Federal Register / Vol. 74, No. 182 / Tuesday, September 22, 2009 / Proposed Rules 48177 

List of Subjects in 18 CFR Part 38 

Conflict of interests, Electric power 

plants, Electric utilities, Incorporation 

by reference, Reporting and 

recordkeeping requirements. 

By direction of the Commission. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

In consideration of the foregoing, the 

Commission proposes to revise Chapter 

I, Title 18, part 38 of the Code of Federal 

Regulations, as follows: 

PART 38—BUSINESS PRACTICE 

STANDARDS AND COMMUNICATION 

PROTOCOLS FOR PUBLIC UTILITIES 

1. The authority citation for part 38 

continues to read as follows: 

Authority: 16 U.S.C. 791–825r, 2601–2645; 

31 U.S.C. 9701; 42 U.S.C. 7101–7352. 

2. In § 38.2, paragraph (a)(12) is added 

to read as follows: 

§ 38.2 Incorporation by Reference of North 

American Energy Standards Board 

Wholesale Electric Quadrant Standards. 

(a) * * * 

(12) Measurement and Verification of 

Wholesale Electricity Demand Response 

(WEQ–015, 2008 Annual Plan Item 5(a), 

Mar. 16, 2009). 

* * * * * 

[FR Doc. E9–22784 Filed 9–21–09; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF STATE 

22 CFR Part 62 

[Public Notice: 6767] 

RIN 1400–AC36 

Exchange Visitor Program—General 

Provisions 

AGENCY: United States Department of 

State. 

ACTION: Proposed rule with request for 

comment. 

SUMMARY: The Department of State is 

proposing to amend the General 

Provisions (Subpart A) of the existing 

Exchange Visitor Program regulations. 

This section of the regulations 

establishes the procedures for 

designated Program sponsors and 

addresses overall Program 

administration. It provides the overall 

context in which to interpret all other 

provisions of the Exchange Visitor 

Program regulations. The General 

Provisions have not been revised in 

whole in over 15 years, despite 

modifications of many of the categoryspecific regulations and changes in 

technology. 

The proposed regulations encompass 

technical changes to the General 

Provisions and address public 

diplomacy and foreign policy concerns, 

including the Department’s ability to 

monitor Program sponsors and to ensure 

the safety and well-being of foreign 

nationals who come to the United States 

as Program participants. The 

amendment of this section incorporates 

changes made to the regulations since 

the last update in 1993. It ties all 

regulatory requirements together and 

consolidates the requirements set forth 

in the SEVIS reporting requirements 

regulations into the General Provisions. 

Certain definitions have been added, 

made clearer or deleted. This rule also 

proposes new requirements regarding 

applications for designation and 

redesignation, a change in the required 

amount of health insurance coverage, 

the identification of an Employer 

Identification Number (EIN) and Dun & 

Bradstreet numbers by sponsors and 

third party entities, the collection of 

employment authorization information 

and validation of the SEVIS record on 

an exchange visitor’s accompanying 

spouse and dependents, criminal 

background checks on all Responsible 

Officers and Alternate Responsible 

Officers, and the implementation of 

management audits across all categories 

under the Private Sector Programs 

Division of the Office of Designation. 

The Student and Exchange Visitor 

Information System (SEVIS) currently in 

place is being redesigned. The redesign, 

SEVIS II, has no immediate impact on 

this proposed rule. Prior to the 

implementation of SEVIS II the 

Department of Homeland Security will 

introduce any new requirements or 

procedures to the public through a 

proposed rule with a comment period. 

DATES: The Department will accept 

comments from the public up to 

November 23, 2009. 

ADDRESSES: You may submit comments, 

identified by any of the following 

methods: 

• Persons with access to the Internet 

may view this notice and provide 

comments by going to the 

regulations.gov Web site at: http:// 

www.regulations.gov/index.cfm 

• Mail (paper, disk, or CD–ROM 

submissions): U.S. Department of State, 

Office of Designation, SA–5, Floor 5, 

2200 C Street, NW., Washington, DC 

20522–0505. 

• E-mail: jexchanges@state.gov. You 

must include the title and RIN in the 

subject line of your message. 

FOR FURTHER INFORMATION CONTACT: 

Stanley S. Colvin, Deputy Assistant 

Secretary for Private Sector Exchanges, 

U.S. Department of State, SA–5, Floor 5, 

2200 C Street, NW., Washington, DC 

20522–0505; (202) 632–9288; or e-mail 

at jexchanges@state.gov. 

SUPPLEMENTARY INFORMATION: The 

Department of State is proposing 

modifications to § 62.2 through § 62.16 

of the Code of Federal Regulations, Title 

22: Foreign Relations, Part 62— 

Exchange Visitor Program (Subpart A— 

General Provisions). Subpart A governs 

the designation of Program sponsors and 

addresses overall Program 

administration. It provides the overall 

context in which all remaining 

provisions of Part 62 are interpreted. 

Subpart A has remained largely 

unchanged since 1993, when the 

predecessor agency with oversight of the 

Exchange Visitor Program, the United 

States Information Agency (USIA), 

substantially rewrote all of the 

regulations governing the Program. (See 

58 FR 15196, Mar. 19, 1993, as amended 

at 59 FR 34761, July 7, 1994, 

redesignated at 64 FR 54539, Oct. 7, 

1999.) In the intervening 15 years, the 

Department of State modified 

regulations governing certain categories 

of exchange visitors and added new 

categories. New regulations governing 

the trainee category were published in 

2007. Specialty and non-specialty 

training were eliminated and new 

trainee regulations implemented. A new 

category, Intern, was created. A 

subcategory of the College/University 

Student program, Student Intern, was 

also put in place for use by the 

academic community. 

The amendment of this section 

incorporates changes to the regulations 

since the last update in 1993, including 

the change in the period of 

redesignation which, with the passage 

of the Enhanced Border Security and 

Visa Entry Reform Act of 2002, Part 

(b)(1) (Section 502), was changed from 

every five years to every two years. The 

updates are important because they tie 

all regulatory requirements together, 

ensuring that the regulations are clear 

and that all sponsors understand and 

follow the same requirements in the 

administration of their designated 

exchange visitor programs. SEVIS is 

being redesigned. The redesign, SEVIS 

II, has no immediate impact on this 

proposed rule. Prior to implementation 

of SEVIS II, the Department of 

Homeland Security will introduce any 

new requirements or procedures to the 

public through a proposed rule with a 

comment period. 

To strengthen program oversight, the 

implementation of management audits 

for all private sector program sponsors, 

as currently utilized in the Au Pair 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
48178 Federal Register / Vol. 74, No. 182 / Tuesday, September 22, 2009 / Proposed Rules 

Program, are proposed. A management 

audit is a review of a sponsor’s internal 

controls. The audit identifies 

weaknesses in operating procedures in 

the conduct of an organization’s 

business and in meeting regulatory 

requirements in the administration of 

their exchange visitor program. The 

Department has employed an almost 

fully staffed Compliance Office to 

monitor the extent to which the nearly 

1,500 designated sponsors comply with 

the Exchange Visitor Program 

regulations. Still it lacks all the tools 

necessary to perform timely, statistically 

valid, and repeatable assessments of the 

regulatory compliance of the sponsors of 

the ‘‘high risk’’ categories of exchange, 

much less the entire sponsor 

community. The high risk categories are 

the secondary school student, au pair, 

camp counselor, summer work travel, 

intern, trainee and teacher. They are of 

high risk because they involve placing 

young adults in homes of strangers, 

placing young children in the care of 

foreign nationals, or the category is at 

risk of being abused and used as 

ordinary work or employment programs 

rather than the educational and cultural 

exchange programs as intended. 

Through these management audits, 

the Department will be able to identify 

those sponsors who are not complying 

with the regulations. Equally important, 

the results of these audits will provide 

a framework that will facilitate the 

application of measured sanctions. That 

is, with a better understanding of the 

range of non-compliance within a given 

category, the Department can impose 

appropriate sanctions while limiting the 

risk that it will be accused of being 

arbitrary or capricious. Sponsors would 

be required to engage independent 

auditors to perform these audits 

annually, reviewing internal operating 

procedures of the sponsor and the files 

of a statistically valid sampling of a 

sponsor’s program participants. The 

estimated cost of this new requirement 

to program sponsors is between $6,000 

and $10,000. The data collection 

required for management audit 

templates is within the scope of existing 

data collections (see OMB 1405–0147, 

Form DS–7000, Catalog of Information 

Collection Requirements under 22 CFR 

Part 62, the Exchange Visitor Program 

(SEVIS)). 

This proposed rule also includes a 

new provision requiring that all new 

applicants for sponsor designation 

undergo a site visit prior to designation. 

Such site visits, to be conducted by the 

Department of State or a third party on 

its behalf, will ensure an entity has the 

facilities, staff and equipment necessary 

to conduct an exchange program. Onsite reviews of existing sponsors may 

occur at the discretion of the 

Department. The applicants and/or 

sponsors will bear the cost of these 

reviews. The site visits and on-site 

reviews are a critical monitoring tool for 

ensuring data integrity and for ensuring 

the health, safety and welfare of 

Exchange Visitor Program participants. 

The cost will be determined by the 

required bi-annual user fee study. The 

Department of State anticipates a fee 

similar to that of the DHS site visit fee 

of $655, but will not commit to any 

amount until the results of the user fee 

study have been analyzed. 

The Department of State also proposes 

to require potential Responsible Officers 

(‘‘RO’’) and Alternate Responsible 

Officers (‘‘ARO’’) to undergo a criminal 

background check. This requirement is 

reflective of the importance of the role 

of such individuals within sponsor 

organizations and their rights of access 

to and manipulation of data for a 

controlled federal government database. 

ROs and AROs are the only individuals 

authorized to issue and sign Forms DS– 

2019, the ‘‘Certificate of Eligibility for 

Exchange Visitor (J–1) Status.’’ Foreign 

nationals wishing to participate in the 

Exchange Visitor Program must obtain 

Forms DS–2019 in order to apply for a 

J-visa to gain entry into the United 

States. Thus, it is of vital importance 

that the individuals who have access to 

a secured federal government database 

(SEVIS) be properly vetted. The 

Department of State introduced a 

criminal background check requirement 

in 2005 for individuals hosting 

secondary school student participants. 

Conducting annual criminal background 

checks on ROs and AROs will help to 

strengthen and protect the integrity of 

the Exchange Visitor Program and 

SEVIS. The costs imposed by this 

requirement on sponsor organizations 

are estimated to be minimal; $15 per RO 

and ARO which amounts to a maximum 

annual burden of $165 if a sponsor has 

the maximum level of designated 

officials. 

The Department of State will not 

require applicants or sponsors to submit 

the results of the criminal background 

checks. Rather, the Chief Executive 

Officer, President, or other similar 

official must submit a certification that 

the organization’s RO and AROs have 

undergone a criminal background check 

as supporting documentation. The 

sponsor or applicant must maintain 

these records and provide them to the 

Department upon request. The proposed 

regulation does not set specific 

requirements for the sponsors to follow 

with respect to report format, screening 

company, or assessment of results. It 

does anticipate, however, that a 

thorough criminal background check 

would provide management decision 

makers with sufficient information to 

determine whether ROs and AROs are 

citizens of the United States or lawful 

permanent residents, whether any 

record of past criminal activity should 

disqualify them from the positions, and 

whether there is pertinent information 

regarding their suitability for the 

proposed position such as creditworthiness or whether they have a 

criminal record that would prevent their 

appointment. These three areas of 

review are essential in order to 

determine suitability to hold positions 

that affect national security. 

The Department of State requires that 

sponsors utilize the services of a bona 

fide background screener. While the 

Department does not sanction any 

particular screening organization, the 

only known membership organization of 

bona fide background screeners is the 

National Association of Professional 

Background Screeners (NAPBS). NAPBS 

has over 700 members (a list of which 

is located at http://www.NAPBS.com) all 

of whom are expected to adhere to the 

NAPBS code of conduct governing 

background investigations and 

confidentiality. The conduct of a 

criminal background check does not 

confirm an individual’s suitability to act 

as an RO or an ARO and is in no way 

a substitution for the sponsor’s 

judgment in making such decisions. 

The rule proposes, as a requirement of 

designation, that the minimum 

experience in international exchange for 

an organization or the proposed 

Responsible Officer be increased from 

one to three years. Many organizations/ 

individuals with minimal experience 

have been applying for designation. 

These individuals/organizations have 

typically worked with designated 

sponsors in some capacity or have 

conducted short term exchanges, but 

lack the full realm of experience in all 

aspects of exchange activities, to 

include regulatory knowledge, critical to 

administering a successful exchange 

program. The administration of 

programs in some exchange visitor 

categories are more complex than others 

(i.e., au pairs and secondary school 

students which require locating and 

screening host families, schools, local 

and regional coordinators, close 

monitoring, etc.). It is believed that the 

requirement of three years experience is 

necessary to develop a strong and stable 

environment for the conduct of the 

Exchange Visitor Program. Applicants 

may demonstrate experience in 

international exchange by providing 

resumes, and information on previous 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
Federal Register / Vol. 74, No. 182 / Tuesday, September 22, 2009 / Proposed Rules 48179 

exchange programs and visas used in 

the conduct of these activities. The 

collection of the Employer Identification 

Number (EIN) and Date of Issuance for 

each applicant is also being proposed. 

This requirement ensures that the entity 

is registered for tax purposes and 

recognized as a bona fide business. 

In July 2007, the Department of State 

implemented an interim final rule on 

Trainees and Interns that required 

sponsors to screen, vet and enter into 

written agreements with third parties 

who assist them in recruiting, selecting, 

screening, orienting, placing, training or 

evaluating foreign nationals who 

participate in training and internship 

programs (FR 33673, June 19, 2007). 

This requirement is relevant to sponsors 

who rely upon ‘‘host organizations’’ to 

provide the actual training or intern 

programs, such as a business, law firm, 

or hotel. It also affects foreign agents 

who play a vital role in the selection of 

potential exchange visitors. The trainee 

and intern regulations require all third 

parties—foreign and domestic alike— to 

provide Dun & Bradstreet identification 

numbers. Similarly, this proposed rule 

requires all applicants for sponsor 

designation to submit current Dun & 

Bradstreet Business Information Reports 

on themselves. A current Dun and 

Bradstreet Business Information Report 

is also required of all sponsors with the 

submission of an application for 

redesignation. Sponsors seeking 

redesignation will be required to submit 

a list of all third parties with whom 

sponsors have executed written 

agreements to act on their behalf as well 

as separate certifications that the 

sponsors have obtained Dun & 

Bradstreet Business Information Reports 

on all third parties with whom they 

conduct business. These reports provide 

information on the business operations 

of an entity (e.g., financials, credit 

history, staffing, pending legal issues, 

etc.). The requirement for these reports 

will help to ensure that sponsors are 

working with and/or placing exchange 

visitors with viable third party entities. 

The Department has negotiated with 

Dun and Bradstreet for a reduced rate 

per report based on the number of 

designated sponsors and third parties. 

Currently, the cost per report to 

Department of State sponsor 

organizations is approximately $65. 

This rule proposes to increase the 

current levels of health insurance 

coverage a sponsor must require that its 

exchange visitor (and spouse and 

dependents) maintain during the 

duration of their exchange visitor 

program participation. The current 

minimum coverage has been in place 

since 1993. The amounts of coverage 

required is considered below current 

inflation and healthcare costs and does 

not cover actual costs incurred today as 

reported by the sponsors. We are 

updating the coverage to be consistent 

with today’s amounts. Many sponsors 

currently insure participants at a higher 

level of coverage than that identified in 

the current regulations. To ensure 

coverage levels remain consistent with 

recommended industry standards, the 

Department will periodically issue 

guidance reflecting the mandatory 

minimum levels of coverage. A sponsor 

must ensure that health insurance is in 

place for each exchange visitor and his/ 

her accompanying spouse and 

dependents for the duration of their 

exchange visitor program as reflected on 

the Form DS–2019 (Program begin and 

Program end date.) Insurance 

regulations do not require ‘‘portal to 

portal’’ insurance coverage of 

participants. Such coverage is highly 

desirable and sponsors may, but are not 

required to, offer this coverage. 

The Department of State proposes to 

collect information on the employment 

of the accompanying spouse and 

dependents while in the United States. 

As a security matter, information on the 

employment entity and work location of 

the spouse and dependents is not 

collected in SEVIS. Capturing this 

information in SEVIS will allow for 

better monitoring and assist in 

mitigating risks involving these nonimmigrants. 

Definitions used in the regulations 

have been added or modified to clarify 

terms or reflect changes. New 

definitions in this proposed rule clarify 

SEVIS functions or fields or reflect 

changes that have occurred since 1993. 

The term ‘‘accredited educational 

institution’’ has been changed to 

‘‘accredited academic institution’’. In 

the proposed definition, the Department 

of State clarifies that educational 

institutions that offer primarily 

vocational or technical courses of study 

are not considered academic. The 

addition of the ‘‘technical’’ distinction 

parallels the Department of Education’s 

replacement of regulations governing 

purely ‘‘vocational’’ studies with a new 

‘‘vocational/technical’’ classification 

that acknowledges the new information 

technology curricula that are neither 

vocational nor academic. Vocational 

programs are not included under the 

Mutual Educational and Cultural 

Exchange Act of 1961. 

Three SEVIS-related definitions have 

been added to the proposed regulations: 

‘‘actual and current U.S. address’’, ‘‘site 

of activity’’, and ‘‘validation.’’ The first 

two definitions are critical as they relate 

to the physical location of the exchange 

visitor while in the United States. 

Simply put, sponsors must maintain 

current and accurate data in these 

SEVIS fields so that foreign nationals 

may be located at the site of activity 

(location where the program will take 

place) or at the actual and current U.S. 

address (residence). Maintaining this 

information is a matter of national 

security. The SEVIS function of 

validating a record is similarly 

important. When an exchange visitor 

enters the United States and reports to 

his or her exchange program, the 

sponsor must note this occurrence in 

SEVIS through the validation process, 

thereby demonstrating that an exchange 

visitor and accompanying spouse and 

dependents, if any, are currently present 

in the United States and that the 

exchange visitor is participating in the 

exchange visitor program identified on 

the Form DS–2019. For the purpose of 

this rulemaking, the 30-day requirement 

for validation remains unchanged and is 

consistent with current Department of 

Homeland Security requirements. The 

Department is clarifying the regulations 

on updating the SEVIS records upon the 

failure of an exchange visitor to begin 

his/her exchange program. 

The term ‘‘Certificate of Good 

Standing’’ has been added and, for 

clarity, the definition for ‘‘Citizen of the 

United States’’ has been split into two: 

one that pertains to individuals and 

another that relates to legal entities. 

This rule also reflects changes in 

technology, and it moves requirements 

previously in Subpart F to Subpart A. 

The change from paper numbered forms 

to the electronically generated Form 

DS–2019 requires two fundamental 

alterations to the regulations. First, any 

requirements relating to the physical 

storage of unused forms are obsolete. 

Second, matters of national security 

require that circulating Forms DS–2019 

(i.e., those not kept internally in a 

sponsor’s files) must be originals. All 

Forms DS–2019 must be generated 

through SEVIS. The proposed 

regulations prohibit the use of scanned, 

copied, or electronic versions of Forms 

DS–2019 except in response to a request 

from the Department of State or the 

Department of Homeland Security or for 

maintenance of complete exchange 

visitor records by sponsors. The 

proposed rule also requires sponsors to 

request that potential program 

participants return unused Forms DS– 

2019, and that such forms be destroyed. 

The proposed rule also clarifies those 

actions a sponsor must undertake to 

update an exchange visitor’s SEVIS 

record (or the record of any 

accompanying spouse and dependents, 

if any) when the exchange visitor’s 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
48180 Federal Register / Vol. 74, No. 182 / Tuesday, September 22, 2009 / Proposed Rules 

program participation is ended early 

(e.g., concluded successfully or 

terminated as a result of violation of 

program rules, regulations or U.S. law). 

The Department of State is reducing 

from 21 to ten (10) days the time a 

sponsor has following notification of an 

exchange visitor’s change of 

circumstance to update the exchange 

visitor’s SEVIS record (or the records of 

a spouse or dependents). 

Finally, as a record-keeping and 

administrative oversight matter, 

sponsors will be required to maintain 

current information in SEVIS on its 

exchange visitor program, address, 

telephone numbers, facsimile numbers, 

or e-mail addresses. All Department 

communication to sponsors related to 

program oversight, policy, redesignation, etc., sent to ROs and AROs 

are generated from information 

contained in SEVIS. The Department 

will not recognize non-receipt of 

notification of a request or other 

communication from the Department of 

State or from SEVIS as grounds for 

appeal in cases where a sponsor does 

not respond to such request or 

communication. Sponsors are required 

to ensure that their spam filters do not 

block reception of SEVIS or Department 

of State notices. The term ‘‘in writing’’ 

is expanded to include the option for 

electronic signatures to support 

movement toward a paperless 

environment. 

Note: Current § 62.17 remains unchanged. 

Regulatory Analysis 

Administrative Procedure Act 

The Department of State has 

determined that this Proposed Rule 

involves a foreign affairs function of the 

United States and is consequently 

exempt from the procedures required by 

5 U.S.C. 553 pursuant to 5 U.S.C. 

553(a)(1). Nonetheless, because of its 

importance to the public, the 

Department has elected to solicit 

comments during a 60-day comment 

period. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

The Proposed Rule has been found 

not to be a major rule within the 

meaning of the Small Business 

Regulatory Enforcement Fairness Act of 

1996. 

Regulatory Flexibility Act/Executive 

Order 13272: Small Business 

Since this Proposed Rule is exempt 

from 5 U.S.C 553, and no other law 

requires the Department of State to give 

notice of proposed rulemaking, it is not 

subject to the Regulatory Flexibility Act 

(5 U.S.C. 601, et seq.) and Executive 

Order 13272, § 3(b). 

Executive Order 12866, as Amended 

The Department of State does not 

consider this proposed rule to be a 

‘‘significant regulatory action’’ under 

Executive Order 12866, as amended, 

§ 3(f), Regulatory Planning and Review. 

In addition, the Department of State is 

exempt from Executive Order 12866 

except to the extent that it is 

promulgating regulations in conjunction 

with a domestic agency that are 

significant regulatory actions. The 

Department has nevertheless reviewed 

the proposed rule to ensure its 

consistency with the regulatory 

philosophy and principles set forth in 

that Executive Order. 

Executive Order 12988 

The Department of State has reviewed 

this proposed rule in light of §§ 3(a) and 

3(b)(2) of Executive Order 12988 to 

eliminate ambiguity, minimize 

litigation, establish clear legal 

standards, and reduce burden. 

Unfunded Mandates Reform Act of 1995 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 (UFMA), 

Public Law 104–4, 109 Stat. 64, 2 U.S.C. 

1532, generally requires agencies to 

prepare a statement before proposing 

any rule that may result in an annual 

expenditure of $100 million or more by 

state, local, or tribal governments, or by 

the private sector. This rule will not 

result in any such expenditure, nor will 

it significantly or uniquely affect small 

governments. 

Executive Orders 12372 and 13132 

This regulation will not have 

substantial direct effect on the states, on 

the relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with § 6 of Executive Order 

13132, it is determined that this rule 

does not have sufficient federalism 

implications to require consultations or 

warrant the preparation of a federalism 

summary impact statement. Executive 

Order 12372, regarding 

intergovernmental consultation on 

federal programs and activities, does not 

apply to this regulation. 

Paperwork Reduction Act 

The information collection 

requirements contained in this proposed 

rulemaking (criminal background 

screening of Responsible Officers 

(‘‘ROs’’) and Alternate Responsible 

Officers (‘‘AROs’’)) are pursuant to the 

Paperwork Reduction Act, 44 U.S.C. 

Chapter 35. Specifically OMB Control 

Number 1405–0147, expiration date: 09/ 

30/2010, applies: Form DS–3037— 

Update of Information on Exchange 

Visitor Program Sponsor, Form DS– 

7000—Catalog of Information Collection 

Requirements Under 22 CFR Part 62, the 

Exchange Visitor Program (SEVIS), as 

well as OMB Control Number 1405– 

0119, expiration date 7/31/2011: DS– 

2019—Certificate of Eligibility for 

Exchange Visitor (J–1) Status. No PRA 

changes are required as a result of this 

regulation. 

List of Subjects in 22 CFR Part 62 

Cultural exchange programs, 

Reporting and recordkeeping 

requirements. 

Accordingly, 22 CFR Part 62 is 

proposed to be amended as follows: 

PART 62—EXCHANGE VISITOR 

PROGRAM 

1. The Authority citation for Part 62 

continues to read as follows: 

Authority: 8 U.S.C. 1101(a)(15)(J), 1182, 

1184, 1258; 22 U.S.C. 1431–1442, § 2451 et 

seq.; Foreign Affairs Reform and 

Restructuring Act of 1998, Public Law 105– 

277, Div. G, 112 Stat. 2681 et seq.; 

Reorganization Plan No. 2 of 1977, 3 CFR, 

1977 Comp. p. 200; E.O. 12048 of March 27, 

1978; 3 CFR, 1978 Comp. p. 168; the Illegal 

Immigration Reform and Immigrant 

Responsibility Act (IIRIRA) of 1996, Public 

Law 104–208, Div. C, 110 Stat. 3009–546, as 

amended; Uniting and Strengthening 

America by Providing Appropriate Tools 

Required to Intercept and Obstruct Terrorism 

Act of 2001 (USA PATRIOT ACT), Public 

Law 107–56, Sec. 416, 115 Stat. 354; and the 

Enhanced Border Security and Visa Entry 

Reform Act of 2002, Public Law 107–173, 116 

Stat. 543. 

2. Sections 62.2 through 62.16 are 

revised to read as follows: 

§ 62.2 Definitions. 

The following definitions apply to 

this part: 

Accompanying spouse and 

dependents. The alien spouse and 

minor unmarried children of an 

exchange visitor who are accompanying 

or following to join the exchange visitor 

and who seek to enter or have entered 

the United States temporarily on a nonimmigrant J–2 visa or seeks to acquire 

or have acquired such status after 

admission. For the purpose of these 

regulations, a minor is a person under 

the age of 21. 

Accredited academic institution. Any 

publicly or privately operated primary, 

secondary, or post-secondary institution 

in the United States that offers primarily 

academic programs and is duly 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
Federal Register / Vol. 74, No. 182 / Tuesday, September 22, 2009 / Proposed Rules 48181 

accredited by the appropriate academic 

accrediting authority of the state in 

which such institution is located; 

provided, however, that in addition, all 

post-secondary institutions must also be 

accredited by a nationally recognized 

accrediting agency or association as 

recognized by the Secretary of 

Education. An institution that offers 

primarily vocational or technical 

programs does not fall within the 

purview of an academic institution for 

this purpose. 

Act. The Mutual Educational and 

Cultural Exchange Act of 1961, as 

amended. 

Actual and current U.S. address. The 

physical, geographic location at which 

an exchange visitor resides while 

participating in an exchange program. 

Alternate Responsible Officer 

(‘‘ARO’’). An employee or officer of a 

designated sponsor who has been 

nominated by the sponsor, and 

approved by the Department of State to 

assist the Responsible Officer in 

carrying out the responsibilities 

outlined in § 62.11. An ARO must be a 

citizen of the United States or a lawful 

permanent resident of the United States. 

Certificate of Good Standing. A 

document issued by an official of the 

Department of State in the state where 

the organization resides. A Certificate of 

Good Standing confirms that a 

corporation, partnership or other legal 

entity is in existence or authorized to 

transact business. A Certificate of Good 

Standing is also known as a Certificate 

of Authorization or a Certificate of 

Existence. 

Citizen of the United States (entity). 

(1) A general or limited partnership 

created or organized under the laws of 

the United States, or of any state, the 

District of Columbia, or any territory or 

outlying possessions of the United 

States, of which a majority of the 

partners are citizens of the United 

States: 

(i) Which has its principal place of 

business in the United States; and 

(ii) In instances where the partnership 

is additionally governed by a Board, the 

majority of whose officers are citizens of 

the United States; or 

(2) A for-profit corporation, 

association, or other legal entity created 

or organized under the laws of the 

United States, or of any state, the 

District of Columbia, or a territory or 

outlying possessions of the United 

States, whose principal place of 

business is located in the United States, 

and 

(i) Whose shares or voting interests 

are publicly traded on a U.S. stock 

exchange; or 

(ii) A majority of whose officers, a 

majority of whose shareholders, and a 

majority of the members of its Board of 

Directors are citizens of the United 

States and collectively hold a majority 

of the shares or stock (i.e., the 

controlling interest); or 

(3) A non-profit corporation, 

association, or other legal entity created 

or organized under the laws of the 

United States, or any state, the District 

of Columbia, or any territory or outlying 

possessions of the United States; and 

(i) Which is qualified with the 

Internal Revenue Service as a taxexempt organization pursuant to section 

501(c)(3) of the Internal Revenue Code; 

and 

(ii) Whose principal place of business 

is located in the United States; and 

(iii) A majority of whose officers and 

a majority of whose members of its 

Board of Directors, Board of Trustees or 

other like body vested with its 

management are citizens of the United 

States; or 

(4) An accredited college, university, 

or other post-secondary academic 

institution in the United States created 

or organized under the laws of the 

United States, or of any state, county, 

municipality, or other political 

subdivision thereof, the District of 

Columbia, or of any territory or outlying 

possession of the United States; or 

(5) An agency of the United States, or 

of any state or local government, the 

District of Columbia, or any territory or 

outlying possession of the United States. 

Citizen of the United States 

(individual). A person who: 

(1) Is a citizen or national of the 

United States or any of its territories or 

outlying possessions; or 

(2) Has been lawfully admitted for 

permanent residence, within the 

meaning of section 101(a)(20) of the 

Immigration and Nationality Act (8 

U.S.C. 1101). 

Clerical work. Routine administrative 

work generally performed in an office or 

office-like setting, such as data entry, 

filing, typing, mail sorting and 

distribution, and other general 

administrative or support office tasks. 

Consortium. A not-for-profit 

corporation, partnership, joint venture 

or other association formed by two or 

more accredited academic institutions 

for the purpose of sharing educational 

resources, conducting research, and/or 

developing new programs to enrich or 

expand the opportunities offered by its 

members. An academic institution in 

the United States that participates in a 

consortium is not barred from having 

separate exchange visitor program 

designations of its own. 

Country of nationality or last legal 

permanent residence. The country of 

which the exchange visitor is a national 

at the time status as an exchange visitor 

was acquired or the last foreign country 

in which the visitor had a legal 

permanent residence before acquiring 

status as an exchange visitor. 

Cross-cultural activity. An activity 

designed to promote exposure and 

interchange between exchange visitors 

and Americans so as to increase their 

understanding of each other’s society, 

culture, and institutions. 

Department of State. The United 

States Department of State. 

Designation. The written 

authorization given by the Department 

of State to an exchange visitor program 

applicant to conduct an exchange visitor 

program as a sponsor. 

Employee. An individual who 

provides services or labor for an 

employer for wages or other 

remuneration. A third party, as defined 

in this section, or an independent 

contractor, as defined in 8 CFR 

274a.1(j), is not an employee. 

Exchange visitor. A foreign national 

who is in the United States temporarily 

on a non-immigrant J–1 visa to 

participate in an exchange visitor 

program. The term does not include the 

accompanying spouse and dependents 

of the exchange visitor. 

Exchange Visitor Program. The 

international exchange program 

administered by the Department of State 

to implement the Act by means of 

educational and cultural exchange 

programs. When ‘‘exchange visitor 

program’’ is set forth in lower case, it 

refers to the individual program of a 

sponsor that has been designated by the 

Department of State. 

Exchange visitor’s government. The 

government of the exchange visitor’s 

country of nationality or last legal 

permanent residence. 

Financed directly. Financed in whole 

or in part by the U.S. Government or the 

exchange visitor’s government with 

funds contributed directly to the 

exchange visitor in connection with his 

or her participation in an exchange 

visitor program. 

Financed indirectly. (1) Financed by 

an international organization with funds 

contributed by either the United States 

or the exchange visitor’s government for 

use in financing international 

educational and cultural exchanges, or 

(2) Financed by an organization or 

institution with funds made available by 

either the United States or the exchange 

visitor’s government for the purpose of 

furthering international educational and 

cultural exchange. 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
48182 Federal Register / Vol. 74, No. 182 / Tuesday, September 22, 2009 / Proposed Rules 

Foreign Medical Graduate. A foreign 

national that: 

(1) Is a graduate of a school of 

medicine that is accredited by a body or 

bodies approved for the purpose by the 

Secretary of Education (regardless of 

whether such school of medicine is in 

the United States) and entering the 

United States for the purpose of seeking 

to pursue graduate medical education or 

training at accredited schools of 

medicine or scientific institutions; or, 

for the purposes of observation, 

consultation, teaching, or research; or, 

(2) Has passed Parts I and II of the 

National Board of Medical Examiners 

Examination (or an equivalent 

examination as determined by the 

Secretary of Health and Human 

Services), has competency in oral and 

written English, will be able to adapt to 

the educational and cultural 

environment in which he or she will be 

receiving his/her education or training, 

and has adequate prior education and 

training to participate satisfactorily in 

the program for which he/she is coming 

to the United States. 

Form DS–2019. A Certificate of 

Eligibility for Exchange Visitor (J–1) 

Status, a controlled document of the 

Department of State. 

Form DS–3036. Exchange Visitor 

Program Application, a controlled 

document of the Department of State. 

Form DS–3037. Update of Information 

on a Sponsor’s Exchange Visitor 

Program. A controlled document of the 

Department of State. 

Form DS–7002. Training/Internship 

Placement Plan (T/IPP). A controlled 

document of the Department of State. 

This Form is for use in connection with 

the Trainee, Intern and Student Intern 

categories only. 

Full course of study. Full-time 

enrollment in an academic program of 

classroom participation and study and/ 

or doctoral thesis research at an 

accredited academic institution as 

follows: 

(1) Secondary school students must 

satisfy the attendance and course 

requirements of the state in which the 

school they attend are located; and 

(2) College and university students 

must register for and complete a full 

course of study, as defined by the 

accredited academic institution in 

which the student is registered, unless 

exempted in accordance with § 62.23(e). 

Graduate medical education or 

training. Participation in a program in 

which a foreign medical graduate will 

receive graduate medical education or 

training, which generally consists of a 

residency or fellowship program 

involving health care services to 

patients, but does not include programs 

involving observation, consultation, 

teaching or research in which there is 

no or only incidental patient care. This 

program may consist of a medical 

specialty, a directly related medical 

subspecialty, or both. 

Home-country physical presence 

requirement. The requirement that an 

exchange visitor (J visa) who is within 

the purview of section 212(e) of the 

Immigration and Nationality Act, as 

amended, and Public Law 94–484 

(substantially quoted in 22 CFR 41.63) 

must reside and be physically present in 

the country of nationality or last legal 

permanent residence for an aggregate of 

at least two years following departure 

from the United States before the 

exchange visitor is eligible to apply for 

an immigrant visa or permanent 

residence, a non-immigrant H visa as a 

temporary worker or trainee, or a nonimmigrant L visa, as an intracompany 

transferee, or a non-immigrant H or L 

visa as the spouse or minor child of a 

person who has been granted status in 

H or L non-immigrant classification as 

a temporary worker or trainee or an 

intracompany transferee. See section 

101(a)(15)(H) or section 101(a)(15)(L) of 

the Immigration and Nationality Act, as 

amended. 

Host organization. A third party in the 

United States that conducts training and 

internship programs on behalf of a 

designated sponsor pursuant to an 

executed written agreement between the 

two parties. 

Internship program. A structured and 

guided work-based learning program as 

set forth in an individualized T/IPP that 

reinforces an intern’s academic study; 

recognizes the need for work-based 

experience; provides on-the-job 

exposure to American techniques, 

methodologies, and technologies; and 

enhances the intern’s knowledge of 

American culture and society. 

J visa. A non-immigrant visa issued 

pursuant to 8 U.S.C. 1101(a)(15)(J). A J– 

1 visa is issued to an exchange visitor. 

A J–2 visa is issued to the exchange 

visitor’s accompanying non-immigrant 

immediate family, spouse and minor 

dependent children. 

Office of Designation. The Department 

of State office to which the Secretary of 

State delegated the authority to 

administer the Exchange Visitor 

Program. 

On-the-job training. An individual’s 

observation of and participation in 

given tasks demonstrated by 

experienced workers for the purpose of 

acquiring competency in such tasks. 

Prescribed course of study. A nondegree academic program with a 

specific educational objective. Such 

course of study may include intensive 

English language training, classroom 

instruction, research projects, and/or 

academic training to the extent 

permitted in § 62.23. 

Reciprocity. The participation of a 

U.S. citizen in an educational and 

cultural program in a foreign country in 

exchange for the participation of a 

foreign national in the Exchange Visitor 

Program. Where used herein, 

‘‘reciprocity’’ will be interpreted 

broadly; unless otherwise specified, 

reciprocity does not require a one-forone exchange or that exchange visitors 

be engaged in the same activity. 

Responsible Officer (‘‘RO’’). An 

employee or officer of a designated 

sponsor who has been nominated by the 

sponsor, and approved by the 

Department of State to carry out the 

duties outlined in § 62.11. An RO must 

be a citizen of the United States or a 

lawful permanent resident of the United 

States. 

Secretary of State. The Secretary of 

State or an employee of the U.S. 

Department of State acting under a 

delegation of authority from the 

Secretary of State. 

SEVIS (Student and Exchange Visitor 

Information System). The statutorily 

mandated system designed to collect 

information on non-immigrant students 

(F and M visa), exchange visitors (J 

visa), and their spouses and dependents 

(F–2, M–2, and J–2). SEVIS enables 

schools and program sponsors to 

electronically transmit information and 

event notifications, via the Internet, to 

the Department of Homeland Security 

and the Department of State throughout 

a student’s or exchange visitor’s stay in 

the United States. 

Site of activity. The physical, 

geographic location(s) where an 

exchange visitor participates in his or 

her exchange program. If a program 

takes place at more than one location, 

the sponsor must list all locations in 

SEVIS and indicate as ‘‘primary’’ the 

one at which the exchange visitor is 

currently located. 

Sponsor. A legal entity designated by 

the Secretary of State to conduct an 

exchange visitor program. 

Staffing/employment agency. A U.S. 

business that hires individuals for the 

express purpose of supplying workers to 

other businesses. Typically, the other 

businesses where workers are placed 

pay an hourly fee per employee to the 

staffing/employment agency, of which 

the worker receives a percentage. 

Student internship program. A 

structured and guided work-based 

learning program as set forth in an 

individualized Form DS–7002 that 

fulfills a student’s academic degree 

requirements, recognizes the need for 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
Federal Register / Vol. 74, No. 182 / Tuesday, September 22, 2009 / Proposed Rules 48183 

work-based experience, provides on-thejob exposure to American techniques, 

methodologies, and technologies, and 

enhances a student intern’s knowledge 

of American culture and society. 

Third party. A person or legal entity 

with whom a sponsor has executed a 

written agreement for the person or 

entity to act on behalf of the sponsor in 

the conduct of the sponsor’s exchange 

visitor program. A third party under 

contract with a sponsor may not 

subcontract or delegate its Exchange 

Visitor Program obligations to another 

party. Sponsors are required to take all 

reasonable steps to ensure that third 

parties know and comply with all 

applicable provisions of these 

regulations. The Department of State 

imputes to sponsors all actions a third 

party takes in acting on their behalf. 

Training program. A structured and 

guided work-based learning program, as 

set forth in Form DS–7002, that 

develops new and advanced skills in a 

trainee’s occupational field through 

exposure to American techniques, 

methodologies, and technologies; and 

enhances a trainee’s understanding of 

American culture and society. 

Validation. The process by which a 

Responsible Officer or Alternate 

Responsible Officer updates a SEVIS 

record of an exchange visitor (and 

accompanying spouse and dependents, 

if any) to show that the prospective 

exchange visitor (and accompanying 

spouse and dependents, if any) entered 

the United States, reported to his or her 

sponsor, and is participating in the 

exchange visitor program, at the site of 

activity identified on the Form DS– 

2019. 

§ 62.3 Sponsor eligibility. 

(a) Entities eligible to apply for 

designation as a sponsor of an exchange 

visitor program are the following: 

(1) U.S. local, state and federal 

government agencies to include the 

District of Columbia; and government 

agencies of any U.S. territories and 

outlying possessions; 

(2) International agencies or 

organizations of which the United States 

is a member and that have an office in 

the United States; or 

(3) Reputable organizations that are 

‘‘citizens of the United States,’’ as that 

term is defined in § 62.2. 

(b) To be eligible for designation as a 

sponsor, an entity is required to: 

(1) Demonstrate, to the Department of 

State’s satisfaction, its ability to comply 

and remain in continual compliance 

with all applicable provisions of 22 CFR 

Part 62; 

(2) Meet at all times its financial 

obligations and responsibilities 

attendant to successful sponsorship of 

its exchange visitor program; 

(3) Demonstrate that the organization 

or its proposed RO has no fewer than 

three years experience in international 

exchange; and 

(4) Has successfully completed a site 

visit conducted by the Department of 

State or its agent, the cost for which will 

be borne by the applicant. 

§ 62.4 Categories of participant eligibility. 

Sponsors select foreign nationals to 

participate in exchange visitor 

program(s) in the United States. 

Participation is limited to foreign 

nationals who meet the following 

criteria for each of the following 

categories: 

(a) Student. A foreign national who is: 

(1) Studying in the United States and: 

(i) Pursuing a full course of study at 

a secondary accredited academic 

institution; 

(ii) Pursuing a full course of study 

leading to or culminating in the award 

of a U.S. degree from a post-secondary 

accredited academic institution; or 

(iii) Engaged full-time in a prescribed 

course of study of up to 24 months (nondegree) duration conducted by: 

(A) A post-secondary accredited 

academic institution; or 

(B) An institute approved by or 

acceptable to the post-secondary 

accredited academic institution, where 

the student is to be enrolled upon 

completion of the non-degree program; 

(2) Engaged in academic training as 

permitted in § 62.23(f); 

(3) Engaged in English language 

training at: 

(i) A post-secondary accredited 

academic institution, or 

(ii) An institute approved by or 

acceptable to the post-secondary 

accredited academic institution where 

the college/university student is to be 

enrolled upon completion of the 

language training; or 

(4) Engaged full-time in a student 

internship program conducted by a 

post-secondary accredited educational 

institution. 

(b) Short-term scholar. A foreign 

national who is a professor, research 

scholar, or person with similar 

education or accomplishments who 

enters the United States on a short-term 

visit for the purpose of lecturing, 

observing, consulting, training, or 

demonstrating special skills at research 

institutions, museums, libraries, postsecondary accredited academic 

institutions, or similar types of 

institutions. 

(c) Trainee. A foreign national 

participating in a structured and guided 

work-based training program in his or 

her specific occupational field and who 

has either: 

(1) A degree or professional certificate 

from a foreign post-secondary academic 

institution and at least one year of prior 

related work experience in his or her 

occupational field acquired outside the 

United States; or 

(2) Five years of work experience in 

his or her occupational field acquired 

outside the United States. Training is 

limited to the occupational category or 

categories for which a sponsor has 

obtained designation. 

(d) Teacher. A foreign national with a 

minimum of three years of teaching 

experience for the purpose of teaching 

full-time in a primary or secondary 

accredited academic institution. 

(e) Professor. A foreign national 

whose primary purpose is teaching, 

lecturing, observing, or consulting at 

post-secondary accredited academic 

institutions, museums, libraries, or 

similar types of institutions. A professor 

may also conduct research, unless 

disallowed by the sponsor. 

(f) Research scholar. A foreign 

national whose primary purpose is 

conducting research, observing, or 

consulting in connection with a 

research project at research institutions, 

corporate research facilities, museums, 

libraries, post-secondary accredited 

academic institutions, or similar types 

of institutions. A research scholar may 

also lecture, unless disallowed by the 

sponsor. 

(g) Specialist. A foreign national who 

is an expert in a field of specialized 

knowledge or skills who enters the 

United States for the purpose of 

observing, consulting, or demonstrating 

special knowledge or skills. 

(h) Other person of similar 

description. A foreign national of 

description similar to those set forth in 

paragraphs (a) through (g) of this section 

coming to the United States as a 

participant in an exchange visitor 

program designated by the Department 

of State under this category, for the 

purpose of teaching, instructing or 

lecturing, studying, observing, 

conducting research, consulting, 

demonstrating special skills, or 

receiving training. The programs 

designated by the Department of State in 

this category consist of: 

(1) Alien physician. A foreign national 

who is a graduate of a school of 

medicine who is coming to the United 

States under a program in which he or 

she will receive graduate medical 

education or training conducted by 

accredited U.S. schools of medicine or 

scientific institutions. 

(2) International visitor. A foreign 

national who is a recognized or 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
48184 Federal Register / Vol. 74, No. 182 / Tuesday, September 22, 2009 / Proposed Rules 

potential leader, selected by the 

Department of State for the purpose of 

consulting, observing, conducting 

research, training, or demonstrating 

special skills in the United States. 

(3) Government visitor. A foreign 

national who is an influential or 

distinguished person, selected by a U.S. 

federal, state, or local government 

agency for the purpose of consulting, 

observing, training, or demonstrating 

special skills in the United States. 

(4) Camp counselor. A foreign 

national selected to be a counselor in a 

summer camp in the United States (e.g., 

during the U.S. summer months). 

(5) Au pair. A foreign national who 

comes to the United States for a period 

of one year for the purpose of residing 

with an American host family and 

participate directly in their home life, 

while providing limited childcare 

services, and fulfilling an educational 

requirement. 

(6) Summer Work and Travel. A 

foreign national who is a bona fide 

foreign post-secondary student currently 

enrolled in and actively pursuing a 

degree or a full-time course of study at 

a foreign accredited post-secondary 

academic institution whose purpose is 

work and travel in the United States for 

up to four months during his or her 

summer vacation. 

(7) Intern. A foreign national 

participating in a structured and guided 

work-based internship program in his or 

her specific academic field and who is 

either: 

(i) Currently enrolled full-time in and 

actively pursuing studies at a degree- or 

certificate-granting post-secondary 

academic institution outside the United 

States; or 

(ii) Graduated from such an 

institution no more than 12 months 

prior to the exchange visitor program 

begin date reflected on the Form DS– 

2019. 

§ 62.5 Application procedure. 

(a) An entity meeting the eligibility 

requirements set forth in § 62.3 may 

apply to the Department of State for 

designation as an Exchange Visitor 

Program sponsor. Designation will not 

be considered if an applicant cannot 

meet the eligibility requirements set 

forth in § 62.3. An applicant must first 

complete and submit Form DS–3036 in 

SEVIS. The complete application must 

consist of: 

(1) A completed copy of Form DS– 

3036 signed by the applicant’s Chief 

Executive Officer, President, or 

equivalent; 

(2) Required supporting 

documentation and certifications as set 

forth herein; and 

(3) Confirmation of payment of the 

required fee through pay.gov as set forth 

in § 62.17. 

(b) The complete application must set 

forth, in detail, the applicant’s proposed 

exchange program activity and must 

demonstrate, to the Department of 

State’s sole satisfaction, the applicant’s 

ability to meet the designation 

requirements set forth in § 62.3 and the 

sponsor obligations set forth in § 62.9. 

(c) Applications must be accompanied 

by the following supporting documents: 

(1) Evidence of legal status of the 

applicant as a U.S. corporation, 

partnership, or other legal entity (e.g., 

charter, proof of incorporation, 

partnership agreement, as applicable) as 

set forth in § 62.3(a); 

(2) Evidence of experience in 

operating a successful business, 

including a minimum of three years of 

experience in international exchange by 

the organization or by the proposed RO; 

(3) Evidence of the applicant’s 

financial viability as set forth in 

§ 62.9(e) and any supplemental or 

explanatory financial information the 

Department of State may request. 

(i) An established organization must 

present a current audit report with audit 

notes prepared by an independent 

certified public accounting firm. 

(ii) A newly formed organization must 

present a compilation (a balance sheet, 

statement of cash flows and all 

disclosures, revenues, expenditures, and 

notes to financial statements) prepared 

by an independent certified public 

accounting firm demonstrating that the 

organization has been capitalized with 

sufficient funds to cover general 

operating expenses and costs associated 

with an exchange; 

(iii) The Department of State may, in 

its sole discretion, condition its 

approval of the acceptance of full 

financial responsibility by the nongovernmental sponsor by requiring such 

sponsor to secure a payment bond in 

favor of the Department guaranteeing 

the sponsor’s obligations hereunder. 

(4) A current Certificate of Good 

Standing or Certificate of Existence; 

(5) Employer Identification Number 

(EIN) and Date of Issuance; 

(6) A current Business Information 

Report on the applicant organization 

from Dun & Bradstreet; 

(7) Evidence of current accreditation 

if the applicant is a secondary or postsecondary academic institution; 

(8) Evidence of current licensure, if 

required by local, state, or federal law, 

to carry out the activity for which it is 

seeking designation; 

(9) A statement signed by the Chief 

Executive Officer, President, or 

equivalent certifying that: 

(i) The applicant is a citizen of the 

United States as defined in § 62.2; 

(ii) The proposed RO and all proposed 

ARO(s) are United States citizens or 

lawful permanent residents of the 

United States; 

(iii) The sponsor has completed a 

criminal background check on the 

potential RO and all ARO(s) and has 

determined their suitability for these 

positions; and 

(iv) The RO will be provided 

sufficient staff and resources to fulfill 

his or her duties and obligations on 

behalf of the applicant. 

(10) Evidence that the proposed RO 

and ARO(s) are citizens of the United 

States or lawful permanent residents of 

the United States (e.g., copy of passport, 

birth certificate); 

(11) A completed SEVIS generated 

Citizenship Certification for the 

proposed RO and all proposed ARO(s); 

and 

(12) Such additional information or 

documentation that the Department of 

State may deem necessary to evaluate 

the application. 

§ 62.6 Designation. 

(a) Upon its favorable determination 

that an applicant meets all statutory and 

regulatory requirements, the Department 

of State may, in its sole discretion, 

designate the applicant as an Exchange 

Visitor Program sponsor. Initial 

designations are effective for one or two 

years at the sole discretion of the 

Department. The initial designation 

period for a newly formed organization 

will be limited to one year. 

(b) Designation will confer upon a 

sponsor the authority to engage in one 

or more activities specified in § 62.4. A 

sponsor may engage only in the activity 

or activities specifically authorized in 

its written letter of designation. 

(c) Designations are not transferable or 

assignable. 

§ 62.7 Redesignation. 

(a) A sponsor must file for 

redesignation no more than six months 

and no fewer than three months before 

the designation expiration date as set 

forth in the sponsor’s letter of 

designation or its most recent letter of 

redesignation. Failure to apply for 

redesignation according to this schedule 

is cause for termination pursuant to 

§ 62.60(g). 

(b) A sponsor seeking redesignation as 

an Exchange Visitor Program sponsor 

must first complete and submit Form 

DS–3036 in SEVIS. The complete 

application must consist of: 

(1) A completed copy of Form DS– 

3036, signed by the sponsor’s Chief 

Financial Officer, President or 

equivalent; 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
Federal Register / Vol. 74, No. 182 / Tuesday, September 22, 2009 / Proposed Rules 48185 

(2) Required supporting 

documentation and certifications as set 

forth herein; and 

(3) Confirmation of payment of the 

required non-refundable fee through 

pay.gov as set forth in § 62.17. 

(c) The complete application must 

include the following supporting 

documentation and certifications: 

(1) A current Business Information 

Report from Dun & Bradstreet on the 

sponsor; 

(2) A list of all third parties (foreign 

and domestic) with whom the sponsor 

has executed a written agreement for the 

person or entity to act on behalf of the 

sponsor in the conduct of the sponsor’s 

exchange visitor program and, if 

requested by the Department of State, a 

separate certification that the sponsor 

has obtained a Dun & Bradstreet 

Business Information Report for each 

third party. The list should include the 

name of the third party organization, 

address of the third party organization, 

purpose for agreement, and contact 

information; 

(3) A copy of the most recent year-end 

financial statements; 

(4) A copy of the most recent letter of 

accreditation if the sponsor is a 

secondary or post-secondary academic 

institution; 

(5) A list of the names, addresses and 

citizenship of the current members of its 

Board of Directors or the Board of 

Trustees or other like body, vested with 

the management of the organization or 

partnership, and/or the percentage of 

stocks/shares held, as applicable; 

(6) For a non-profit organization, a 

signed copy of the sponsor’s most recent 

Form 990 filed with the Internal 

Revenue Service; 

(7) Such additional information or 

documentation that the Department of 

State may request; 

(8) A statement signed by the Chief 

Executive Officer, President, or 

equivalent certifying that the sponsor 

has completed a criminal background 

check on the RO and all AROs and has 

determined their suitability for these 

positions; and 

(9) Such additional information or 

documentation that the Department of 

State may deem necessary to evaluate 

the application. 

(d) Upon its favorable determination 

that a sponsor meets all statutory and 

regulatory requirements, the Department 

of State may, in its sole discretion, 

redesignate the organization as an 

Exchange Visitor Program sponsor for 

one or two years. 

§ 62.8 General program requirements. 

(a) Size of program. A sponsor, other 

than a federal government agency, must 

have no fewer than five actively 

participating exchange visitors during 

the annual reporting cycle (e.g., 

academic, calendar or fiscal) as stated in 

its letter of designation or redesignation. 

The Department of State may, in its sole 

discretion and for good cause shown, 

waive this requirement. 

(b) Minimum duration of program. A 

sponsor, other than a federal 

government agency, must provide each 

exchange visitor, except those 

sponsored in the short-term scholar 

category, with a minimum period of 

participation in the United States of no 

less than three weeks. 

(c) Reciprocity. In conducting its 

exchange visitor program, a sponsor 

must make a good faith effort to develop 

and implement, to the fullest extent 

possible, a reciprocal exchange of 

persons. 

(d) Cross-cultural activities. A sponsor 

must: 

(1) Offer or make available to 

exchange visitors and the accompanying 

spouse and dependents, if any, a variety 

of appropriate cross-cultural activities. 

The extent and type of the cross-cultural 

activities will be determined by the 

needs and interests of the particular 

category of exchange visitor. A sponsor 

will be responsible for determining the 

appropriate type and number of such 

cross-cultural programs. The 

Department of State encourages 

sponsors to give their exchange visitors 

the broadest exposure to American 

society, culture and institutions; and 

(2) Encourage exchange visitors to 

participate voluntarily in activities that 

are for the purpose of sharing the 

language, culture, or history of their 

home country with Americans, 

provided such activities do not delay 

the completion of the exchange visitors’ 

program. 

§ 62.9 General obligations of sponsors. 

(a) Adherence to Department of State 

regulations. A sponsor is required to 

adhere to all regulations set forth in this 

Part. A sponsor who willfully or 

negligently fails to comply will be 

subject to the sanctions set forth in 

§ 62.50 or termination as set forth in 

§ 62.60. 

(b) Legal status. A sponsor must 

maintain legal status or its designation 

will terminate pursuant to § 62.60(e). A 

sponsor’s change in legal status (e.g., 

from partnership to corporation, nonprofit to for-profit) requires the 

submission of a new application for 

designation of the successor legal entity 

within 45 days of the change in legal 

status. 

(c) Accreditation and licensure. A 

sponsor must remain in compliance 

with all local, state, and federal laws, 

and professional requirements necessary 

to carry out the activities for which it is 

designated, including accreditation and 

licensure, if applicable. 

(d) Representations and disclosures. 

A sponsor must: 

(1) Provide accurate and complete 

information, to the extent lawfully 

permitted, to the Department of State 

and the Department of Homeland 

Security regarding its exchange visitor 

program, exchange visitors, and 

accompanying spouse and dependents 

(if any); 

(2) Provide accurate information to 

the public when advertising its 

exchange visitor program(s) or 

responding to public inquiries; 

(3) Provide informational materials to 

prospective exchange visitors, and host 

families, if applicable, that clearly 

explain the activities, costs, conditions, 

and restrictions of its exchange visitor 

program(s); 

(4) Not use the program number(s) 

assigned by the Department of State at 

time of designation on any advertising 

materials or publications intended for 

general circulation, including sponsor 

Web sites; and 

(5) Not represent that its exchange 

visitor program is endorsed, sponsored, 

or supported by the Department of State 

or the U.S. Government, except for U.S. 

Government sponsors or exchange 

visitor programs financed directly by 

the U.S. Government to promote 

international educational exchanges. A 

sponsor may, however, represent that it 

is designated by the Department of State 

as a sponsor of an exchange visitor 

program. 

(e) Financial responsibility. (1) A 

sponsor must maintain the financial 

capability to meet at all times its 

financial obligations and 

responsibilities attendant to successful 

sponsorship of its exchange visitor 

program. 

(2) The Department of State may 

require a non-government sponsor to 

provide evidence satisfactory to the 

Department that funds necessary to 

fulfill all obligations and 

responsibilities attendant to 

sponsorship of its exchange visitor 

program are readily available and in the 

sponsor’s control, including such 

supplementary or explanatory financial 

information as the Department may 

deem appropriate. 

(3) The Department of State may 

require a non-government sponsor to 

secure a payment bond in favor of the 

Department guaranteeing all financial 

obligations arising from the sponsorship 

its exchange visitor program. 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
48186 Federal Register / Vol. 74, No. 182 / Tuesday, September 22, 2009 / Proposed Rules 

(f) Staffing and support services. A 

sponsor must ensure that: 

(1) Adequate staffing and sufficient 

support services are provided to 

administer its exchange visitor program; 

and 

(2) Its employees, officers, agents, 

independent contractors, third parties, 

volunteers or other individuals 

associated with the administration of its 

exchange visitor program are adequately 

qualified, appropriately trained, and 

comply with the Exchange Visitor 

Program regulations and immigration 

laws pertaining to the administration of 

its exchange visitor program(s). 

(g) Appointment of Responsible 

Officers and Alternate Responsible 

Officers. (1) A sponsor must appoint a 

RO and a minimum of one (1) or a 

maximum of ten (10) AROs to assist the 

RO in performing the duties set forth at 

§ 62.11. A sponsor must ensure that the 

potential RO and AROs have undergone 

a criminal background check to 

determine their suitability for these 

positions. ROs and AROs must be 

citizens or lawful permanent residents 

of the United States. 

(2) ROs and AROs must be employees 

or officers of the designated sponsor. 

Upon written sponsor request, the 

Department of State may, in its sole 

discretion, authorize the appointment of 

an individual who is not an employee 

or officer to serve as an ARO. 

(3) In the event of the departure of a 

RO or ARO, the sponsor must file a 

request for the approval of a 

replacement in SEVIS and forward the 

required documentation to the 

Department of State within ten (10) 

calendar days from the date of the RO’s 

or ARO’s departure. 

(4) Requests to replace the RO or add 

an ARO must be submitted in SEVIS 

and a signed Form DS–3037 mailed to 

the Department of State with the 

required completed Citizenship 

Certification, along with certification 

that the individual has undergone a 

criminal background check. 

(5) The Department of State reserves 

the right, in its sole discretion, to deny 

the appointment of an RO or ARO. 

§ 62.10 Program administration. 

A sponsor is responsible for the 

effective administration of its exchange 

visitor program(s). These 

responsibilities include: 

(a) Selection of exchange visitors. A 

sponsor must establish and utilize a 

method to screen and select prospective 

exchange visitors to ensure that they are 

eligible for program participation, and 

that: 

(1) The program is suitable to the 

exchange visitor’s background, needs, 

and experience; and 

(2) The exchange visitor possesses 

sufficient proficiency in the English 

language as measured by an objective 

measurement of English language 

proficiency to participate successfully 

in his or her exchange visitor program. 

(b) Pre-arrival information. A sponsor 

must provide exchange visitors with 

pre-arrival materials including, but not 

limited to, information on: 

(1) The purpose of the Exchange 

Visitor Program; 

(2) The home-country physical 

presence requirement (e.g., section 

212(e) of the Immigration and 

Nationality Act, as amended, 8 U.S.C. 

1182, set forth substantially at 22 CFR 

41.63); 

(3) Travel and entry into the United 

States (e.g., procedures to be followed 

by exchange visitors and accompanying 

spouse and dependents, if any, in 

obtaining a visa for entry to the United 

States, paying the SEVIS fee, procedures 

for obtaining a visa including the 

information/documentation needed for 

the interview; travel arrangements to the 

United States, what to expect at the port 

of entry, including the necessity of 

having and presenting their travel 

documents at the port of entry); 

(4) Housing; 

(5) A breakdown of all fees to be paid 

by potential exchange visitors (i.e., paid 

to the sponsor or a third party); 

(6) Other costs that the exchange 

visitor will likely incur (e.g., insurance, 

living expenses, transportation 

expenses) while in the United States; 

(7) Health care and insurance 

requirements for exchange visitors and 

their accompanying spouse and 

dependents, as applicable; 

(8) Arrival notification requirements; 

e.g., procedures that exchange visitors, 

spouses and dependents are to follow 

upon entry into the United States in 

reporting their arrival to the sponsor 

and reporting to the location of their 

program; and 

(9) Other information that will assist 

exchange visitors to prepare for their 

stay in the United States (e.g., how and 

when to apply for a social security 

number, if applicable; how to apply for 

a driver’s license; how to open a bank 

account; how to remain in lawful nonimmigrant status). 

(c) Orientation. A sponsor must offer 

an appropriate orientation for all 

exchange visitors. Sponsors are 

encouraged to provide orientation for 

the exchange visitor’s immediate family, 

especially for those exchange visitors 

who are expected to be in the United 

States for more than one year. 

Orientation must include, but is not 

limited to, information concerning: 

(1) Life and customs in the United 

States; 

(2) Local community resources (e.g., 

public transportation, medical centers, 

schools, libraries, recreation centers, 

and banks), to the fullest extent 

possible; 

(3) Available healthcare, emergency 

assistance, and health insurance 

coverage; 

(4) A description of the exchange 

visitor program in which the exchange 

visitor is participating (e.g., information 

on the length and location of the 

program, a summary of the significant 

components of the program, and any 

stipend (payment or wage) an exchange 

visitor will receive); 

(5) Sponsor rules that the exchange 

visitors are required to follow while 

participating in their exchange visitor 

program; 

(6) Name and address of the sponsor 

and the name, e-mail address and 

telephone number of the RO and 

ARO(s); 

(7) The Department of State’s Office of 

Designation’s address, telephone 

number, facsimile number, Web site and 

e-mail address, and a copy of the 

Exchange Visitor Program brochure or 

other Department materials as 

appropriate or required; and 

(8) The requirement that an exchange 

visitor must promptly report to the 

sponsor or sponsor designee any 

changes in his or her telephone number, 

e-mail address, actual and current U.S. 

address, and site of activity (if permitted 

to change without sponsor 

authorization). 

(d) Monitoring of exchange visitors. A 

sponsor must monitor, through its 

employees, officers, agents, or third 

parties, the exchange visitor’s 

participation in its exchange visitor 

program(s). A sponsor must: 

(1) Ensure that the activity in which 

the exchange visitor is engaged is 

consistent with the category and activity 

listed on the exchange visitor’s Form 

DS–2019; 

(2) Monitor the physical location (site 

of activity), and the progress and 

welfare of the exchange visitor to the 

extent appropriate for the category; 

(3) Require that exchange visitors 

report to the sponsor within ten (10) 

calendar days, any changes in their 

telephone numbers, e-mail addresses, 

actual and current U.S. addresses (e.g., 

physical residence), and site(s) of 

activity address (if permitted to change 

without sponsor authorization); 

(4) Report in SEVIS within ten (10) 

calendar days of notification by an 

exchange visitor any change in the 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
Federal Register / Vol. 74, No. 182 / Tuesday, September 22, 2009 / Proposed Rules 48187 

exchange visitor’s actual and current 

U.S. address, telephone number, e-mail 

addresses, and/or primary site of 

activity (if the exchange visitor is 

permitted) to make such change without 

prior sponsor authorization; 

(5) Report the actual and current U.S. 

address and e-mail address for each 

accompanying spouse and dependents. 

(6) Report Employment Authorization 

Document (EAD) information in SEVIS 

for the accompanying spouse and each 

dependent, if applicable, by entering the 

EAD number, validation and expiration 

dates as issued by the Department of 

Homeland Security. 

(e) Requests by the Department of 

State. A sponsor must, to the extent 

lawfully permitted, furnish the 

Department within a reasonable time all 

information, reports, documents, books, 

files, and other records or information 

requested by the Department on all 

matters related to its exchange visitor 

program. All submissions relative to a 

request must contain the sponsor’s 

program number. 

(f) Inquiries and investigations. A 

sponsor must cooperate with any 

inquiry or investigation that may be 

undertaken by the Department of State 

or the Department of Homeland 

Security. 

(g) Retention of records. A sponsor 

must retain all records related to its 

exchange visitor program and its 

participants (to include accompanying 

spouse and dependents, if any) for a 

minimum of three years following the 

completion of each participant’s 

exchange visitor program. 

§ 62.11 Duties of Responsible Officers and 

Alternate Responsible Officers. 

The RO must train and supervise 

AROs and ensure that these officials are 

in compliance with the Exchange 

Visitor Program regulations. ROs and 

AROs must: 

(a) Be thoroughly familiar with the 

Exchange Visitor Program regulations, 

relevant immigration laws and all 

federal and state regulations pertaining 

to the administration of its exchange 

visitor program(s), including the 

Department of State’s and the 

Department of Homeland Security’s 

policies, manuals, instructions, 

guidance and SEVIS operations relevant 

to the Exchange Visitor Program; 

(b) Ensure that the exchange visitor 

obtains sufficient advice and assistance 

to facilitate the successful completion of 

his or her exchange visitor program; 

(c) Conduct all official 

communications relating to their 

sponsor’s exchange visitor program with 

the Department of State and the 

Department of Homeland Security. A 

sponsor must include its exchange 

visitor program number on all 

correspondence submitted to the 

Department of State and to the 

Department of Homeland Security; 

(d) Ensure that sponsor spam filters 

do not block reception of SEVIS or 

Department of State and Department of 

Homeland Security notices; and 

(e) Control and issue Forms DS–2019 

as set forth in § 62.12. 

§ 62.12 Control of Forms DS–2019. 

(a) Issuance of Forms DS–2019. A 

sponsor must: 

(1) Ensure that only the RO and AROs 

have access to SEVIS; 

(2) Ensure that information input into 

SEVIS is accurate, current, and updated 

pursuant to regulations herein; and 

(3) Issue Forms DS–2019 only for the 

following authorized purposes: 

(i) To facilitate the initial entry of the 

exchange visitor and accompanying 

spouse and dependents, if any, into the 

United States; 

(ii) To extend the duration of 

participation of an exchange visitor, 

when permitted by the regulations; 

(iii) To facilitate program transfers, 

when permitted by the regulations and/ 

or authorized in writing by the 

Department of State; 

(iv) To replace lost, stolen, or 

damaged Forms DS–2019; 

(v) To facilitate the re-entry of an 

exchange visitor and accompanying 

spouse and dependents, if any, who 

travel outside the United States during 

the exchange visitor’s program; 

(vi) To facilitate a change of category, 

when permitted by the Department of 

State; 

(vii) To update information when 

significant changes take place in regard 

to the exchange visitor’s program (e.g., 

a substantial change in funding or a 

change in the primary site of activity or 

actual and current U.S. address); 

(viii) To facilitate the correction of a 

minor or technical infraction; or 

(ix) To facilitate a ‘‘reinstatement’’ or 

a ‘‘reinstatement update SEVIS status’’ 

when permitted by the Department of 

State. 

(b) Verification. (1) Prior to issuing 

Forms DS–2019, a sponsor must verify 

that each prospective exchange visitor: 

(i) Is eligible, qualified, and accepted 

for the program in which he or she will 

participate (e.g., has an offer letter from 

a camp, a written acceptance from a 

secondary school); 

(ii) Possesses adequate financial 

resources to participate in and complete 

his or her exchange visitor program; and 

(iii) Possesses adequate financial 

resources to support an accompanying 

spouse and dependents, if any. 

(2) The sponsor must ensure that: 

(i) Only the RO or ARO who is 

physically present in the United States 

or in a U.S. territory may print and sign 

Forms DS–2019; and 

(ii) Only the RO or ARO whose name 

is printed on the Form DS–2019, is 

permitted to sign the document. The 

Form DS–2019 must be signed in blue 

ink to denote that it is the original 

document. 

(iii) Sponsors for whom the RO or 

AROs have been found to have violated 

the requirements of this section will be 

subject to sanctions as set forth in 

§ 62.50(a)(2). 

(c) Distribution of Forms DS–2019. 

The sponsor must ensure that 

completed Forms DS–2019 are 

distributed directly to the exchange 

visitor and accompanying spouse and 

dependents, if any, (or to an individual 

designated by the exchange visitor) only 

via the sponsor’s employees, officers, 

agents, independent contractors, third 

parties, volunteers, or other individuals 

acting on behalf of the sponsor in the 

administration of its exchange visitor 

program. 

(d) Allotment requests. (1) Annual 

Form DS–2019 allotment. A sponsor 

must submit an electronic request via 

SEVIS to the Department of State for an 

annual allotment of Forms DS–2019 

based on the annual reporting cycle 

(e.g., academic, calendar or fiscal year) 

stated in its letter of designation or 

redesignation. A sponsor should allow 

up to four weeks for the processing of 

the allotment request. The Department 

has the sole discretion to determine the 

number of Forms DS–2019 to be issued 

to a sponsor. 

(2) Expansion of Program. A request 

for program expansion must include 

information such as, but not limited to, 

the source of program growth, staff 

increases, confirmation of adequately 

trained employees, current financial 

information, additional overseas 

affiliates, and explanations of how the 

sponsor will accommodate the 

anticipated program growth. The 

Department of State will take into 

consideration the current size of a 

sponsor’s program and the projected 

expansion of the program in the coming 

12 months and may consult with the RO 

and/or ARO prior to determining the 

number of Forms DS–2019 to issue to a 

sponsor. 

(e) Safeguards and controls. (1) ROs 

and AROs must secure their SEVIS 

logon Identification Numbers (IDs) and 

passwords at all times (i.e., not share IDs 

and passwords with any other person). 

Sponsors whose ROs or AROs have been 

found to have willfully or negligently 

violated the requirements of this section 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
48188 Federal Register / Vol. 74, No. 182 / Tuesday, September 22, 2009 / Proposed Rules 

will be subject to sanctions as set forth 

in § 62.50(a). 

(2) A sponsor, its employees, officers, 

agents, or other third parties acting on 

behalf of the sponsor, may not forward 

to any unauthorized party (via facsimile 

or other electronic means) copies or 

Portable Document Formats (PDFs) of 

signed or unsigned Forms DS–2019. 

However, a sponsor must forward such 

copies and/or PDFs to the Department of 

State or the Department of Homeland 

Security upon request. 

(3) A sponsor must use the reprint 

function in SEVIS in the event the 

exchange visitor’s Form DS–2019 has 

been lost or stolen. 

(4) Destroy damaged and unusable 

Form DS–2019 on the sponsor’s 

premises after making a record of such 

forms (e.g., forms with errors or forms 

damaged by a printer). 

(5) Request exchange visitors and 

prospective exchange visitors to return 

any unused Form DS–2019 sent to them. 

§ 62.13 Notification requirements. 

(a) Valid program status of exchange 

visitor. A sponsor must notify the 

Department of State via SEVIS of the 

following: 

(1) Validation of program 

participation. A sponsor must promptly 

validate an exchange visitor’s 

participation in his or her program and 

accompanying spouse and dependents, 

if any. This will change the status of the 

exchange visitor’s SEVIS record from 

‘‘Initial’’ to ‘‘Active.’’ SEVIS records 

with program durations of 30 days or 

more (e.g., the period between the 

‘‘Program Begin Date’’ to ‘‘Program End 

Date’’) must be validated within 30 days 

following the ‘‘Program Begin Date’’ 

identified in SEVIS. SEVIS records with 

program durations that are less than 30 

days must be validated prior to the 

‘‘Program End Date’’ reflected in SEVIS. 

Prior to validation, a sponsor may 

amend the program start date and must 

update the SEVIS record to reflect the 

actual and current U.S. address and site 

of activity in SEVIS. The status of SEVIS 

records that are not validated according 

to this schedule will automatically 

change to ‘‘Invalid’’ or ‘‘No Show’’. 

(2) Failure of exchange visitor to begin 

program. A sponsor must report in 

SEVIS, no later than 30 calendar days 

after the ‘‘Program Begin Date’’ listed in 

SEVIS, the failure of an exchange visitor 

to report to his or her sponsor upon 

entry in the United States (i.e., failure of 

exchange visitor to begin an exchange 

visitor program as scheduled). This will 

change the status of the exchange 

visitor’s SEVIS record from ‘‘Initial’’ to 

‘‘No Show’’. 

(3) End of exchange visitor’s program. 

A sponsor must report in SEVIS any 

withdrawal from or early completion of 

an exchange visitor’s program that 

occurs prior to the ‘‘Program End Date’’ 

listed in SEVIS on the exchange visitor’s 

Form DS–2019. The sponsor must not 

alter the ‘‘Program End Date’’ field, but 

should enter the date of program 

completion in the ‘‘Effective Date of 

Completion’’ field. This will change the 

status of the exchange visitor’s SEVIS 

record from ‘‘Active’’ to ‘‘Inactive.’’ 

Such notification in SEVIS ends a 

sponsor’s programmatic obligations to 

the exchange visitor and/or his or her 

accompanying spouse and dependents. 

(4) Accompanying spouse and 

dependent records. A sponsor must 

report in SEVIS if an accompanying 

spouse and/or dependents depart from 

the United States prior to the exchange 

visitor’s departure date. 

(5) Termination of an exchange 

visitor’s program. A sponsor must 

promptly report in SEVIS the 

involuntary termination of an exchange 

visitor’s program. The sponsor must not 

alter the ‘‘Program End Date’’ field, but 

should enter the date of program 

termination in the ‘‘Effective Date of 

Termination’’ field. This will change the 

status of the SEVIS record from 

‘‘Active’’ to ‘‘Terminated’’. Such 

notification in SEVIS ends a sponsor’s 

programmatic obligation to the 

exchange visitor and spouse and 

dependents, if any, and prevents the 

sponsor from thereafter extending the 

exchange visitor’s duration of 

participation, transferring the exchange 

visitor to another program, or changing 

the exchange visitor’s category. 

Sponsors must not terminate the 

program of an exchange visitor who 

voluntarily ends his or her program. 

(b) Change of circumstance of an 

exchange visitor. A sponsor must 

promptly notify the Department of State 

via SEVIS of any of the following 

circumstances: 

(1) Change in the actual and current 

U.S. address. A sponsor must ensure 

that the actual and current U.S. 

addresses of an exchange visitor are 

reported in SEVIS: 

(i) A sponsor must update the actual 

and current U.S. address information in 

SEVIS for an exchange visitor within 10 

days of being notified by an exchange 

visitor of a change in address. A sponsor 

who is responsible for the placement or 

housing of such exchange visitors must 

promptly update a change in the actual 

and current U.S. address in SEVIS; 

(ii) A sponsor must report the U.S. 

mailing address (i.e., provide a P.O. Box 

number) in SEVIS in those limited cases 

where mail cannot be delivered to the 

exchange visitor’s actual and current 

U.S. address (e.g., the exchange visitor 

resides in a campus setting); 

(iii) If a U.S. mailing address is 

reported to SEVIS, a sponsor must also 

maintain records in SEVIS of actual and 

current U.S. addresses (e.g., dormitory, 

building and room number) for such 

exchange visitors; and 

(iv) Failure to update the actual and 

current U.S. addresses of their exchange 

visitors as required, may be grounds for 

revocation of a sponsor’s exchange 

visitor program designation, as set forth 

in § 62.50(a). 

(2) Change in site of activity. A 

sponsor must report in SEVIS any 

change to an exchange visitor’s site of 

activity by entering the new site within 

ten (10) calendar days of notification of 

such a change where sponsor rules or 

regulations permit such a change. A 

sponsor must promptly enter any 

change in the site of activity in those 

instances where the sponsor is 

responsible for the placement. A 

sponsor must identify the ‘‘primary’’ 

site of activity of an exchange visitor if 

multiple sites of activity are reported in 

SEVIS. 

(c) Change in sponsor’s circumstance. 

A sponsor must report within ten (10) 

days in SEVIS or directly to the 

Department of State, if appropriate, any 

material changes to its exchange visitor 

program as follows: 

(1) Change of business and/or mailing 

address, telephone number, facsimile 

number, or e-mail address; 

(2) Change in the composition of the 

sponsor organization that affects its U.S. 

citizenship status as defined in § 62.2 

which includes a new Employment 

Identification Number (EIN); 

(3) Change of RO or ARO; 

(4) Major change of ownership or 

control of the sponsor’s organization as 

defined in § 62.60(e); 

(5) Change of the sponsor’s principal 

place of business to a location outside 

the United States; 

(6) Change in financial circumstances 

that may render the sponsor unable to 

comply with its obligations as set forth 

in § 62.9(e); 

(7) Loss of licensure or accreditation; 

(8) Loss or theft of Forms DS–2019, in 

which case a sponsor must notify the 

Department of State promptly by 

telephone (confirmed promptly in 

writing by facsimile or e-mail) of the 

SEVIS identification numbers of such 

Forms DS–2019 that have been lost or 

stolen; 

(9) Any litigation related to a 

sponsor’s exchange visitor program, in 

which the sponsor or an exchange 

visitor is a named party; 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
Federal Register / Vol. 74, No. 182 / Tuesday, September 22, 2009 / Proposed Rules 48189 

(10) A decision by the sponsor to 

voluntarily cancel (withdraw) its 

exchange visitor program designation; 

or, 

(11) Any other material facts or events 

that may have an impact on the 

sponsor’s ability to properly administer 

or conduct its exchange visitor program. 

(d) Serious problem or controversy. A 

sponsor must inform the Department of 

State on or before the next business day 

by telephone (confirmed promptly in 

writing by facsimile or e-mail) of any 

serious problem or controversy which 

could be expected to bring the 

Department, the Exchange Visitor 

Program or the sponsor’s exchange 

visitor program into notoriety or 

disrepute. 

§ 62.14 Insurance. 

(a) A sponsor must require that all 

exchange visitors and their 

accompanying spouse and dependents 

have insurance in effect that covers the 

exchange visitors for sickness or 

accidents during the period of time that 

they participate in the sponsor’s 

exchange visitor program. A sponsor 

may offer insurance, but is not required, 

to ensure that exchange visitors have 

‘‘entry to exit’’ coverage. The period of 

required coverage is the actual duration 

of the exchange visitor’s participation in 

the sponsor’s exchange visitor program. 

Minimum coverage must provide: 

(1) Medical benefits of at least 

$200,000 per accident or illness; 

(2) Repatriation of remains in the 

amount of $25,000; 

(3) Expenses associated with the 

medical evacuation of exchange visitors 

to his or her home country in the 

amount of $50,000; 

(4) Deductibles not to exceed $500 per 

accident or illness; and 

(b) Insurance policies secured to 

fulfill the requirements of this section: 

(1) May require a waiting period for 

pre-existing conditions that is 

reasonable as determined by current 

industry standards; 

(2) May include provisions for coinsurance under the terms of which the 

exchange visitor may be required to pay 

up to 25% of the covered benefits per 

accident or illness; and 

(3) Must not unreasonably exclude 

coverage for perils inherent to the 

activities of the exchange program in 

which the exchange visitor participates. 

(c) Any policy, plan, or contract 

secured to fill the above requirements 

must, at a minimum, be: 

(1) Underwritten by an insurance 

corporation having an A.M. Best rating 

of ‘‘A¥’’ or above; an Insurance 

Solvency International, Ltd. (ISI) rating 

of ‘‘A¥i’’ or above; a Standard & Poor’s 

Claims-paying Ability rating of ‘‘A¥’’ or 

above, a Weiss Research, Inc. rating of 

B+ or above, or such other rating as the 

Department of State may from time to 

time specify; or 

(2) Backed by the full faith and credit 

of the government of the exchange 

visitor’s home country; or 

(3) Part of a health benefits program 

offered on a group basis to employees or 

enrolled students by a designated 

sponsor; or 

(4) Offered through or underwritten 

by a federally qualified Health 

Maintenance Organization or eligible 

Competitive Medical Plan as 

determined by the Centers for Medicare 

and Medicaid Services of the U.S. 

Department of Health and Human 

Services. 

(d) Federal, state or local government 

agencies; state colleges and universities; 

and public community colleges may, if 

permitted by law, self-insure any or all 

of the above-required insurance 

coverage. 

(e) At the request of a nongovernmental sponsor of an exchange 

visitor program, and upon a showing 

that such sponsor has funds readily 

available and under its control sufficient 

to meet the requirements of this section, 

the Department of State may permit the 

sponsor to self-insure or to accept full 

financial responsibility for such 

requirements. 

(f) The Department of State may, in its 

sole discretion, condition its approval of 

self-insurance or the acceptance of full 

financial responsibility by the nongovernmental sponsor by requiring such 

sponsor to secure a payment bond in 

favor of the Department guaranteeing 

the sponsor’s obligations hereunder. 

(g) An accompanying spouse and/or 

dependent is required to be covered by 

insurance in the amounts set forth in 

paragraph (a) of this section. A sponsor 

must inform exchange visitors of this 

requirement, in writing, in advance of 

the exchange visitor’s arrival in the 

United States. 

(h) An exchange visitor who willfully 

fails to maintain the insurance coverage 

set forth above while a participant in an 

exchange visitor program or who makes 

material misrepresentations to the 

sponsor concerning such coverage will 

be deemed to be in violation of these 

regulations and will be subject to 

termination as a participant. 

(i) A sponsor must terminate an 

exchange visitor’s participation in its 

program if the sponsor determines that 

the exchange visitor or any 

accompanying spouse or dependent 

willfully fails to remain in compliance 

with this section. 

(j) To ensure coverage levels remain 

consistent with industry standards, the 

Secretary may, at any time it is 

determined that the minimum levels of 

coverage descried in § 62.14 are not 

sufficient, update minimum levels of 

coverage in guidance documents. 

§ 62.15 Reporting requirements. 

Sponsors must submit an annual 

report to the Department of State which 

is to be generated through SEVIS. Such 

report must be filed on an academic, 

calendar or fiscal year basis, as directed 

the Department of State, and must 

contain the following: 

(a) Program report and evaluation. A 

brief summary of the activities in which 

exchange visitors were engaged, 

including an evaluation of program 

effectiveness; 

(b) Reciprocity. A description of the 

nature and extent of reciprocity 

occurring in the sponsor’s exchange 

visitor program during the reporting 

year; 

(c) Cross-cultural activities. A 

summary of the cross-cultural activities 

provided for its exchange visitors during 

the reporting year; 

(d) Proof of insurance. Certification of 

compliance with insurance coverage 

requirements set forth in § 62.14. 

(e) Certification. All annual reports 

must include the following certification: 

I have reviewed this report of my 

organization’s operation of a Department of 

State designated exchange visitor program 

and hereby certify that adequate staff and 

resources are devoted to the administration 

and oversight of this program and that 

internal controls adequate to ensure 

regulatory compliance are in place. 

(1) For exchange visitor programs 

classified as ‘‘Government Programs,’’ 

this certification will be signed by the 

RO. 

(2) For exchange visitor programs 

classified as P–1 or P–2 ‘‘Academic 

Programs,’’ this certification will be 

signed by the institution’s Chief 

Financial Officer. 

(3) For exchange visitor programs 

classified as P–3 and P–4 ‘‘Private 

Sector Programs,’’ this certification will 

be signed by the organization’s Chief 

Financial Officer. In addition to the 

Annual Report required above, all P–3 

and P–4 ‘‘Private Sector’’ programs must 

file a program specific management 

audit (in a format approved by the 

Department of State). 

(f) Program participation. A 

numerical count, by category, of all 

exchange visitors participating in the 

sponsor’s program for the reporting year 

(active status). 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
48190 Federal Register / Vol. 74, No. 182 / Tuesday, September 22, 2009 / Proposed Rules 

§ 62.16 Employment. 

(a) An exchange visitor may receive 

compensation from the sponsor or the 

sponsor’s appropriate designee for 

employment when such activities are 

part of the exchange visitor’s program. 

(b) An exchange visitor who engages 

in unauthorized employment shall be 

deemed to be in violation of his or her 

program status and is subject to 

termination as a participant in an 

exchange visitor program. 

(c) The acceptance of employment by 

an accompanying spouse or dependent 

of an exchange visitor is governed by 

Department of Homeland Security 

regulations. An exchange visitor must 

report to his or her sponsor the 

Employment Authorization Document 

(EAD) number and the validation and 

expiration dates of the authorized 

period of employment for any 

accompanying spouse and each 

dependant. As required by § 62.10(d)(6), 

sponsors must report accompanying 

spouse and dependant EAD information 

in SEVIS. 

Dated: September 16, 2009. 

Stanley S. Colvin, 

Deputy Assistant Secretary for Private Sector 

Exchanges, Bureau of Educational and 

Cultural Affairs, Department of State. 

[FR Doc. E9–22822 Filed 9–21–09; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 151 

46 CFR Part 162 

[USCG–2001–10486] 

RIN 1625–AA32 

Standards for Living Organisms in 

Ships’ Ballast Water Discharged in 

U.S. Waters 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of public meetings. 

SUMMARY: This notice provides the times 

and locations of the first two of six 

public meetings which will be held by 

the Coast Guard (USCG) regarding the 

Notice of Proposed Rulemaking (NPRM) 

entitled ‘‘Standards for Living 

Organisms in Ships’ Ballast Water 

Discharged in U.S. Waters’’ that 

published in the Federal Register on 

Friday, August 28, 2009. 

DATES: Public meetings will be held in 

the Seattle, WA (September 28, 2009), 

New Orleans, LA (September 30, 2009), 

Chicago, IL (October 2, 2009), 

Washington, DC (October 8, 2009), 

Oakland, CA (October 27, 2009), and 

New York, NY (October 29, 2009) areas 

to provide opportunities for oral 

comments. The comment period for the 

NPRM closes on November 27, 2009. All 

comments and related material 

submitted after a meeting must either be 

submitted to our online docket via 

http://www.regulations.gov on or before 

November 27, 2009 or reach the Docket 

Management Facility by that date. 

ADDRESSES: The dates and locations of 

the first two public meetings are 

provided in the following table. All 

meetings will be held from 9 a.m. until 

4 p.m. local time unless otherwise 

noted. The meetings may conclude 

before the allotted time if all matters of 

discussion have been addressed. 

Date Location Phone 

09/28/2009 ................. Hotel 1000 Seattle, 1000 First Avenue, Seattle, WA 98104 ............................................................. 206–957–1000 

09/30/2009 ................. Hotel Monteleone, 214 Rue Royal, New Orleans, LA 70130 ........................................................... 866–338–4684 

10/02/2009 ................. TBD, Chicago, IL ............................................................................................................................... TBD 

10/08/2009 ................. TBD, Washington, DC ....................................................................................................................... TBD 

10/27/2009 ................. TBD, Oakland, CA ............................................................................................................................. TBD 

10/29/2009 ................. TBD, New York, NY ........................................................................................................................... TBD 

You may submit written comments 

identified by docket number USCG– 

2001–10486 before or after the meeting 

using any one of the following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. Our online 

docket for this rulemaking is available 

on the Internet at http:// 

www.regulations.gov under docket 

number USCG–2001–10486. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rulemaking, call or e-mail Mr. John 

Morris, Project Manager, Environmental 

Standards Division, U.S. Coast Guard 

Headquarters, telephone 202–372–1433, 

e-mail: John.C.Morris@uscg.mil. If you 

have questions on viewing or submitting 

material to the docket, call Ms. Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

The Coast Guard published a Notice 

of Proposed Rulemaking (NPRM) in the 

Federal Register on Friday, August 28, 

2009 (74 FR 44632), entitled ‘‘Standards 

for Living Organisms in Ships’ Ballast 

Water Discharged in U.S. Waters.’’ In it, 

we stated our intention to hold public 

meetings, and to publish a notice with 

additional details regarding those public 

meetings as soon as the information was 

available. 74 FR 44632. On Monday, 

September 14, 2009, we published a 

Notice of Public Meeting to inform the 

public of the date for each public 

meeting, as well as the city in which 

those meetings will be held. 74 FR 

46964. That notice also stated that 

additional notice(s) would be published 

in the Federal Register as specific 

locations and details for these meetings 

are finalized. This notice provides those 

details for the first two of six public 

meetings. 

Date Location Phone 

09/28/2009 ................. Hotel 1000 Seattle, 1000 First Avenue, Seattle, WA 98104 ............................................................. 206–957–1000 

09/30/2009 ................. Hotel Monteleone, 214 Rue Royal, New Orleans, LA 70130 ........................................................... 866–338–4684 

10/02/2009 ................. TBD, Chicago, IL ............................................................................................................................... TBD 

10/08/2009 ................. TBD, Washington, DC ....................................................................................................................... TBD 


erowe on DSK5CLS3C1PROD with PROPOSALS-1