor shall present to the responsible officer a letter of recommendation from the student's academic dean or advisor setting forth: (A) The goals and objectives of the specific training program; (B) A description of the training program, including its location, the name and address of the training supervisor, number of hours per week, and dates of the training; (C) How the training relates to the student's major field of study; and (D) Why it is an integral or critical part of the academic program of the exchange visitor student. (ii) The responsible officer shall: (A) Determine if and to what extent the student has previously participated in academic training as an exchange visitor student, in order to ensure the student does not exceed the period permitted in paragraph (f) of this section; (B) Review the letter required in paragraph (f)(5)(i) of this section; and (C) Make a written determination of whether the academic training currently being requested is warranted and the criteria and time limitations set forth in paragraph (f) (3) and (4) of this section are satisfied. (6) Evaluation requirements. The sponsor shall evaluate the effectiveness and appropriateness of the academic training in achieving the stated goals and objectives in order to ensure the quality of the academic training program. (g) Student employment. Exchange visitor students may engage in part-time employment when the following criteria and conditions are satisfied. (1) The student employment: (i) Is pursuant to the terms of a scholarship, fellowship, or assistantship; (ii) Occurs on the premises of the post-secondary accredited educational institution the visitor is authorized to attend; or (iii) Occurs off-campus when necessary because of serious, urgent, and unforeseen economic circumstances which have arisen since acquiring exchange visitor status. (2) Exchange visitor students may engage in employment as provided in paragraph (g)(1) of this section if the: (i) Student is in good academic standing at the post-secondary accredited educational institution; (ii) Student continues to engage in a full course of study, except for official school breaks and the student's annual vacation; (iii) Employment totals no more than 20 hours per week, except during official school breaks and the student's annual vacation; and (iv) The responsible officer has approved the specific employment in advance and in writing. Such approval may be valid up to twelve months, but is automatically withdrawn if the student's program is terminated. (h) Duration of participation—(1) Degree students. Exchange visitor students who are in degree programs shall be authorized to participate in the Exchange Visitor Program as long as they are either: (i) Studying at the post-secondary accredited educational institution listed on their Form DS–2019 and are: (A) Pursuing a full course of study as set forth in paragraph (e) of this section, and (B) Maintaining satisfactory advancement towards the completion of their academic program; or (ii) Participating in an authorized academic training program as permitted in paragraph (f) of this section. (2) Non-degree students. Exchange visitors who are non-degree students shall be authorized to participate in the Exchange Visitor Program for up to 24 months, if they are either: (i) Studying at the post-secondary accredited educational institution listed on their Form DS–2019 and are: (A) Participating full-time in a prescribed course of study; and (B) Maintaining satisfactory advancement towards the completion of their academic program; or (ii) Participating in an authorized academic training program as permitted in paragraph (f) of this section. (a) Purpose. These regulations govern exchange visitors who teach full-time in primary and secondary accredited educational institutions. Programs under this section promote the interchange of American and foreign teachers in public and private schools and the enhancement of mutual understanding between people of the United States and other countries. They do so by providing foreign teachers opportunities to teach in primary and secondary accredited educational institutions in the United States, to participate actively in cross-cultural activities with Americans in schools and communities, and to return home ultimately to share their experiences and their increased knowledge of the United States. Such exchanges enable visitors to understand better American culture, society, and teaching practices at the primary and secondary levels, and enhance American knowledge of foreign cultures, customs, and teaching approaches. (b) Designation. The Department of State may, in its discretion, designate bona fide programs satisfying the objectives in section (a) above as exchange visitor programs in the teacher category. (c) Visitor eligibility. A foreign national shall be eligible to participate in an exchange visitor program as a full-time teacher if the individual: (1) Meets the qualifications for teaching in primary or secondary schools in his or her country of nationality or last legal residence; (2) Satisfies the standards of the U.S. state in which he or she will teach; (3) Is of good reputation and character; (4) Seeks to come to the United States for the purpose of full-time teaching at a primary or secondary accredited educational institution in the United States; and (5) Has a minimum of three years of teaching or related professional experience. (d) Visitor selection. Sponsors shall adequately screen teachers prior to accepting them for the program. Such screening, in addition to the requirements of §62.10(a), shall include: (1) Evaluating the qualifications of the foreign applicants to determine whether the criteria set forth in paragraph (c) of this section are satisfied; and (2) Securing references from colleagues and current or former employers, attesting to the teachers' good reputation, character and teaching skills. (e) Teaching position. Prior to the issuance of the Form DS–2019, the exchange visitor shall receive a written offer and accept in writing of a teaching position from the primary or secondary accredited educational institution in which he or she is to teach. Such position shall be in compliance with any applicable collective bargaining agreement, where one exists. The exchange visitor's appointment to a position at a primary or secondary accredited educational institution shall be temporary, even if the teaching position is permanent. (f) Program disclosure. Before the program begins, the sponsor shall provide the teacher, in addition to what is required in §62.10(b), with: (1) Information on the length and location(s) of his or her exchange visitor program; (2) A summary of the significant components of the program, including a written statement of the teaching requirements and related professional obligations; and (3) A written statement which clearly states the compensation, if any, to be paid to the teacher and any other financial arrangements in regards to the exchange visitor program. (g) Location of the exchange. The teacher shall participate in an exchange visitor program at the primary or secondary accredited educational institution(s) listed on his or her Form DS–2019 and at locations where the institution(s) are involved in official school activities (e.g., school field trips and teacher training programs). (h) Duration of participation. The teacher shall be authorized to participate in the Exchange Visitor Program for the length of time necessary to complete the program, which shall not exceed three years. (a) Introduction. This section governs Department of State designated exchange visitor programs under which foreign national secondary school students are afforded the opportunity for up to one year of study in a United States accredited public or private secondary school, while living with an American host family or residing at an accredited U.S. boarding school. (b) Program sponsor eligibility. Eligibility for designation as a secondary school student exchange visitor program sponsor is limited to organizations: (1) With tax-exempt status as conferred by the Internal Revenue Service pursuant to section 501(c)(3) of the Internal Revenue Code; and (2) Which are United States citizens as such terms are defined in §62.2. (c) Program eligibility. Secondary school student exchange visitor programs designated by the Department of State must: (1) Require all participants to be enrolled and participating in a full course of study at an accredited educational institution; (2) Allow entry of participants for not less than one academic semester (or quarter equivalency) nor more than two academic semesters (or quarter equivalency) duration; and (3) Be conducted on a U.S. academic calendar year basis, except for students from countries whose academic year is opposite that of the United States. Exchange students may begin in the second semester of a U.S. academic year if specifically permitted to do so, in writing, by the school in which the exchange visitor is enrolled. Both the host family and school must be notified prior to the exchange student's arrival in the United States that the placement is for either an academic semester or year, or calendar year program. (d) Program administration. Sponsors must ensure that all officers, employees, representatives, agents, and volunteers acting on their behalf: (1) Are adequately trained and supervised and that any such person in direct personal contact with exchange students has been vetted through a criminal background check ; (2) Make no student placement beyond 120 miles of the home of a local organizational representative authorized to act on the sponsor's behalf in both routine and emergency matters arising from an exchange student's participation in the exchange visitor program; (3) Ensure that no organizational representative act as both host family and area supervisor for any exchange student participant; (4) Maintain, at minimum, a monthly schedule of personal contact with the student and host family, and ensure that the school has contact information for the local organizational representative and the program sponsor's main office; and (5) Adhere to all regulatory provisions set forth in this Part and all additional terms and conditions governing program administration that the Department may from time to time impose. (e) Student selection. In addition to satisfying the requirements of §62.10(a), sponsors must ensure that all participants in a designated secondary school student exchange visitor program: (1) Are secondary school students in their home country who have not completed more than eleven years of primary and secondary study, exclusive of kindergarten; or are at least 15 years of age but not more than 18 years and six months of age as of the program start date; (2) Demonstrate maturity, good character, and scholastic aptitude; and (3) Have not previously participated in an academic year or semester secondary school student exchange program in the United States or attended school in the United States in either F–1 or J–1 visa status. (f) Student enrollment. (1) Sponsors must secure prior written acceptance for the enrollment of any exchange student participant in a United States public or private secondary school. Such prior acceptance must: (i) Be secured from the school principal or other authorized school administrator of the school or school system that the exchange student participant will attend; and (ii) Include written arrangements concerning the payment of tuition or waiver thereof if applicable. (2) Under no circumstance may a sponsor facilitate the entry into the United States of an exchange student for whom a written school placement has not been secured. (3) Sponsors must maintain copies of all written acceptances and make such documents available for Department of State inspection upon request. (4) Sponsors must provide the school with a translated “written English language summary” of the exchange student's complete academic course work prior to commencement of school, in addition to any additional documents the school may require. Sponsors must inform the prospective host school of any student who has completed secondary school in his/her home country. (5) Sponsors may not facilitate the enrollment of more than five exchange students in one school unless the school itself has requested, in writing, the placement of more than five students. (6) Upon issuance of Form DS–2019 to a prospective participant, the sponsor accepts full responsibility for placing the student, except in cases of voluntary student withdraw or visa denial. (g) Student orientation. In addition to the orientation requirements set forth at §62.10, all sponsors must provide exchange students, prior to their departure from the home country, with the following information: (1) A summary of all operating procedures, rules, and regulations governing student participation in the exchange visitor program along with a detailed summary of travel arrangements; (2) Age and language appropriate information on how to identify and report sexual abuse or exploitation; (3) A detailed profile of the host family in which the exchange student is placed. The profile must state whether the host family is either a permanent placement or a temporary arrival family; (4) A detailed profile of the school and community in which the exchange student is placed; and (5) An identification card, which lists the exchange student's name, United States host family placement address and telephone number, and a telephone number which affords immediate contact with both the program sponsor, the program sponsor's organizational representative, and Department of State in case of emergency. Such cards may be provided in advance of home country departure or immediately upon entry into the United States. (h) Student extra-curricular activities. Exchange students may participate in school sanctioned and sponsored extra-curricular activities, including athletics, if such participation is: (1) Authorized by the local school district in which the student is enrolled; and (2) Authorized by the State authority responsible for determination of athletic eligibility, if applicable. (i) Student employment. Exchange students may not be employed on either a full or part-time basis but may accept sporadic or intermittent employment such as babysitting or yard work. (j) Host family selection. Sponsors must adequately screen and select all potential host families and at a minimum must: (1) Provide potential host families with a detailed summary of the exchange visitor program and the parameters of their participation, duties, and obligations; (2) Utilize a standard application form that must be signed and dated by all potential host family applicants which provides a detailed summary and profile of the host family, the physical home environment, family composition, and community environment. Exchange students are not permitted to reside with relatives. (3) Conduct an in-person interview with all family members residing in the home; (4) Ensure that the host family is capable of providing a comfortable and nurturing home environment; (5) Ensure that the host family has a good reputation and character by securing two personal references for each host family from the school or community, attesting to the host family's good reputation and character; (6) Ensure that the host family has adequate financial resources to undertake hosting obligations; (7) Verify that each member of the host family household eighteen years of age and older has undergone a criminal background check; and (8) Maintain a record of all documentation, including but not limited to application forms, background checks, evaluations, and interviews, for all selected host families for a period of three years. (k) Host family orientation. In addition to the orientation requirements set forth in Sec. 62.10, sponsors must: (1) Inform all host families of the philosophy, rules, and regulations governing the sponsor's exchange visitor program; (2) Provide all selected host families with a copy of Department of State-promulgated Exchange Visitor Program regulations; and (3) Advise all selected host families of strategies for cross-cultural interaction and conduct workshops which will familiarize the host family with cultural differences and practices. (l) Host family placement. (1) Sponsors must secure, prior to the student's departure from his or her home country, a permanent or arrival host family placement for each exchange student participant. Sponsors may not: (i) Facilitate the entry into the United States for an exchange student for whom a host family placement has not been secured; (ii) Place more than one exchange student with a host family without the express prior written consent of the Department of State. Under no circumstance may more than two exchange students may be placed with one host family. (2) Sponsors must advise both the exchange student and host family, in writing, of the respective family compositions and backgrounds of each, whether the host family placement is a permanent or temporary placement, and facilitate and encourage the exchange of correspondence between the two prior to the student's departure from the home country. (3) In the event of unforeseen circumstances which necessitate a change of host family placement, the sponsor must document the reason(s) necessitating such change and provide the Department of State with an annual statistical summary reflecting the number and reason(s) for such change in host family placement in the program's annual report. (m) Reporting requirements. Along with the annual report required by regulations set forth at §62.15, sponsors must file with the Department of State the following information: (1) Sponsors must immediately report to the Department any incident or allegation involving the actual or alleged sexual exploitation or abuse of an exchange student participant. Sponsors must also report such allegations as required by local or state statute or regulation. Failure to report such incidents to the Department and, as required by state law or regulation, to local law enforcement authorities shall be grounds for the summary suspension and termination of the sponsor's Exchange Visitor Program designation. (2) A summation of all situations which resulted in the placement of exchange student participants with more than one host family or school placement; and (3) Provide a report of all final academic year and semester program participant placements by August 31 for the upcoming academic year or January 15 for the Spring semester and calendar year. The report must provide at a minimum, the exchange visitor student's full name, Form DS–2019 number (SEVIS ID #), host family placement (current U.S. address), and school (site of activity) address. [71 FR 16697, Apr. 4, 2006] (a) Introduction. These regulations govern experts in a field of specialized knowledge or skill coming to the United States for observing, consulting, or demonstrating special skills, except: (1) Research scholars and professors, who are governed by regulations set forth at §62.20; (2) Short-term scholars, who are governed by regulations set forth at §62.21; and (3) Alien physicians in graduate medical education or training, who are governed by regulations set forth in §62.27. (b) Purpose. The Exchange Visitor Program promotes the interchange of knowledge and skills among foreign and American specialists, who are defined as experts in a field of specialized knowledge or skills, and who visit the United States for the purpose of observing, consulting, or demonstrating their special skills. It does so by providing foreign specialists the opportunity to observe American institutions and methods of practice in their professional fields, and to share their specialized knowledge with their American colleagues. The exchange of specialists promotes mutual enrichment, and furthers linkages among scientific institutions, government agencies, museums, corporations, libraries, and similar types of institutions. Such exchanges also enable visitors to better understand American culture and society and enhance American knowledge of foreign cultures and skills. This category is intended for exchanges with experts in such areas, for example, as mass media communication, environmental science, youth leadership, international educational exchange, museum exhibitions, labor law, public administration, and library science. This category is not intended for experts covered by the exchange visitor categories listed in paragraphs (a) (1) through (3) of this section. (c) Designation. The Department of State may, in its discretion, designate bona fide programs satisfying the objectives in section (b) above as an exchange visitor program in the specialist category. (d) Visitor eligibility. A foreign national shall be eligible to participate in an exchange visitor program as a specialist if the individual: (1) Is an expert in a field of specialized knowledge or skill; (2) Seeks to travel to the United States for the purpose of observing, consulting, or demonstrating his or her special knowledge or skills; and (3) Does not fill a permanent or long-term position of employment while in the United States. (e) Visitor selection. Sponsors shall adequately screen and select specialists prior to accepting them for the program, providing a formal selection process, including at a minimum: (1) Evaluation of the qualifications of foreign nationals to determine whether they meet the definition of specialist as set forth in §62.4(g); and (2) Screening foreign nationals to ensure that the requirements of §62.10(a) are satisfied. (f) Program disclosure. Before the program begins, the sponsor shall provide the specialist, in addition to what is required in §62.10(b), with: (1) Information on the length and location(s) of his or her exchange visitor program; (2) A summary of the significant components of the program; and (3) A written statement which clearly states the stipend, if any, to be paid to the specialist. (g) Issuance of Form IAP–66. The Form DS–2019 shall be issued only after the specialist has been accepted by the organization(s) with which he or she will participate in an exchange visitor program. (h) Location of the exchange. The specialist shall participate in an exchange visitor program at the location(s) listed on his or her Form DS–2019. (i) Duration of participation. The specialist shall be authorized to participate in the Exchange Visitor Program for the length of time necessary to complete the program, which shall not exceed one year. (a) Purpose. Pursuant to the Mutual Educational and Cultural Exchange Act, as amended by the Health Care Professions Act, Public Law 94–484, the Department of State facilitates exchanges for foreign medical graduates seeking to pursue graduate medical education or training at accredited schools of medicine or scientific institutions. The Department of State also facilitates exchanges of foreign medical graduates seeking to pursue programs involving observation, consultation, teaching, or research activities. (b) Clinical exchange programs. The Educational Commission for Foreign Medical Graduates must sponsor alien physicians who wish to pursue programs of graduate medical education or training conducted by accredited U.S. schools of medicine or scientific institutions. Such Foreign Medical Graduates shall: (1) Have adequate prior education and training to participate satisfactorily in the program for which they are coming to the United States; (2) Be able to adapt to the educational and cultural environment in which they will be receiving their education or training; (3) Have the background, needs, and experiences suitable to the program as required in §62.10(a)(1); (4) Have competency in oral and written English; (5) Have passed either Parts I and II of the National Board of Medical Examiners Examination, the Foreign Medical Graduate Examination in the Medical Sciences, the United States Medical Licensing Examination, Step I and Step II, or the Visa Qualifying Examination (VQE) prepared by the National Board of Medical Examiners, administered by the Educational Commission for Foreign Medical Graduates. [NB—Graduates of a school of medicine accredited by the Liaison Committee on Medical Education are exempted by law from the requirement of passing either Parts I and II of the National Board of Medical Examiners Examination or the Visa Qualifying Examination (VQE)]; and (6) Provide a statement of need from the government of the country of their nationality or last legal permanent residence. Such statement must provide written assurance, satisfactory to the Secretary of Health and Human Services, that there is a need in that country for persons with the skills the alien physician seeks to acquire and shall be submitted to the Educational Commission for Foreign Medical Graduates by the participant's government. The statement of need must bear the seal of the concerned government and be signed by a duly designated official of the government. The text of such statement of need shall read as follows:
Name of applicant for Visa: ___. There currently exists in (Country) a need for qualified medical practitioners in the speciality of ___. (Name of applicant for Visa) has filed a written assurance with the government of this country that he/she will return to this country upon completion of training in the United States and intends to enter the practice of medicine in the specialty for which training is being sought. Stamp (or Seal and signature) of issuing official of named country. Official of Named Country. (7) Submit an agreement or contract from a U.S. accredited medical school, an affiliated hospital, or a scientific institution to provide the accredited graduate medical education. The agreement or contract must be signed by both the alien physician and the official responsible for the training. (c) Non-clinical exchange programs. (1) A United States university or academic medical center which has been designated an exchange visitor program by the Secretary of State of the Department of State is authorized to issue From DS–2019 to alien physicians to enable them to come to the United States for the purposes of observation, consultation, teaching, or research if: (i) The responsible officer or duly designated alternate of the exchange visitor program involved signs and appends to the Form DS–2019 a certification which states “this certifies that the program in which (name of physician) is to be engaged is solely for the purpose of observation, consultation, teaching, or research and that no element of patient care is involved” or (ii) The dean of the involved accredited United States medical school or his or her designee certifies to the following five points and such certification is appended to the Form DS–2019 issued to the perspective exchange visitor alien physician: (A) The program in which (name of physician) will participate is predominantly involved with observation, consultation, teaching, or research. (B) Any incidental patient contact involving the alien physician will be under the direct supervision of a physician who is a U.S. citizen or resident alien and who is licensed to practice medicine in the State of ___. (C) The alien physician will not be given final responsibility for the diagnosis and treatment of patients. (D) Any activities of the alien physician will conform fully with the State licensing requirements and regulations for medical and health care professionals in the State in which the alien physician is pursuing the program. (E) Any experience gained in this program will not be creditable towards any clinical requirements for medical specialty board certification. (2) The Educational Commission for Foreign Medical Graduates may also issue Form DS–2019 to alien physicians who are coming to the United States to participate in a program of observation, consultation, teaching, or research provided the required letter of certification as outlined in this paragraph is appended to the Form DS–2019. (d) Public health and preventive medicine programs. A United States university, academic medical center, school of public health, or other public health institution which has been designated as an exchange visitor program sponsor by the Secretary of State of the Department of State is authorized to issue Forms DS–2019 to alien physicians to enable them to come to the United States for the purpose of entering into those programs which do not include any clinical activities involving direct patient care. Under these circumstances, the special eligibility requirements listed in paragraphs (b) and (c) of this section need not be met. The responsible officer or alternate responsible officer of the exchange visitor program involved shall append a certification to the Form DS–2019 which states.
This certifies that the program in which (name of physician) is to be engaged does not include any clinical activities involving direct patient care. (e) Duration of participation. (1) The duration of an alien physician's participation in a program of graduate medical education or training as described in paragraph (b) of this section is limited to the time typically required to complete such program. Duration shall be determined by the Secretary of State of the Department of State at the time of the alien physician's entry into the United States. Such determination shall be based on criteria established in coordination with the Secretary of Health and Human Services and which take into consideration the requirements of the various medical specialty boards as evidenced in the Director of Medical Specialties published by Marquis Who's Who for the American Board of Medical Specialties. (2) Duration of participation is limited to seven years unless the alien physician has demonstrated to the satisfaction of the Secretary of State that the country to which the alien physician will return at the end of additional specialty education or training has an exceptional need for an individual with such additional qualification. (3) Subject to the limitations set forth above, duration of participation may, for good cause shown, be extended beyond the period of actual training or education to include the time necessary to take an examination required for certification by a specialty board. (4) The Secretary of State may include within the duration of participation a period of supervised medical practice in the United States if such practice is an eligibility requirement for certification by a specialty board. (i) Alien physicians shall be permitted to undertake graduate medical education or training in a specialty or subspecialty program whose board requirements are not published in the Director of Medical Specialists if the Board requirements are certified to the Secretary of State and to the Educational Commission for Foreign Medical Graduates by the Executive Secretary of the cognizant component board of the American Board of Medical Specialties. (ii) The Secretary of State may, for good cause shown, grant an extension of the program to permit an alien physician to repeat one year of clinical medical training. (5) The alien physician must furnish the Attorney General each year with an affidavit (Form I–644) that attests the alien physician: (i) Is in good standing in the program of graduate medical education or training in which the alien physician is participating; and (ii) Will return to the country of his nationality or last legal permanent resident upon completion of the education or training for which he came to the United States. (f) Change of program. The alien physician may, once and not later than two years after the date the alien physician enters the United States as an exchange visitor or acquires exchange visitor status, change his designated program of graduate medical education or training if the Secretary of State approves the change and if the requirements of paragraphs (b) and (e) of this section are met for the newly designated specialty. (g) Applicability of section 212(e) of the Immigration and Nationality Act. (1) Any exchange visitor physician coming to the United States on or after January 10, 1977 for the purpose of receiving graduate medical education or training is automatically subject to the two-year home-country physical presence requirement of section 212(e) of the Immigration and Nationality Act, as amended. Such physicians are not eligible to be considered for section 212(e) waivers on the basis of “No Objection” statements issued by their governments. (2) Alien physicians coming to the United States for the purpose of observation, consultation, teaching, or research are not automatically subject to the two-year home-country physical presence requirement of section 212(e) of the Immigration and Nationality Act, as amended, but may be subject to this requirement if they are governmentally financed or pursuing a field of study set forth on their countries' Exchange Visitor Skills List. Such alien physicians are eligible for consideration of waivers under section 212(e) of the Immigration and Nationality Act, as amended, on the basis of “No Objection” statements submitted by their governments in their behalf through diplomatic channels to the Secretary of State of the Department of State. [58 FR 15196, Mar. 19, 1993; 58 FR 48448, Sept. 16, 1993. Redesignated at 64 FR 54539, Oct. 7, 1999] (a) Purpose. The international visitor category is for the exclusive use of the Department of State. Programs under this section are for foreign nationals who are recognized or potential leaders and are selected by the Department of State to participate in observation tours, discussions, consultation, professional meetings, conferences, workshops, and travel. These programs are designed to enable the international visitors to better understand American culture and society and contribute to enhanced American knowledge of foreign cultures. The category is for people-to-people programs which seek to develop and strengthen professional and personal ties between key foreign nationals and Americans and American institutions. (b) Selection. The Department of State and third parties assisting the Department of State shall adequately screen and select prospective international visitors to determine compliance with §62.10(a) and the visitor eligibility requirements set forth below. (c) Visitor eligibility. An individual participating in an exchange visitor program as an international visitor shall be: (1) Selected by the Department of State; (2) Engaged in consultation, observation, research, training, or demonstration of special skills; and (3) A recognized or potential leader in a field of specialized knowledge or skill. (d) Program disclosure. At the beginning of the program, the sponsor shall provide the international visitor with: (1) Information on the length and location(s) of his or her exchange visitor program; and (2) A summary of the significant components of the program. (e) Issuance of Form DS–2019. The Form DS–2019 shall be issued only after the international visitor has been selected by the Department of State. (f) Location of the exchange. The international visitor shall participate in an exchange visitor program at locations approved by the Department of State. (g) Duration of participation. The international visitor shall be authorized to participate in the Exchange Visitor Program for the length of time necessary to complete the program, which shall not exceed one year. (a) Purpose. The government visitor category is for the exclusive use of the U.S. federal, state, or local government agencies. Programs under this section are for foreign nationals who are recognized as influential or distinguished persons, and are selected by U.S. federal, state, or local government agencies to participate in observation tours, discussions, consultation, professional meetings, conferences, workshops, and travel. These are people-to-people programs designed to enable government visitors to better understand American culture and society, and to contribute to enhanced American knowledge of foreign cultures. The objective is to develop and strengthen professional and personal ties between key foreign nationals and Americans and American institutions. The government visitor programs are for such persons as editors, business and professional persons, government officials, and labor leaders. (b) Designation. The Department of State may, in its sole discretion, designate as sponsors U.S. federal, state, and local government agencies which offer foreign nationals the opportunity to participate in people-to-people programs which promote the purpose as set forth in (a) above. (c) Selection. Sponsors shall adequately screen and select prospective government visitors to determine compliance with §62.10(a) and the visitor eligibility requirements set forth below. (d) Visitor eligibility. An individual participating in an exchange visitor program as a government visitor shall be: (1) Selected by a U.S. federal, state, and local government agency; (2) Engaged in consultation, observation, training, or demonstration of special skills; and (3) An influential or distinguished person. (e) Program disclosure. Before the beginning of the program, the sponsor shall provide the government visitor with: (1) Information on the length and location(s) of his or her exchange visitor program; (2) A summary of the significant components of the program; and (3) A written statement which clearly states the stipend, if any, to be paid to the government visitor. (f) Issuance of Form DS–2019. The Form DS–2019 shall be issued only after the government visitor has been selected by a U.S. federal, state, or local government agency and accepted by the private and/or public organization(s) with whom he or she will participate in the exchange visitor program. (g) Location of the exchange. The government visitor shall participate in an exchange visitor program at the locations listed on his or her Form DS–2019. (h) Duration of participation. The government visitor shall be authorized to participate in the Exchange Visitor Program for the length of time necessary to complete the program, which shall not exceed eighteen months. (a) Introduction. In order to promote diverse opportunities for participation in educational and cultural exchange programs, the Department of State designates exchange sponsors to facilitate the entry of foreign nationals to serve as counselors in U.S. summer camps. These programs promote international understanding by improving American knowledge of foreign cultures while enabling foreign participants to increase their knowledge of American culture. The foreign participants are best able to carry out this objective by serving as counselors per se, that is, having direct responsibility for supervision of groups of American youth and of activities that bring them into interaction with their charges. While it is recognized that some non-counseling chores are an essential part of camp life for all counselors, this program is not intended to assist American camps in bringing in foreign nationals to serve as administrative personnel, cooks, or menial laborers, such as dishwashers or janitors. (b) Participant eligibility. Participation in camp counselor exchange programs is limited to foreign nationals who: (1) Are at least 18 years of age; (2) Are bona fide youth workers, students, teachers, or individuals with specialized skills; and (c) Participant selection. In addition to satisfying the requirements in §62.10(a), sponsors shall adequately screen all international candidates for camp counselor programs and at a minimum: (1) Conduct an in-person interview; and (2) Secure references from a participant's employer or teacher regarding his or her suitability for participation in a camp counselor exchange. (d) Participant orientation. Sponsors shall provide participants, prior to their departure from the home country, detailed information regarding: (1) Duties and responsibilities relating to their service as a camp counselor; (2) Contractual obligations relating to their acceptance of a camp counselor position; and (3) Financial compensation for their service as a camp counselor. (e) Participant placements. Sponsors shall place eligible participants at camping facilities which are: (1) Accredited; (2) A member in good standing of the American Camping Association; (3) Officially affiliated with a nationally recognized non-profit organization; or (4) Have been inspected, evaluated, and approved by the sponsor. (f) Participant compensation. Sponsors shall ensure that international participants receive pay and benefits commensurate with those offered to their American counterparts. (g) Participant supervision. Sponsors shall provide all participants with a phone number which allows 24 hour immediate contact with the sponsor. (h) Program administration. Sponsors shall: (1) Comply with all provisions set forth in subpart A of this part; (2) Not facilitate the entry of any participant for a program of more than four months duration; and (3) Under no circumstance facilitate the entry into the United States of a participant for whom a camp placement has not been pre-arranged. (i) Placement report. In lieu of listing the name and address of the camp facility at which the participant is placed on Form DS–2019, sponsors shall submit to the Department of State, no later than July 1st of each year, a report of all participant placements. Such report shall reflect the participant's name, camp placement, and the number of times the participant has previously participated in a camp counselor exchange. (j) In order to ensure that as many different individuals as possible are recruited for participation in camp counselor programs, sponsors shall limit the number of participants who have previously participated more than once in any camp counselor exchange to not more than ten percent of the total number of participants that the sponsor placed in the immediately preceding year. [58 FR 15196, Mar. 19, 1993, as amended at 59 FR 16984, Apr. 11, 1994. Redesignated at 64 FR 54539, Oct. 7, 1999] (a) Introduction. This section governs Department of State-designated exchange visitor programs under which foreign nationals are afforded the opportunity to live with an American host family and participate directly in the home life of the host family. All au pair participants provide child care services to the host family and attend a U.S. post-secondary educational institution. Au pair participants provide up to forty-five hours of child care services per week and pursue not less than six semester hours of academic credit or its equivalent during their year of program participation. Au pairs participating in the EduCare program provide up to thirty hours of child care services per week and pursue not less than twelve semester hours of academic credit or its equivalent during their year of program participation. (b) Program designation. The Department of State may, in its sole discretion, designate bona fide programs satisfying the objectives set forth in paragraph (a) of this section. Such designation shall be for a period of two years and may be revoked by the Department of State for good cause. (c) Program eligibility. Sponsors designated by the Department of State to conduct an au pair exchange program shall; (1) Limit the participation of foreign nationals in such programs to not more than one year; (2) Limit the number of hours an EduCare au pair participant is obligated to provide child care services to not more than 10 hours per day or more than 30 hours per week and limit the number of hours all other au pair participants are obligated to provide child care services to not more than 10 hours per day or more than 45 hours per week; (3) Require that EduCare au pair participants register and attend classes offered by an accredited U.S. post-secondary institution for not less than twelve semester hours of academic credit or its equivalent and that all other au pair participants register and attend classes offered by an accredited U.S. post-secondary institution for not less than six semester hours of academic credit or its equivalent; (4) Require that all officers, employees, agents, and volunteers acting on their behalf are adequately trained and supervised; (5) Require that the au pair participant is placed with a host family within one hour's driving time of the home of the local organizational representative authorized to act on the sponsor's behalf in both routine and emergency matters arising from the au pair's participation in their exchange program; (6) Require that each local organizational representative maintain a record of all personal monthly contacts (or more frequently as required) with each au pair and host family for which he or she is responsible and issues or problems discussed; (7) Require that all local organizational representatives contact au pair participants and host families twice monthly for the first two months following a placement other than the initial placement for which the au pair entered the United States. (8) Require that local organizational representatives not devoting their full time and attention to their program obligations are responsible for no more than fifteen au pairs and host families; and (9) Require that each local organizational representative is provided adequate support services by a regional organizational representative. (d) Au pair selection. In addition to satisfying the requirements of §62.10(a), sponsors shall ensure that all participants in a designated au pair exchange program: (1) Are between the ages of 18 and 26; (2) Are a secondary school graduate, or equivalent; (3) Are proficient in spoken English; (4) Are capable of fully participating in the program as evidenced by the satisfactory completion of a physical; (5) Have been personally interviewed, in English, by an organizational representative who shall prepare a report of the interview which shall be provided to the host family; and (6) Have successfully passed a background investigation that includes verification of school, three, non-family related personal and employment references, a criminal background check or its recognized equivalent and a personality profile. Such personality profile will be based upon a psychometric test designed to measure differences in characteristics among applicants against those characteristics considered most important to successfully participate in the au pair program. (e) Au pair placement. Sponsors shall secure, prior to the au pair's departure from the home country, a host family placement for each participant. Sponsors shall not: (1) Place an au pair with a family unless the family has specifically agreed that a parent or other responsible adult will remain in the home for the first three days following the au pair's arrival; (2) Place an au pair with a family having a child aged less than three months unless a parent or other responsible adult is present in the home; (3) Place an au pair with a host family having children under the age of two, unless the au pair has at least 200 hours of documented infant child care experience. An au pair participating in the EduCare program shall not be placed with a family having pre-school children in the home unless alternative full-time arrangements for the supervision of such pre-school children are in place; (4) Place an au pair with a host family having a special needs child, as so identified by the host family, unless the au pair has specifically identified his or her prior experience, skills, or training in the care of special needs children and the host family has reviewed and acknowledged in writing the au pair's prior experience, skills, or training so identified; (5) Place an au pair with a host family unless a written agreement between the au pair and the host family detailing the au pair's obligation to provide child care has been signed by both the au pair and the host family prior to the au pair's departure from his or her home country. Such agreement shall clearly state whether the au pair is an EduCare program participant or not. Such agreement shall limit the obligation to provide child care services to not more than 10 hours per day or more than 45 hours per week unless the au pair is an EduCare participant. Such agreement shall limit the obligation of an EduCare participant to provide child care service to not more than 10 hours per day or more than 30 hours per week. (6) Place the au pair with a family who cannot provide the au pair with a suitable private bedroom; and (7) Place an au pair with a host family unless the host family has interviewed the au pair by telephone prior to the au pair's departure from his or her home country. (f) Au pair orientation. In addition to the orientation requirements set forth at §62.10, all sponsors shall provide au pairs, prior to their departure from the home country, with the following information: (1) A copy of all operating procedures, rules, and regulations, including a grievance process, which govern the au pair's participation in the exchange program; (2) A detailed profile of the family and community in which the au pair will be placed; (3) A detailed profile of the educational institutions in the community where the au pair will be placed, including the financial cost of attendance at these institutions; (4) A detailed summary of travel arrangements; and (5) A copy of the Department of State's written statement and brochure regarding the au pair program. (g) Au pair training. Sponsors shall provide the au pair participant with child development and child safety instruction, as follows: (1) Prior to placement with the host family, the au pair participant shall receive not less than eight hours of child safety instruction no less than 4 of which shall be infant-related; and (2) Prior to placement with the American host family, the au pair participant shall receive not less than twenty-four hours of child development instruction of which no less than 4 shall be devoted to specific training for children under the age of two. (h) Host family selection. Sponsors shall adequately screen all potential host families and at a minimum shall: (1) Require that the host parents are U.S. citizens or legal permanent residents; (2) Require that host parents are fluent in spoken English; (3) Require that all adult family members resident in the home have been personally interviewed by an organizational representative; (4) Require that host parents and other adults living full-time in the household have successfully passed a background investigation including employment and personal character references; (5) Require that the host family have adequate financial resources to undertake all hosting obligations; (6) Provide a written detailed summary of the exchange program and the parameters of their and the au pair's duties, participation, and obligations; and (7) Provide the host family with the prospective au pair participant's complete application, including all references. (i) Host family orientation. In addition to the requirements set forth at §62.10 sponsors shall: (1) Inform all host families of the philosophy, rules, and regulations governing the sponsor's exchange program and provide all families with a copy of the Department of State's written statement and brochure regarding the au pair program; (2) Provide all selected host families with a complete copy of Department of State-promulgated Exchange Visitor Program regulations, including the supplemental information thereto; (3) Advise all selected host families of their obligation to attend at least one family day conference to be sponsored by the au pair organization during the course of the placement year. Host family attendance at such a gathering is a condition of program participation and failure to attend will be grounds for possible termination of their continued or future program participation; and (4) Require that the organization's local counselor responsible for the au pair placement contacts the host family and au pair within forth-eight hours of the au pair's arrival and meets, in person, with the host family and au pair within two weeks of the au pair's arrival at the host family home. (j) Wages and hours. Sponsors shall require that au pair participants: (1) Are compensated at a weekly rate based upon 45 hours of child care services per week and paid in conformance with the requirements of the Fair Labor Standards Act as interpreted and implemented by the United States Department of Labor. EduCare participants shall be compensated at a weekly rate that is 75% of the weekly rate paid to non-EduCare participants; (2) Do not provide more than 10 hours of child care per day, or more than 45 hours of child care in any one week. EduCare participants may not provide more than 10 hours of child care per day or more than 30 hours of child care in any one week; (3) Receive a minimum of one and one half days off per week in addition to one complete weekend off each month; and (4) Receive two weeks of paid vacation. (k) Educational component. Sponsors must: (1) Require that during their initial period of program participation, all EduCare au pair participants complete not less than 12 semester hours (or their equivalent) of academic credit in formal educational settings at accredited U.S. post-secondary institutions and that all other au pair participants complete not less than six semester hours (or their equivalent) of academic credit in formal educational settings at accredited U.S. post-secondary institutions. As a condition of program participation, host family participants must agree to facilitate the enrollment and attendance of au pairs in accredited U.S. post secondary institutions and to pay the cost of such academic course work in an amount not to exceed $1,000 for EduCare au pair participants and in an amount not to exceed $500 for all other au pair participants. (2) Require that during any extension of program participation, all participants (i.e., Au Pair or EduCare) satisfy an additional educational requirement, as follows: (i) For a nine or 12-month extension, all au pair participants and host families shall have the same obligation for coursework and payment therefore as is required during the initial period of program participation. (ii) For a six-month extension, EduCare au pair participants must complete not less than six semester hours (or their equivalent) of academic credit in formal educational settings at accredited U.S. post-secondary institutions. As a condition of participation, host family participants must agree to facilitate the enrollment and attendance of au pairs at accredited U.S. post secondary institutions and to pay the cost of such academic coursework in an amount not to exceed $500. All other au pair participants must complete not less than three semester hours (or their equivalent) of academic credit in formal educational settings at accredited U.S. post-secondary institutions. As a condition of program participation, host family participants must agree to facilitate the enrollment and attendance of au pairs at accredited U.S. post secondary institutions and to pay the cost of such academic coursework in an amount not to exceed $250. (l) Monitoring. Sponsors shall fully monitor all au pair exchanges, and at a minimum shall: (1) Require monthly personal contact by the local counselor with each au pair and host family for which the counselor is responsible. Counselors shall maintain a record of this contact; (2) Require quarterly contact by the regional counselor with each au pair and host family for which the counselor is responsible. Counselors shall maintain a record of this contact; (3) Require that all local and regional counselors are appraised of their obligation to report unusual or serious situations or incidents involving either the au pair or host family; and (4) Promptly report to the Department of State any incidents involving or alleging a crime of moral turpitude or violence. (m) Reporting requirements. Along with the annual report required by regulations set forth at §62.17, sponsors shall file with the Department of State the following information: (1) A summation of the results of an annual survey of all host family and au pair participants regarding satisfaction with the program, its strengths and weaknesses; (2) A summation of all complaints regarding host family or au pair participation in the program, specifying the nature of the complaint, its resolution, and whether any unresolved complaints are outstanding; (3) A summation of all situations which resulted in the placement of au pair participant with more than one host family; (4) A report by a certified public accountant, conducted pursuant to a format designated by the Department of State, attesting to the sponsor's compliance with the procedures and reporting requirements set forth in this subpart; (5) A report detailing the name of the au pair, his or her host family placement, location, and the names of the local and regional organizational representatives; and (6) A complete set of all promotional materials, brochures, or pamphlets distributed to either host family or au pair participants. (n) Sanctions. In addition to the sanctions provisions set forth at §62.50, the Department of State may undertake immediate program revocation procedures upon documented evidence that a sponsor has failed to: (1) Comply with the au pair placement requirements set forth in paragraph (e) of this section; (2) Satisfy the selection requirements for each individual au pair as set forth in paragraph (d) of this section; and (3) Enforce and monitor host family's compliance with the stipend and hours requirements set forth in paragraph (j) of this section. (o) Extension of program. The Department, in its sole discretion, may approve extensions for au pair participants beyond the initial 12-month program. Applications to the Department for extensions of six, nine, or 12 months, must be received by the Department not less than 30 calendar days prior to the expiration of the exchange visitor's initial authorized stay in either the Au Pair or EduCare program (i.e., 30-calendar days prior to the program end date listed on the exchange visitor's Form DS–2019). The request for an extension beyond the maximum duration of the initial 12-month program must be submitted electronically in the Department of Homeland Security's Student and Exchange Visitor Information System (SEVIS). Supporting documentation must be submitted to the Department on the sponsor's organizational letterhead and contain the following information: (1) Au pair's name, SEVIS identification number, date of birth, the length of the extension period being requested; (2) Verification that the au pair completed the educational requirements of the initial program; and (3) Payment of the required non-refundable fee (see 22 CFR 62.90) via Pay.gov. (p) Repeat participation. Exchange visitors who have participated in the Au Pair Program are not eligible for repeat participation. [60 FR 8552, Feb. 15, 1995, as amended at 62 FR 34633, June 27, 1997; 64 FR 53930, Oct. 5, 1999. Redesignated at 64 FR 54539, Oct. 7, 1999; 66 FR 43087, Aug. 17, 2001; 71 FR 33238, June 8, 2006] (a) Introduction. These regulations govern program participation in summer work travel programs conducted by Department of State-designated sponsors pursuant to the authority granted the Department of State by Public Law 105–277. These programs provide foreign post-secondary students the opportunity to work and travel in the United States for a four month period during their summer vacations. Extensions of program participation are not permitted. (b) Participant selection and screening. In addition to satisfying the requirements set forth at §62.10(a), sponsors shall adequately screen all program participants and at a minimum shall: (1) Conduct an in-person interview; (2) Ensure that the participant is a bona fide post-secondary school student in his or her home country; and (3) Ensure that not more than ten percent of selected program participants have previously participated in a summer work travel program. (c) Participant orientation. Sponsors shall provide program participants, prior to their departure from the home country, information regarding: (1) The name and location of their employer, if prior employment has been arranged; and (2) Any contractual obligations related to their acceptance of paid employment in the United States, if prior employment has been arranged. (d) Participant placement. Sponsors shall ensure that not less than 50 percent of their program participants have pre-arranged employment with a U.S. employer. For all program participants for whom pre-arranged employment has not been secured sponsors shall: (1) Ensure that the participant has sufficient financial resources to support him or herself during his or her search for employment; (2) Provide the participant with pre-departure information that explains how to seek employment and how to secure lodging in the United States; (3) Prepare and provide to program participants a roster of bona fide job listings equal to or greater than the number of participants for whom pre-arranged employment has not been secured; and, (4) Undertake reasonable efforts to secure suitable employment for any participant who has not found suitable employment within one week of commencing his or her job search. (e) Participant compensation. Sponsors shall advise program participants regarding Federal Minimum Wage requirements and shall ensure that participants receive pay and benefits commensurate with those offered to their American counterparts. (f) Monitoring. Sponsors shall provide: (1) All participants with a telephone number which allows 24-hour immediate contact with the sponsor; and (2) Appropriate assistance to program participants on an as-needed emergency basis. (g) Use of third parties. Program sponsors are responsible for full compliance with all Exchange Visitor Program regulations. If a program sponsor elects to utilize a third-party to provide U.S. hosting, orientation, placement, or other support services to participants for whom they have facilitated entry into the United States, such sponsor shall closely oversee the provision of these services by the third-party and ensure that the provision of these services satisfies all regulatory obligations. (h) Placement report. In lieu of listing the name and address of the participant's pre-arranged employer on the Form DS–2019, sponsors shall submit to the a report of all participant placements. Sponsors shall report the name, place of employment, and the number of times each participant has participated in a summer work travel program. In addition, for participants for whom employment was not pre-arranged, the sponsor shall also list the length of time it took for such participant to find employment. Such report shall be submitted semi-annually on January 30th and July 31st of each year and shall reflect placements made in the preceding six month period. (i) Unauthorized activities. Program participants may not be employed as domestic employees in United States households or in positions that require the participant to invest his or her own monies to provide themselves with inventory for the purpose of door-to-door sales. [64 FR 17976, Apr. 13, 1999; 64 FR 54539, Oct. 7, 1999. Redesignated at 64 FR 54539, Oct. 7, 1999]
Title 22: Foreign Relations
PART 62—EXCHANGE VISITOR PROGRAM
Subpart B—Specific Program Provisions
§ 62.20 Professors and research scholars.
§ 62.21 Short-term scholars.
§ 62.22 Trainees.
§ 62.23 College and university students.
§ 62.24 Teachers.
§ 62.25 Secondary school students.
§ 62.26 Specialists.
§ 62.27 Alien physicians.
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§ 62.28 International visitors.
§ 62.29 Government visitors.
§ 62.30 Camp counselors.
§ 62.31 Au pairs.
§ 62.32 Summer work travel.
