Vol. 79 Monday, 

No. 193 October 6, 2014 

Part III 

Department of State 

22 CFR Part 62 

Exchange Visitor Program—General Provisions; Final Rule 


tkelley on DSK3SPTVN1PROD with RULES2
60294 Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Rules and Regulations 

DEPARTMENT OF STATE 

22 CFR Part 62 

[Public Notice: 8893] 

RIN 1400–AC36 

Exchange Visitor Program—General 

Provisions 

ACTION: Final rule with request for 

comment. 

AGENCY: Department of State. 

SUMMARY: With this rulemaking, the 

Department of State is amending the 

general rules covering the Exchange 

Visitor Program that govern the 

designation of sponsors and the overall 

administration of the Program. This 

final rule encompasses technical 

changes to the general provisions and 

addresses public diplomacy and foreign 

policy concerns, including the 

Department’s ability to monitor 

sponsors to protect the health, safety 

and welfare of foreign nationals who 

come to the United States as exchange 

visitors. The Department previously 

published a proposed rule, and, after 

analyzing the comments received, the 

Department is promulgating this final 

rule with request for comment and 

soliciting comments over a period of 60 

days. 

DATES: Effective Date: This rule is 

effective January 5, 2015. 

Applicability date: The insurance 

amounts listed in 22 CFR 62.14(b)(1)–(4) 

and the provisions of 22 CFR 62.14(h) 

will be applicable on May 15, 2015. 

Comment date: The Department will 

accept written comments for up to 60 

days until December 5, 2014. 

ADDRESSES: You may submit comments 

identified by any of the following 

methods: 

• Email: JExchanges@state.gov. You 

must include the RIN (1400–AC36) in 

the subject line of your message. 

• Persons with access to the Internet 

may also view this document and 

provide comments by going to the 

regulations.gov Web site and searching 

for RIN (1400–AC36, docket number 

DOS–2014–0018), at: http://

www.regulations.gov/. 

Mail (paper, disk, or CD–ROM 

submissions): U.S. Department of State, 

Office of Policy and Program Support, 

SA–5, Floor 5, 2200 C Street NW., 

Washington, DC 20522–0505. 

FOR FURTHER INFORMATION CONTACT: 

Robin J. Lerner, Deputy Assistant 

Secretary for Private Sector Exchange, 

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

2200 C Street NW., Washington, DC 

20522; or email at JExchanges@

state.gov. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

This first comprehensive modification 

to Subpart A of 22 CFR Part 62 since 

1993 makes five significant changes, as 

well as minor, technical changes 

intended to clarify the existing 

language. Specifically, this final rule 

amends Subpart A to provide more 

specific filing requirements for entities 

seeking to become designated sponsors 

and for sponsors seeking to renew their 

designations, including requiring 

proposed and current Responsible 

Officers and Alternate Responsible 

Officers to undergo criminal background 

checks. The final rule adopts a 

requirement that private sector sponsors 

submit management reviews in a format 

and on a schedule determined by the 

Department. It moves certain sections 

from Subpart F to Subpart A and 

enhances provisions governing the 

Student and Exchange Visitor 

Information System (SEVIS) database 

that sponsors use to track the 

whereabouts of exchange visitors. It also 

removes Appendices A–D, which have 

been replaced by information 

collections through Forms DS–3036, 

DS–3037 and DS–3097. In recognition of 

the increase in health and accident 

insurance costs since 1993, it also 

updates these requirements. The final 

rule also adds, deletes, and modifies 

definitions of terms used throughout the 

regulations. In addition, it adds 

language to make explicit the discretion 

of the Assistant Secretary for 

Educational and Cultural Affairs to 

waive or modify provisions of 22 CFR 

Part 62 (the regulations governing the 

Exchange Visitor Program), to the extent 

consistent with the authorities 

described in 22 CFR 62.1(a) and other 

applicable law, with respect to programs 

that are established pursuant to 

arrangements between the United States 

and foreign governments. The 

Department must provide notice 

concerning any such program for which 

provisions of Part 62 are waived or 

modified. Finally, it makes technical 

modifications to the text of the 

September 2009 proposed rule to ensure 

that the regulatory text is clear and 

correct. 

The Department published the 

proposed rule on September 22, 2009 

(RIN 1400–AC36; see 74 FR 48177), 

soliciting comments on proposed 

modifications to Subpart A. This final 

rule does not make certain changes that 

the Department had proposed in the 

September 2009 proposed rule. 

Specifically, it will not require 

applicants or current sponsors to secure 

and submit Dun & Bradstreet reports on 

themselves; applicants for sponsor 

designation will have site visits only at 

Department discretion; and sponsors 

need not collect and report Employment 

Authorization Document information 

for an accompanying spouse and 

dependents in SEVIS. 

Having thoroughly reviewed the 

nearly 700 comments received in 

response to the proposed rule published 

in 2009 (see citation above), the 

Department hereby adopts sections of 

the proposed rule and amends or 

eliminates others in response to the 

comments submitted. 

The next version of the SEVIS 

database, which has been in place since 

2003, will have no immediate impact on 

this final rule, since its implementation 

date remains uncertain. The next 

version of SEVIS will focus upon 

increased functionality, national 

security, and improved usability. Prior 

to its implementation, the Department 

anticipates that the Department of 

Homeland Security will introduce any 

new requirements or procedures to the 

public through a proposed rule with a 

comment period. The Department of 

State also will reexamine its regulations 

prior to the implementation of any 

future system developments. 

Analysis of Comments 

The Department received 656 

comments in response to the 

publication of the proposed rule. Of 

these, 494 comments (or 75% of the 

total comments received) were form 

letters or miscellaneous letters relating 

to the Camp Counselor and Summer 

Work Travel categories of the Exchange 

Visitor Program, as follows: 

1. Form Letter—Camp Counselor and 

Camp Support 353 

2. Form Letter—Summer Work Travel 

Employers 60 

3. Form Letter—Former Summer 

Work Travel Participants 45 

4. Miscellaneous Letters 36 

The remaining 162 comments were 

general letters from sponsors, support 

groups, third parties, and concerned 

individuals. Based on the review of all 

comments, the Department has decided 

to adopt sections 62.2–62.16 of the 

proposed rule with modifications 

prompted by the comments received. 

Section 62.17—Fees and Charges, 

remains unchanged. Appendices A–D 

are removed to reflect changes in the 

regulations since 1993 and the 

implementation of information 

collections through Forms DS–3036, 

DS–3037, and DS–3097. 

Section 62.2 Definitions 

The proposed rule contained 45 

definitions; this final rule contains 47. 


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When adding definitions for the 

Department-controlled forms, the 

Department had inadvertently excluded 

Form DS–3097 (Annual Report), which 

it now includes. Similarly, the 

Department is also adding a definition 

for the ‘‘Office of Exchange 

Coordination and Compliance,’’ the 

‘‘Office of Private Sector Exchange 

Administration,’’ which, combined with 

the ‘‘Office of Designation,’’ currently 

comprise the Office of Private Sector 

Exchange. The Department also deletes 

the redundant definition for ‘‘trainee,’’ 

which is already covered in sections 

62.4(c) and 62.22, and foreign medical 

graduate which is covered in section 

62.27. 

A total of 26 parties filed comments 

about the Subpart A definitions. 

Comments related to the three SEVISrelated definitions that have been added 

to the regulations (i.e., ‘‘actual and 

current U.S. address,’’ ‘‘site of activity,’’ 

and ‘‘validation’’) generally reflected 

appreciation for these definitions and 

sought guidance and information on the 

consequences of non-compliance. As 

with other regulations in Part 62, noncompliance could subject a sponsor to 

sanctions under 22 CFR 62.50(a). The 

first two definitions are critical as they 

relate to the physical location of a 

nonimmigrant participating in an 

exchange visitor program in the United 

States. Indeed, Title VI, Section 641 of 

Public Law 104–208, requires sponsors 

to ensure that the exchange visitor has 

arrived at his or her site of activity and 

to maintain current and accurate data in 

these SEVIS fields so that officials may 

locate nonimmigrants, if necessary, both 

during the day (i.e., at their sites of 

activity) and at night (i.e., at their actual 

and current U.S. addresses). 

Accordingly, correctly maintaining this 

information is a matter of national 

security. The function of validating a 

SEVIS record is also important, as it 

marks the beginning and end of a 

sponsor’s obligation to monitor and 

provide other services (i.e., insurance 

coverage) to an exchange visitor and his 

or her accompanying spouse and 

dependents. One commenting party 

sought guidance and/or an explanation 

of the consequences of failing to 

validate the SEVIS record of an 

accompanying spouse or dependents, 

entering the United States on J–2 visas 

to accompany an exchange visitor here 

on a J–1 visa. In response to this 

comment, and because the validation of 

a primary J–1 visa holder’s record 

automatically validates the associated 

J–2 visa holders’ records, the 

Department is removing any reference to 

an accompanying spouse and 

dependents from this definition. 

The Department received a total of 18 

comments regarding the change of the 

term ‘‘accredited educational 

institution’’ to ‘‘accredited academic 

institution.’’ The majority of comments 

questioned the need for a change in 

terminology. The Department believes 

this change is necessary to reflect more 

accurately recent trends in the use of the 

term ‘‘academic.’’ In the proposed 

definition section (which also affects the 

definition of ‘‘student’’ in section 62.4), 

the Department clarifies that 

educational institutions that offer 

primarily vocational or technical 

courses of study are not considered 

academic. Accordingly, the Department 

substitutes the term ‘‘academic’’ for 

‘‘educational.’’ 

One party commented about the 

confusion associated with the definition 

of ‘‘country of nationality or last legal 

permanent residence,’’ stating that the 

conjunction ‘‘or’’ used to link the two 

alternatives takes precedence and the 

language does not define the meaning of 

the term ‘‘legal permanent residence.’’ 

The program regulations have always 

referred to these two terms in tandem. 

The Department believes that the 

meaning of each phrase is clear and 

concise, and therefore makes no changes 

to the definition. Three commenting 

parties expressed concern that the 

terms(s) did not clearly subject an 

accompanying spouse and dependents 

travelling to the United States on J–2 

visas to the two-year home country 

physical presence requirement (i.e., 

section 212(e) of the Immigration and 

Nationality Act) (INA)). Because the 

INA applies this requirement to 

‘‘person[s] admitted under section 

101(a)(15)(J) . . . or acquiring such 

status after admission,’’ it applies to 

J–2 visa holders as well, if the exchange 

visitor they accompany or join is subject 

to the requirement (See 22 CFR 

41.62(c)(4)). 

The Department received one 

comment regarding the proposed 

definition of ‘‘exchange visitor’’ as it 

refers to foreign nationals who are in the 

United States on J–1 visas. In particular, 

the commenting party took issue with 

the language because, as written, it does 

not include Canadian citizens who are 

allowed to participate on the Exchange 

Visitor Program without obtaining a 

J–1 visa. Also, the term does not include 

the accompanying spouse and 

dependents of an exchange visitor. In 

reviewing the comment, the Department 

has decided to modify the definition to 

clarify that the term also includes 

participants in the program who are not 

required to obtain J–1 visas. The 

Department, however, has purposefully 

excluded an exchange visitor’s 

accompanying immediate family (i.e., 

accompanying spouse and dependents) 

from the definition because these 

regulations operate primarily for the 

benefit, and based upon the actions, of 

the individual participant in the 

Exchange Visitor Program. When 

necessary (e.g., section 62.14 

(insurance)), the regulations specify 

their applicability to an exchange 

visitor’s immediate family. 

On a related matter, two parties 

commented that the title of the Form 

DS–2019—A Certificate of Eligibility for 

Exchange Visitor (J–1) Status excludes 

any reference to an accompanying 

spouse and dependents, even though it 

is the form necessary for family 

members (since the inception of SEVIS 

in 2003) to apply for J–2 visa status. The 

Department agrees and will explore the 

opportunity of replacing ‘‘(J–1)’’ with 

‘‘(J—Nonimmigrant)’’ in the Form’s title 

at the time of the Form’s scheduled 

revision cycle. 

Two parties commented on the 

definition of ‘‘foreign medical 

graduate.’’ They both appreciated the 

Department’s decision to clarify the 

definition and requested that the 

definition be revised to locate the 

definition within section 62.27 (the only 

section of 22 CFR Part 62 that uses this 

term) and to clarify how it applies to 

non-clinical exchange programs. The 

Department acknowledges that the 

definition of this category of 

participation does not belong in section 

62.2, and will define it when section 

62.27 is revised in the future. 

The Department received one 

comment related to the definition of the 

terms ‘‘full course of study’’ and 

‘‘prescribed course of study,’’ suggesting 

that language in section 62.2 may be 

read to contain substantive regulatory 

provisions that may be better located in 

the relevant sections in Subpart B, 

rather than in the definitions section of 

section 62.2. The Department has 

considered the recommendations and 

makes no changes to these definitions, 

since it is of the view that definitions 

that pertain only to an individual 

program category should be included in 

sections of Subpart B that pertain to that 

individual category. 

The Department received one 

comment concerning the definitions for 

the terms ‘‘internship program’’ and 

‘‘student internship program.’’ Because 

of the confusion experienced in the 

exchange community about the 

similarity of these two terms, it was 

suggested that the Department further 

clarify these definitions by annotating 

the difference between the two types of 


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60296 Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Rules and Regulations 

internship programs. The Department 

believes that the definitions of these two 

terms (and the language in Subpart B 

associated with these two categories) 

already provides ample clarity. Very 

simply, the definition of a ‘‘student 

internship program’’ specifies that the 

internship program must ‘‘partially or 

fully fulfill a student’s post-secondary 

academic degree requirements.’’ This 

does not mean, however, that a current 

student could not participate in a 

regular internship program in pursuit of 

meeting academic requirements. In 

some situations, therefore, there would 

be no difference between the two 

programs, except that the sponsor in one 

instance would be an academic 

institution, and in the other, it would be 

a private business. 

One comment was submitted 

suggesting that the term ‘‘management 

audit’’ be defined. The Department 

agrees and adds a definition of 

‘‘management review,’’ the 

Department’s preferred term, to section 

62.2. 

Five parties commented on the 

definition of ‘‘third party.’’ Among other 

things, commenting parties claim that 

the proposed language disregarded the 

sub-agent network that a sponsor’s 

foreign entities (e.g., foreign partners or 

agents) may use as part of the recruiting 

process. They added that the language is 

unclear about what entities are and are 

not third parties, given the large number 

of contacts upon which exchange 

programs rely. The Department 

recognizes that sponsors contract with 

or otherwise engage third parties to 

provide ordinary services in the support 

of their business operations (e.g., 

cleaning, payroll processing, and 

utilities). The Department excludes 

these types of generic service providers 

from the definition of ‘‘third party’’ and 

includes only those that truly relate to 

the conduct of a sponsor’s exchange 

visitor program. 

As the Department updates the 

regulations governing specific categories 

of the Exchange Visitor Program 

(included in Subpart B), it may 

articulate further restrictions. In the 

interim, the Department clarifies, first, 

that it considers ‘‘recruiting’’ to be 

conduct of the sponsor’s exchange 

visitor program. It also considers the 

functions of the local coordinators (or 

other similar field staff) to be conduct of 

the sponsor’s exchange visitor program. 

Ordinary services in support of 

sponsors’ business operations (cleaning, 

payroll processing, and utilities) are not 

considered conduct. Should there be 

circumstances that require additional 

clarification on a category-specific basis 

prior to the incorporation of these 

concepts into Subpart B, the Department 

will issue email guidance or guidance 

directives. Accordingly, the Department 

revises the definition of ‘‘third party’’ to 

avoid the unintended consequences 

recognized by the commenting parties. 

The Department is updating the 

definitions to include language that 

explains the purposes of Forms DS– 

2019, DS–3036, DS–3037, and DS–7002. 

As discussed above, this final rule 

corrects the inadvertent exclusion of 

‘‘Form DS–3097,’’ the existing Annual 

Report form, from the proposed rule. 

Similarly, the Department inadvertently 

excluded a definition for the ‘‘Office of 

Exchange Coordination and 

Compliance,’’ a part of the Office of 

Private Sector Exchange (formerly 

known as the Exchange Visitor Program 

Services). In addition, the Office of 

Private Sector Exchange has recently 

added the Office of Private Sector 

Exchange Administration to its 

organization. The two new offices, in 

addition to the existing Office of 

Designation, oversee the Exchange 

Visitor Program. This final rule defines 

these new offices within the Office of 

Private Sector Exchange. 

Finally, in the NPRM, the definition 

for ‘‘Citizen of the United States 

(entity)’’ with respect to nonprofit 

organizations included, among other 

things, a requirement that the entity be 

‘‘qualified with the Internal Revenue 

Service as a tax-exempt organization 

pursuant to section 501(c)(3) of the 

Internal Revenue Code.’’ In this 

rulemaking, this language has been 

removed, with the result that a 

nonprofit organization otherwise 

qualifying as a ‘‘United States Person 

(legal entity)’’ need not be a tax-exempt 

organization to participate in the 

Exchange Visitor Program. The 

Department realized that there might be 

taxable nonprofit organizations that 

might wish to participate in one of the 

Exchange Visitor Programs. Seeing no 

reason to retain this barrier to 

participation, the Department 

determined there was good cause to 

remove it in this rulemaking. 

Section 62.3 Sponsor Eligibility 

The proposed rule increased from one 

to three years the required minimum 

experience in international exchange 

that an entity seeking designation must 

show that it, or its proposed 

Responsible Officer, has. Five parties 

commented on this proposed new 

minimum experience requirement. One 

supported the increase in years of 

experience, three opined that the new 

requirement was excessive and 

restrictive for new programs, and one 

asked for clarification of whether the 

requirement was intended for existing 

exchange visitor programs as well. 

Recently, many entities staffed by 

individuals with minimal experience 

have applied for designation. These 

entities and individuals typically have 

worked with designated sponsors in 

some capacity or have conducted shortterm exchanges, but lack the full scope 

of experience in all aspects of exchange 

activities, including the regulatory 

knowledge critical to administering a 

successful exchange program. Some 

exchange visitor categories involve more 

complex administration processes than 

others (e.g., the au pair and secondary 

school student categories, which require 

locating and screening host families and 

schools, hiring and managing local and 

regional staff, and close monitoring of 

placements). The Department believes 

that three years of experience is the 

minimum necessary to develop a strong 

foundation for the conduct of an 

exchange visitor program. Applicants 

may demonstrate their experience in 

international exchange by providing 

staff resumes, as well as information 

about the applicant entity’s or 

individual’s experience and 

involvement with other cultural 

exchange programs. The Department 

adopts the proposed regulatory change 

for entities applying for designation. 

The Department will not require 

sponsors who have been designated for 

fewer than three years to demonstrate 

now three years of experience. 

The proposed rule included a new 

provision requiring that an entity 

applying for sponsor designation 

undergo a site visit as part of the 

designation process. Such site visits, 

conducted by the Department of State or 

a third party acting on its behalf, were 

intended to evaluate whether an 

applicant had sufficient facilities, staff, 

and infrastructure necessary to conduct 

a successful exchange visitor program. 

Ten parties submitted comments on this 

proposal. Seven parties supported these 

site visits and three parties opposed 

them. One of the opposing parties 

specifically stated that the site visits 

were unnecessary due to the potential 

costs. One party believed that site visits 

should be required of current sponsors 

as part of the redesignation process and 

in lieu of a management audit 

requirement. Another party opined that 

the requirement was burdensome and 

superfluous for longtime program 

sponsors and that site visits are too 

costly and disruptive of daily work 

schedules. Finally, one party, in 

response to the assertion that the cost of 

the site visits would be determined ‘‘by 

the required bi-annual user fee study,’’ 


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stated that the designation and redesignation application fees were 

sufficiently high to cover the cost of 

such site visits. 

The Supplementary Information 

section of the proposed rule also 

mentioned the on-site reviews of 

existing sponsors and that the 

Department currently conducts on-site 

reviews at its discretion. In response, 

parties commented that such a 

requirement would be both burdensome 

and superfluous for a longtime sponsor. 

Although the Department considers 

pre-designation site visits for new 

applicants to be a useful means of 

evaluating the ability of potential 

sponsors to run good exchange 

programs, as a matter of priority the 

Department has elected not to require 

them at this time, but to retain the 

discretion to conduct them. The 

Department will continue its practice of 

conducting on-site reviews of current 

sponsors as a part of monitoring and 

compliance of sponsors. 

Section 62.4 Categories of Participant 

Eligibility 

Five parties submitted comments 

concerning four categories of participant 

eligibility, namely, Teacher, Research 

Scholar, Intern, and Trainee. The 

Department has addressed the comment 

about evaluation of a teacher’s eligibility 

and experience in a separate rulemaking 

on section 62.24, which was published 

May 2, 2013. (RIN 1400–AC60; see 78 

FR 25669). 

Three parties asked the Department to 

reinsert the term ‘‘teaching’’ into the 

description of a Research Scholar. The 

Department agrees to correct this 

inadvertent exclusion. 

One party opposed the addition of the 

term ‘‘full-time’’ to the description of an 

Intern’s enrollment, stating that the 

current regulations do not stipulate this 

requirement and that adding ‘‘full-time’’ 

to the category definition will 

complicate the process unnecessarily. 

The Department disagrees with the 

commenter that the proposed language 

will complicate the rules. The 

Department adopts the proposed 

language, as it is a technical 

modification conforming to language in 

this section with the specific regulations 

currently governing the Trainee and 

Intern Program. See 22 CFR 

§ 62.22(b)(2). 

In addition, one party commented on 

the definition of the Trainee category, 

arguing that the definition of ‘‘Trainee’’ 

is inapplicable to corporate program 

sponsors whose employees primarily 

administer the training of the exchange 

visitor. In addition, the comment states, 

‘‘In such cases, the foreign national need 

not satisfy any educational or 

experience requirements to be classified 

as a J–1 Trainee. A corporate program 

sponsor ‘primarily administers’ training 

while its employee(s) act as trainer(s) for 

a minimum of 95% of the exchange 

visitor’s training.’’ In the Supplementary 

Information section of the Trainee and 

Intern Final Rule (RIN 1400–AC15; see 

72 FR 33669, June 19, 2007), the 

Department explained that a foreign 

national may not participate in a trainee 

or intern exchange visitor program until 

he or she has acquired sufficient 

education or related work experience to 

benefit sufficiently from the valuable 

experiential learning opportunity that 

training programs and internships 

provide. The Department confirms the 

definition on the basis that an exchange 

visitor must meet the requisite 

education and work experience to be 

suitable for participation in a training 

program. Therefore, sponsors must 

make sure that the selection criteria for 

their exchange visitors indeed meet the 

regulatory requirements. 

The Department has amended the 

definition of a teacher to reflect 

language in a proposed rule. (RIN 1400– 

AC60; see 78 FR 25669, dated May 2, 

2013). 

Section 62.5 Application Procedure 

The Department received a total of 

514 comments regarding the proposed 

collection of Business Information 

Reports from Dun & Bradstreet both for 

new applicants (proposed section 

62.5(c)(6)) and for sponsors seeking 

redesignation (proposed sections 

62.7(c)(1) and (2)). Only one 

commenting party supported this 

requirement, but, like many other 

parties, was concerned about the cost. 

Some suggested that this report 

requirement could cost several hundred 

dollars for a medium to large sponsor 

and would represent a significant new 

expense for every sponsor. Other parties 

noted that many camps have never 

registered for a Dun & Bradstreet 

Number because the registration has no 

business purpose. Accordingly, 

requiring camps to register and pay for 

credit reports would be an undue 

burden on the camp community. The 

Department reviewed the utility of the 

Dun & Bradstreet report for oversight 

purposes, and determined that it is 

outweighed by the potential financial 

and resource implications for applicants 

for designation or currently-designated 

sponsors. Hence, the Department is 

eliminating the Dun & Bradstreet report 

requirement. 

The proposed rule identified as the 

appropriate individuals to sign certain 

documents (e.g., the certifications 

required by Forms DS–3036, as set forth 

in section 62.5(a)) a sponsor’s ‘‘Chief 

Executive Officer, President, or 

equivalent.’’ One party seeks 

clarification as to which positions are 

considered ‘‘equivalent’’ in this respect. 

The Department amends the rule to 

reflect that an executive with legal 

authority to make commitments on 

behalf of the sponsor (as identified in 

the organization’s governing documents) 

be the signatory of such documents. 

Section 62.5(c)(9) of the proposed rule 

requires a sponsor’s Chief Executive 

Officer, President, or equivalent to 

certify that the proposed Responsible 

Officer and all proposed Alternate 

Responsible Officers are United States 

persons (i.e., U.S. citizens or legal 

permanent residents), and that the 

sponsor has obtained criminal 

background reports on all such 

candidates and has determined their 

suitability for these positions. Section 

62.5(c)(9) requires that a sponsor 

include in its complete application both 

SEVIS-generated Citizenship 

Certifications for the proposed 

Responsible Officer and proposed 

Alternate Officers as well as separate 

evidence (e.g., a copy of a passport or 

birth certificate, or green card) that they 

are U.S. citizens or legal permanent 

residents of the United States. One 

commenting party supported the U.S. 

citizenship requirement; another 

recommended that it apply only to new 

entities seeking designation; and a third 

opined that the executive certification, 

SEVIS certification, and separate 

evidence requirements were redundant. 

The Department disagrees that the 

certifications are redundant. There is 

only one certification of U.S. citizenship 

or legal permanent resident status 

required. The executive certification is 

required on the SEVIS-generated form to 

ensure that the criminal background 

check has been completed on the 

proposed Responsible Officer and all 

proposed Alternate Responsible 

Officers. Providing documented proof is 

already a required practice and does not 

pose any additional burdens on the 

sponsor. Therefore, the Department 

adopts the language of the proposed 

rule. 

With respect to the overall application 

process, one party commented that the 

requirements for submission of 

applications for designation and 

redesignation should be differentiated 

by program types, since colleges and 

universities already have unique 

requirements they must meet. Another 

party suggested that the required 

information would place an 

unnecessary administrative burden on 

established, low-risk entities. The 


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Department has found that the specific 

information it requests is necessary to 

evaluate an applicant’s initial or a 

sponsor’s ongoing qualifications to 

participate in the Exchange Visitor 

Program, without regard to the program 

type or the entity’s legal status. 

Accordingly, and to ensure equal 

treatment of all applicants, the 

Department adopts the language of the 

proposed rule. 

A single party commented on the 

definitions of ‘‘financed directly’’ and 

‘‘financed indirectly,’’ as set forth in the 

proposed rule, noting that current 

regulations do not require certain 

publicly held companies to disclose the 

names, addresses, and citizenship or 

legal permanent resident status of their 

Boards of Directors or the percentage of 

stock/shares held in order to 

demonstrate the entity’s U.S. citizenship 

status. The Department determined that 

this comment appears to have been 

directed to the application process 

requirements and not the financial 

support associated with an exchange 

visitor. The Department clarifies that the 

proposed rule already exempts publicly 

held U.S. companies whose shares are 

traded on a U.S. stock exchange from 

this requirement. 

In addition, the Department deletes 

Appendices A and B to Part 62 in light 

of the collection of information through 

Form DS–3036 (Exchange Visitor 

Program Application) (OMB collection 

1405–0147). 

Section 62.6 Designation 

The Department received three 

comments regarding sponsor 

designation. Comments ranged from 

statements indicating that these 

requirements should be applicable only 

to new entities seeking designation to 

requests that the Department 

differentiate exchange visitor program 

requirements by category, because 

colleges and universities must meet 

other requirements in order to operate. 

Some comments also argued that the 

information being requested would 

place an unnecessary administrative 

burden on established, low-risk entities. 

The Department respectfully disagrees 

and finds that the requested 

documentation is necessary to complete 

a full review of all new applications for 

designation on a consistent basis over 

all categories. It would be tremendously 

complex to have the Designation 

requirements be varied over the 15 

categories of the exchange visitor 

program. 

One party commented on the 

proposed flexibility of the Department 

to redesignate a sponsor for one or two 

years, at its discretion, opining that all 

sponsors should be redesignated for two 

years. Four parties commented that the 

cycle should be set at the original five 

years. Under section 502(b) of Public 

Law 107–173, enacted May 14, 2002, the 

Department of State is to conduct a 

periodic review of sponsors of exchange 

visitors at least every two years. The 

legislation, however, does not prohibit 

the Department from reviewing a 

sponsor’s qualifications more 

frequently. For example, experience has 

demonstrated that there are a number of 

sponsors having technical infractions 

that are of enough concern to cause the 

Department to withhold a longer period 

of designation until that sponsor has 

corrected these problems. The 

Department believes that it can work 

with such sponsors to assist them in 

improving their program operations in 

this area. The one-year redesignation 

informs a sponsor that it needs to 

correct any issues identified, but also 

creates a time period after which the 

Department will formally check the 

extent of the sponsor’s improvement 

and determine whether it indeed 

qualifies for a two-year redesignation. 

Accordingly, the Department adopts the 

proposed one or two year redesignation 

cycle in order to provide it with the 

tools necessary to ensure that only 

qualified entities continue to operate as 

designated sponsors. 

Section 62.7 Redesignation 

The Department received a total of 24 

comments regarding various aspects of 

the redesignation process (in addition to 

the 514 comments opposed to the 

collection of Dun & Bradstreet numbers 

in connection with designation and 

redesignation, discussed above). Four 

parties recommended that the 

redesignation cycle be changed to a fiveyear rather than two-year cycle. 

However, as noted above, there is a 

statutory requirement for a minimum 

biannual review cycle of all sponsors 

designated to conduct exchange visitor 

programs. For this reason, the 

Department will adopt the language of 

the proposed rule. 

Nine parties complained about the 

‘‘excessive’’ amount of documentation 

they must provide along with an 

application for redesignation. In 

particular, post-secondary academic 

institutions opined that providing the 

Department with information about 

their Boards of Trustees was 

superfluous, as such institutions were 

already subject to rigorous checks and 

other measures to ensure accountability. 

Indeed, with respect to a sponsor’s 

eligibility, the Department is concerned 

not only that a sponsor have financial 

stability and resources, but also that 

control of its exchange visitor program 

not be ceded to people who do not meet 

the regulation’s definition of a U.S. 

person. Accordingly, it is incumbent 

upon sponsors—even large 

universities—to report and update the 

citizenship or legal U.S. permanent 

residence status of the members of their 

governing boards and provide updated 

copies with an application for 

redesignation. The Department believes 

that this documentation is necessary to 

ensure that a sponsor seeking 

redesignation continues to meet all 

requirements of designation (e.g., status 

as a U.S. person, financial viability). A 

sponsor’s circumstances may change 

over time, therefore making it necessary 

for sponsors to provide complete and 

current information during the 

redesignation process in order for the 

Department to make a meaningful 

assessment of a sponsor’s continued 

qualifications for sponsorship. Although 

government agencies may not have all 

the documentation specified in this 

section, they too are required to submit 

all relevant documents. Accordingly, 

the Department adopts the language in 

the proposed rule. 

As discussed above, the Department 

received a total of 514 comments 

regarding the proposal to collect a Dun 

& Bradstreet Report for both new 

applicants and for current sponsors 

seeking redesignation. After 

consideration, the Department has 

decided to eliminate this requirement. 

Two parties recommended that the 

following language be reinserted into 

section 62.7: ‘‘a sponsor seeking 

redesignation may continue to operate 

its program(s) until such time as the 

Department of State notifies it of a 

decision to amend or terminate its 

designation.’’ The Department 

inadvertently deleted this language and 

has therefore reinserted it into this Final 

Rule. 

Section 62.7(c)(2) of the proposed rule 

required that, as part of the 

redesignation process, sponsors provide 

the Department with a list of foreign and 

domestic third parties with whom they 

have written agreements. Three parties 

opposed this requirement, arguing that 

it was an excessive paperwork 

requirement. Keeping in mind the 

modification of the definition of third 

party (which now requires sponsors to 

enter into written agreements with 

entities that act on behalf of the sponsor 

in the conduct of the sponsor’s 

exchange visitor program), the 

Department has decided to require all 

sponsors to maintain such lists, which 

the Department may then request as part 

of the redesignation process or as 

circumstances require. (Note that 


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sponsors in the Summer Work Travel 

category of the Exchange Visitor 

Program must submit the names of all 

foreign entities to the Department in 

accordance with 22 CFR 62.32(p)(2).) 

Finally, the Department proposed 

requiring sponsors to confirm or 

reconfirm the suitability of proposed or 

current Responsible Officers and 

Alternate Responsible Officers, by 

requiring them to undergo criminal 

background checks. One party objected 

to requiring current Responsible 

Officers and Alternate Responsible 

Officers to repeat the process. The 

Department will require designated 

sponsors to obtain these reports every 

four years; sponsors that are 

redesignated for a single year, however, 

will be required to repeat the process for 

their next designation application. 

The Department anticipates that 

thorough criminal background reports 

will provide management decision 

makers with sufficient information to 

determine whether candidates for 

Responsible Officer and Alternate 

Responsible Officer positions— 

positions that work with a national 

security computer system—have 

criminal records or other blemishes on 

their pasts that may make them 

unsuitable for the proposed positions. 

Furthermore, the criminal background 

check requirement reflects the 

importance of such individuals in a 

sponsor’s organization and their right of 

access to, and ability to manipulate data 

within, a controlled federal government 

database that tracks foreign nationals 

participating in the Exchange Visitor 

Program. In addition, protection of 

exchange visitor personal data is 

important to the health, safety, and 

welfare of program participants. 

Responsible Officers and Alternate 

Responsible Officers are the only 

individuals authorized to log onto 

SEVIS, issue and sign a Form DS–2019, 

the ‘‘Certificate of Eligibility for 

Exchange Visitor (J-Nonimmigrant) 

Status,’’ and otherwise update the 

system with timely and accurate 

information. Thus, it is of vital 

importance that all individuals with 

access to SEVIS be properly vetted. The 

Department will not require an 

additional background check for 

Responsible Officers and Alternate 

Responsible Officers who are working 

for a federal or state government entity 

and have already passed a government 

background check. 

Nine out of 24 comments specifically 

addressed the paperwork, including 

proof of criminal background checks, 

which must be submitted as part of the 

redesignation application, deeming it 

excessive. Except on an ad hoc basis, 

the Department of State has decided not 

to require applicants or sponsors to 

submit the results of the criminal 

background checks. Rather, the Chief 

Executive Officer, President, or 

equivalent must submit a certification 

that the sponsor’s Responsible Officer 

and Alternate Responsible Officer(s) 

have undergone criminal background 

checks within the last four years or 

when a new sponsor files a designation 

application. The proposed regulation 

did not set specific requirements for a 

sponsor to follow with respect to report 

format, screening company, or 

assessment of criminal background 

check reports. The Department does, 

however, require a sponsor to utilize the 

services of a bona fide background 

screener. Although the Department does 

not endorse any particular screener or 

screening organization, it identifies, for 

sponsors’ convenience, an organization 

that can help identify potential 

background companies: The National 

Association of Professional Background 

Screeners (NAPBS). NAPBS has more 

than 500 members (a list of which is 

located at www.NAPBS.com), all of 

which are expected to adhere to the 

NAPBS code of conduct governing 

background investigations and 

confidentiality. 

The Department emphasizes that 

obtaining a criminal background report 

does not in and of itself confirm an 

individual’s suitability to act as a 

Responsible Officer or an Alternate 

Responsible Officer. A sponsor should 

consider the results of such a report, 

and other factors, in making a reasoned 

judgment about an individual’s fitness 

to assume either of these two roles. 

Section 62.8 General Program 

Requirements 

Only one party commented on the 

general program requirements section. 

Specifically, the commenting party 

proposed that the minimum number of 

exchange visitors required for program 

designation be raised from five, as 

currently specified in section 62.8(a) of 

the proposed rule, to ten. The party also 

asked the Department to specify what 

constitutes the ‘‘good cause’’ that would 

permit an applicant to run an exchange 

program with fewer than five exchange 

visitors. The Department established a 

minimum number of exchange visitors 

based on the smallest program size it 

believes justifies the resources it must 

expend to evaluate a sponsor’s 

redesignation application and monitor 

its program on an on-going basis. 

Increasing the minimum size would 

have no impact on any parties except 

those small programs themselves, and 

could potentially and unnecessarily 

remove niche sponsors from the 

program. Accordingly, the Department 

will not increase the minimum number. 

With respect to ‘‘good cause,’’ each 

situation is fact-specific, and, since the 

Department wishes to maintain 

maximum discretion, the Department 

has decided to delete the reference to 

‘‘good cause.’’ With the exception of the 

removal of ‘‘good cause,’’ the 

Department adopts the current language 

of the proposed rule. 

Section 62.9 General Obligations of 

Sponsors 

The Department received a total of 56 

comments regarding various general 

program obligations of sponsors. Many 

of the comments related to the 

appointment of Responsible Officers 

and Alternate Responsible Officers. 

One party commented on the payment 

bond requirement in section 62.9(e)(3), 

suggesting that the regulations should 

both provide objective criteria regarding 

when and what kind of bond may be 

required, and should exempt programs 

that have proven their financial viability 

from the bond requirement. The 

Department notes that this provision is 

not new. Although the Department has 

not required a sponsor to secure a 

payment bond for many years, it 

recognizes that there may be a number 

of circumstances in which it might be 

necessary to do so. For example, the 

Department could have reason to 

believe that a sponsor does not have 

either the resources to support an 

existing exchange visitor population or 

the inclination to fulfill its monitoring 

and support obligations. Unfortunately, 

such circumstances might befall even a 

long-standing sponsor with an historical 

record of financial viability and program 

support. To provide another example, 

when the Department redesignates a 

sponsor for a single year, it may wish to 

require that sponsor to obtain a bond 

that provides sufficient funding to cover 

the cost of supporting the sponsor’s 

current year exchange visitors and/or 

transferring the next year’s exchange 

visitors to other sponsors. Were the 

sponsor’s performance not to improve 

and were the Department to initiate a 

suspension or other serious sanction 

against the sponsor, a payment bond 

could help ensure that there would be 

sufficient funding available to take care 

of potentially stranded exchange 

visitors. The Department, therefore, 

must retain the flexibility to require all 

sponsors to secure payment bonds at the 

Department’s discretion. 

Three parties addressed the provision 

in section 62.9(f)(2) that requires a 

sponsor to ensure that its employees, 

officers, agents, independent 


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contractors, third parties, volunteers, or 

other individuals associated with the 

administration of its exchange visitor 

program are adequately qualified and 

trained and comply with the Exchange 

Visitor Program regulations and 

immigration laws. One party stated that 

this regulation should be expanded to 

include foreign nationals who work as 

‘‘agents or representatives’’ of sponsors. 

Although the Department believes that 

this language is already sufficiently 

broad to include any party that a 

sponsor engages to assist in its exchange 

visitor program oversight and 

operations, it modifies the language to 

change ‘‘other individuals’’ to any 

‘‘other individual or entity’’ to avoid 

confusion about this broad sponsor 

obligation to ensure the regulatory 

awareness and compliance of entities it 

may engage to assist. 

Two other parties opined that, in 

order to adequately train staff and others 

on working in the SEVIS system, 

sponsors must be permitted to employ 

more than ten Alternate Responsible 

Officers. It is not clear why individuals 

must have access to SEVIS in order to 

be capable of training others on 

Exchange Visitor Program regulations. 

Regardless, as it has noted above, the 

Department will accept requests for 

additional Alternate Responsible 

Officers on a case-by-case basis. 

Eight parties opposed the proposed 

criminal background check requirement 

for Responsible Officers and Alternate 

Responsible Officers in proposed 

section 62.9(g)(1). Fifteen parties 

supported it, although of those, thirteen 

parties recommended that the 

background checks not be required 

annually and that Responsible Officers 

and Alternate Responsible Officers of 

currently designated sponsors be 

‘‘grandfathered’’ in. The Department 

considered this recommendation and 

has decided that current Responsible 

Officers and Alternate Responsible 

Officers will need to obtain a 

background check before their sponsor 

organization is next redesignated after 

the promulgation of this final rule and 

maintain background check paperwork 

on Responsible and Alternate 

Responsible Officers that is no older 

than four years at any time. New 

sponsors seeking designation by the 

Department must conduct new 

background checks on their proposed 

Responsible Officers and Alternate 

Responsible Officers. Thus, in 

accordance with section 62.5(c)(8)(iii) 

below, an entity seeking designation 

must obtain criminal background 

reports on all proposed Responsible and 

Alternate Responsible Officers, certify 

that it has done so, and maintain 

records that are no older than four years 

at any time. In those few instances 

where the Department is concerned 

about a sponsor’s regulatory 

inconsistencies related to their 

administration of the program and 

redesignates it for a single year, such 

sponsor would be required to obtain 

reports for that year. 

One commenting party suggested that 

if a sponsor were merely required to 

maintain records of these criminal 

background checks and submit them to 

the Department only on request, it 

would undermine the rationale for 

requesting these checks because they 

would not be turned in. However, the 

Department intends for sponsors to use 

their own judgment and internal 

standards to assess the suitability of 

individuals for these jobs, based on 

whether a report revealed any 

information about a candidate’s past 

that would disqualify him or her from 

assuming a position of trust and 

responsibility. 

Nine out of ten parties commented 

that the proposed maximum of ten 

Alternate Responsible Officers specified 

in section 62.9(g)(1) is not large enough, 

and that larger sponsors with more 

exchange visitors should be permitted to 

have more than ten Alternate 

Responsible Officers. The Department 

will explore the idea of expanding the 

maximum number of Alternate 

Responsible Officers for sponsor 

organizations that request additional 

officers and demonstrate a need for 

them. 

Two parties addressed the 

requirement in section 62.9(g)(2) that 

Responsible Officers and Alternate 

Responsible Officers be employees of 

the sponsors. One comment, from a 

Rotary organization, explained that 

Rotary uses only volunteers, not 

employees, as Responsible Officers and 

Alternate Responsible Officers. The 

other comment, from a large 

corporation, raised the concern that 

company lawyers and paralegals would 

no longer be permitted to serve as 

Alternate Responsible Officers under 

the new rules. The Department has 

reviewed this comment and has 

determined that it would prefer that 

Responsible Officers and Alternate 

Responsible Officers be employees of 

the sponsor organization. However, an 

applicant entity or a sponsor that wishes 

to nominate an individual who is not an 

employee as an Alternate Responsible 

Officer may make a request to the 

Department, which the Department may 

approve in its discretion. One important 

factor that may qualify a volunteer as an 

Alternate Responsible Officer might be 

that person’s longstanding, close, and 

continuing relationship with the 

sponsor organization. Another factor 

might be that the volunteer works for a 

sponsor organization that has a 

predominantly volunteer exchange 

model. 

Ten parties commented on the 

requirement in section 62.9(g)(3) that 

sponsors replace outgoing Responsible 

Officers and Alternate Responsible 

Officers within ten calendar days, 

suggesting that this requirement was 

unrealistic. Comments indicated, for 

example, that it takes a long time to hire 

new staff, making it not feasible to 

speedily replace personnel. The 

Department understands these concerns, 

but maintains the requirement. The 

Department is not suggesting that the 

sponsor organization hire a new 

employee in this timeframe, but that it 

designate and provide documentation 

for an existing staff member to be placed 

in the position on a temporary basis 

until a permanent replacement is hired. 

Ten days is the amount of time that the 

Department believes that a Responsible 

Officer/Alternate Responsible Officer 

work could go uncompleted; after this 

time period, someone must take on the 

Responsible Officer/Alternate 

Responsible Officer monitoring 

workload at the sponsor organization. 

The Department wishes to reiterate that 

a sponsor must have in place and 

maintain a Responsible Officer and a 

minimum of one Alternate Responsible 

Officer at all times. If the Responsible 

Officer leaves, the sponsor may wish to 

designate an existing Alternate 

Responsible Officer to that position on 

a temporary basis. If the only Alternate 

Responsible Officer leaves, the sponsor 

should select another existing employee 

or officer to be an Alternate Responsible 

Officer. The potential Responsible 

Officer/Alternate Responsible Officer 

needs to undergo the criminal 

background check and be trained in the 

system, unless it is a case of an 

Alternate Responsible Officer becoming 

the Responsible Officer temporarily. In 

either case, and regardless of the reason, 

when a Responsible Officer or Alternate 

Responsible Officer departs the 

organization, the sponsor must ensure 

that the departing person’s access to 

SEVIS is terminated as quickly as 

possible, but in no event later than ten 

calendar days after departure. This 

action serves to limit unauthorized 

SEVIS access by a person who is no 

longer involved with the administration 

of a sponsor’s exchange visitor program 

and, thereby, protects all involved 

parties, as well as U.S. national security. 

The Department reminds sponsors that 

they must make it their highest priority 


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to replace a departing Responsible 

Officer as quickly as possible as this role 

is critical to the stewardship of the 

sponsor’s exchange visitor program. 

In addition, the Department deletes 

the second sentence of section 62.9(a); 

the regulations governing the imposition 

of sanctions are set forth in 22 CFR 

62.50. The Department also deletes 

Appendix C to Part 62 in light of the 

collection of information through Form 

DS–3037 (Update of Information on a 

Sponsor’s Exchange Visitor Program) 

(OMB collection 1405–0147). 

Section 62.10 Program Administration 

Twenty-three parties commented on 

the proposed requirement in section 

62.10(a)(2) that exchange visitors be 

proficient in the English language, ‘‘as 

measured by an objective 

measurement.’’ All but one of these 

parties recommended maintaining the 

current language (i.e., ‘‘The exchange 

visitor possesses sufficient proficiency 

in the English language to participate in 

his or her program.’’) One party 

recommended that the Department 

adopt the test set forth in the regulations 

for the Trainee and Intern categories 

(Section 62.22(d)(1)). The Department 

believes that not only is an exchange 

visitor’s success in his or her particular 

program dependent upon sufficient 

English language capability, but good 

English communication skills are 

essential to ensure the health, safety, 

and welfare of exchange visitors. 

Moreover, the Department continues to 

find that too many exchange visitors 

lack sufficient English proficiency to 

perform their jobs or complete their 

academic programs; to navigate daily 

life in the United States; to read and 

comprehend program materials; to 

understand fully their responsibilities, 

rights, and protections; and to know 

how to obtain assistance, if necessary. 

Accordingly the Department adopts a 

modified version of the regulatory 

language governing the Trainee and 

Intern categories as the program-wide 

standard for determining the English 

language proficiency of exchange 

visitors. The Department reminds 

sponsors to retain evidence of how they 

measured applicants’ English language 

proficiency so that it may be made 

available to the Department upon 

request. 

The proposed rule moved sections 

62.70(b) and (c) to sections 62.10(d)(3) 

and (4) and required that sponsors 

report in SEVIS any change in an 

exchange visitor’s U.S. address, 

telephone number, email address, or 

primary site of activity within ten 

business days of being notified by the 

exchange visitor. Of the fifteen parties 

commenting on this proposed 

requirement, the majority opined that 

ten days are not sufficient time to 

update records, given the number of 

exchange visitors in programs and the 

other responsibilities of the Responsible 

Officer and Alternate Responsible 

Officers. Since the inception of SEVIS, 

sponsors were required to update SEVIS 

records within 21 days. Upon review of 

current SEVIS reporting requirements 

and the Department’s legislative 

mandate to ensure that sponsors 

maintain SEVIS, the Department 

upholds the proposed language and 

requires sponsors to report in SEVIS 

within ten business days of notification 

by an exchange visitor of any change in 

address, telephone number or email 

address. 

Thirty parties opposed the proposed 

requirement in section 62.10(d)(5) that 

sponsors report the actual and current 

U.S. address and email address for 

accompanying spouses and dependents. 

They argued that such a requirement 

would be unduly burdensome, that the 

information could be obtained from the 

Department of Homeland Security 

(DHS), and that the requirement should 

be postponed until the next version of 

SEVIS is operational, at which time 

exchange visitors can enter this 

information directly into SEVIS 

themselves. Similarly, 31 parties 

objected to the proposed requirement in 

section 62.10(d)(6) that sponsors report 

Employment Authorization Document 

(EAD) information in SEVIS for 

accompanying spouses and dependents. 

They argued that sponsors do not have 

this information, that this information is 

not part of the employment 

authorization process, or that, in any 

event, U.S. Customs and Border 

Protection should collect this 

information. To be ‘‘accompanying,’’ 

spouses and dependents—with few 

exceptions (e.g., dependents are in a 

boarding school)—should be living with 

the exchange visitors. The Department 

finds that collection of the 

accompanying spouse and dependents’ 

email addresses is necessary for 

emergency contact information and 

upholds this requirement. The 

Department deletes proposed section 

62.10(d)(6) regarding Employment 

Authorization Documents from this 

final rule; however, the Department will 

review the requirements of this 

proposed section at the time another 

version of SEVIS is implemented. 

In order to protect the health, safety, 

and welfare of exchange visitors, 

language has been inserted into the 

regulation making it unlawful for 

sponsors or their foreign entities to 

retaliate against exchange visitors if they 

should make complaints about the 

program. 

Section 62.11 Duties of Responsible 

Officers and Alternate Responsible 

Officers 

Proposed section 62.11(a) would 

require Responsible Officers and 

Alternate Responsible Officers to be 

thoroughly familiar not only with the 

Exchange Visitor Program regulations 

and Department codes required for 

issuing Forms DS–2019, but also with 

‘‘all federal and state regulations 

pertaining to the administration of its 

exchange visitor program, including the 

Department of State’s and Department of 

Homeland Security’s policies, manuals, 

instructions, guidance and SEVIS 

operations relevant to the Exchange 

Visitor Program,’’ as well as federal, 

state and local laws pertaining to 

employment, including the Fair Labor 

Standards Act, if the exchange category 

overseen has an employment 

component. Five commenting parties 

encouraged the Department to develop 

clear, up-to-date policy and interpretive 

guidance on all relevant laws and 

regulations, and to make such guidance 

easily available to program sponsors. In 

an attempt to capture relevant 

Department guidance, regulations, and 

other information, the Department 

launched a new Web site design last 

year, and all such information can now 

be accessed under one section, at 

http://j1visa.state.gov/sponsors/current/

regulations-compliance. Sponsors 

nonetheless may need to research some 

federal, state, and local requirements 

that may impact their exchange visitor 

programs. 

One commenting party expressed 

concern about proposed section 

62.11(d), which directs sponsors to 

ensure that their spam filters do not 

block reception of SEVIS or 

communications from either the 

Department of State or the Department 

of Homeland Security. The party noted 

that it is not always possible to know if 

messages are being sent in the first place 

and suggested that multiple messages be 

sent, including a paper notice if there is 

no response from the sponsor. The 

proposed regulation is consistent with 

the requirement set forth in 8 CFR 

214.3(e)(1) that governs electronic 

notices sent to Student and Exchange 

Visitor Program (SEVP) certified 

schools. Paper notices will be sent at 

Departmental discretion in certain 

circumstances, such as when sponsors 

have notified the Department that their 

electronic systems will have outages 

within a specific timeframe. Therefore, 

the Department adopts the language of 

the proposed rule. 


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Section 62.12 Control of Forms DS– 

2019 

The proposal in section 62.12(b)(1)(i) 

stated that a sponsor must verify that 

each prospective exchange visitor is 

eligible, qualified and accepted into the 

sponsor’s exchange visitor program. The 

parenthetical language implies that the 

sponsor has secured a placement, by 

obtaining a camp offer letter or a written 

secondary student school acceptance, 

before issuing a Form DS–2019. A total 

of 25 parties, mostly from the secondary 

school student and camp counselor 

communities, commented on this 

proposed change, only one of which 

supported it. A majority of those 

commenting expressed concern that if 

program pre-placement—e.g., a camp 

offer letter or a written secondary 

student school acceptance—were 

required for all exchange visitors, many 

exchange visitors would be unable to 

secure visas because the visa process is 

so slow during high volume seasons. 

The secondary school student 

regulations set forth under section 

62.25, for example, permit sponsors to 

place students up to August 31 each 

academic year. Due to high volume of 

visas processed every summer, waiting 

until the end of August when a school 

placement is confirmed does not permit 

ample time for the visa to be processed 

and travel to the United States prior to 

the first day of school. 

The Department believes that there 

are many advantages to its proposal. 

First, it would prevent sponsors from 

cancelling programs at the last minute 

due to their inability to secure program 

placements (and a prospective exchange 

visitor would know that there was no 

guarantee of a program until he or she 

received a Form DS–2019). It also would 

lessen the potential for applicants to 

obtain and use visas without ever 

intending to participate in the Exchange 

Visitor Program. Finally, it would 

require sponsors to secure placements 

earlier in the season than they usually 

do, allowing more time for planning and 

orientation than is now available. 

Nevertheless, without further 

analysis, the Department cannot assess 

whether posts would be able to timely 

grant all the necessary visa interviews, 

in order to avoid unanticipated 

shrinkage in program sizes. In light of 

this, the Department is eliminating the 

proposed parenthetical language ‘‘(e.g., 

has an offer letter from a camp, a written 

acceptance from a secondary school)’’ 

from section 62.12(b)(1)(i). The 

Department acknowledges that, in 

certain categories sponsors are able to 

meet the regulations by accepting 

exchange visitors into their program 

without securing final placement prior 

to issuing a Form DS–2019. It is 

important to note that certain categories, 

such as Summer Work Travel, 

secondary school students, interns and 

trainees, have their own criteria 

regarding placements within the 

specific program provisions set forth in 

Subpart B. 

Four parties opposed the new 

language in section 62.12(d)(1) 

regarding annual allotment of Forms 

DS–2019, arguing that a limited annual 

allotment might result in a sponsor not 

having enough forms to meet market 

demand. The Department notes that the 

process for submitting an annual request 

for the Department for allotment of 

Forms DS–2019 or the request for 

additional Forms DS–2019 (i.e., an 

expansion) is no different than the 

process that has been in place since the 

publication of the original 1993 

regulations. The Department started 

‘‘allocating’’ Forms DS–2019 before the 

advent of SEVIS. The transition to the 

electronic generation of such forms to be 

printed on a sponsor’s printer, however, 

does not eliminate the need for the 

Department to determine how many 

forms a sponsor may have—and thus, 

how many exchange visitors a sponsor 

may bring to the United States each 

year. Indeed, the Department assesses 

each sponsor’s financial and staffing 

resources in an effort to ensure that a 

sponsor does not sponsor more 

exchange visitors than it can adequately 

monitor and support. The Department, 

therefore, will issue Forms DS–2019 to 

sponsors based on the current need of 

the sponsor, how the Department views 

program expansion as a policy issue, 

and any upcoming expressed needs of 

sponsors in their implementation of the 

program. 

The commenting parties noted that 

the program size expansion request 

procedures in section 62.12(d)(2) are 

unclear and require further clarification 

from the Department. The Department 

respectfully disagrees. The language in 

the proposed regulations parallels the 

language in section 2.4.2 of the User 

Manual for Exchange Visitor Program 

Sponsor Users (RO/ARO) of SEVIS 

Version 6.10: Volume 1 Forms DS–3036 

and DS–3037. Sponsors have long been 

required to describe their source of 

planned program growth, staff increases, 

training capacity, current financial 

status, and provide other information on 

how they will handle program growth 

(id. at p. 46). Accordingly, the 

Department will adopt section 62.12(d) 

as proposed. 

Thirteen commenting parties 

addressed the prohibition in section 

62.12(e)(2) against forwarding, via fax or 

other electronic means, copies or PDFs 

of signed or unsigned Forms DS–2019 to 

any unauthorized party. The parties 

noted that, although they appreciate the 

importance of keeping copies of 

government documents secure, the 

prohibition as written in the proposed 

rule is too rigid. One party observed that 

the proposed regulation does not clearly 

indicate if there are any ‘‘authorized 

parties’’ other than the Department of 

State and the Department of Homeland 

Security and queried whether, for 

example, an exchange visitor whose 

DS–2019 is stolen is an ‘‘authorized 

party’’ for purposes of receiving a copy 

of his or her own scanned DS–2019. 

Another commenter noted that because 

the original DS–2019 must be signed by 

the sponsor in blue ink, a precaution 

that permits anyone viewing the DS– 

2019 to distinguish readily an original 

from a photocopy, there is no reason to 

restrict a sponsor’s ability to transmit a 

fax or PDF to any entity other than the 

Department of State or the Department 

of Homeland Security. In light of 

current technologies that make it easy to 

create counterfeit copies of documents, 

the Department does not wish for there 

to be any electronic or paper replicas of 

Forms DS–2019 to be available to 

anyone, hence, the only authorized 

parties are the Departments of State and 

Homeland Security. It would be 

relatively simple to remove a black 

signature from a copy of a Form DS– 

2019 and replace it with an original blue 

ink signature. While sponsors are 

certainly authorized to maintain copies 

of these forms for their internal files and 

may be called on to provide such copies 

to a requesting Department, the only 

other ‘‘versions’’ of Forms DS–2019 

should be the original documents 

maintained by the exchange visitors and 

their accompanying spouses and 

dependents. Accordingly, the 

Department will adopt the proposed 

regulation as drafted. 

Three commenting parties opposed 

the requirement in section 62.12(e)(5) 

that a sponsor ask exchange visitor 

applicants to return unused Forms DS– 

2019. Two of the parties pointed out 

that SEVIS makes this requirement 

obsolete. The Department agrees—as 

long as sponsors promptly change the 

status of the SEVIS records associated 

with the unused Forms DS–2019 to 

‘‘invalid.’’ Otherwise, individuals with 

unscrupulous intentions could use a 

Form DS–2019 to obtain a visa to 

illegally enter the United States. While 

the Department will withdraw the 

requirement set forth in section 

62.12(e)(5), it reminds sponsors of the 


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critical importance of maintaining 

current and accurate SEVIS records. 

In addition, the Department deletes 

section 62.12(b)(2)(iii); the regulations 

governing the imposition of sanctions 

are set forth in 22 CFR 62.50. 

Section 62.13 Notification 

Requirements 

The Department received a total of 18 

comments regarding various aspects of 

the notification requirements section. 

One party stated that the wording of 

section 62.13(a)(1) mistakenly implies 

J–2 accompanying spouses and 

dependents will need to be validated 

separately from the J–1 exchange 

visitors they accompany or join, even 

though J–2s are automatically validated 

in SEVIS when J–1s are validated. 

Under the current SEVIS, a J–2’s record 

is automatically changed from ‘‘Initial’’ 

to ‘‘Active’’ status upon the validation 

of the associated J–1 record. 

Accordingly, the Department modifies 

the language of section 62.13(a)(1) to 

clarify that separate validation is not 

necessary. 

Seven parties commented on the 

requirement proposed at section 

62.13(a)(4) that sponsors track and 

report early departures of accompanying 

spouses and dependents, stating that 

they had no system to track them, and 

that ‘‘this requirement goes beyond 

regulatory requirements.’’ The 

Department disagrees. There have been 

30,000 J–2 visa holders that entered the 

United States on the Exchange Visitor 

Program since the program’s inception. 

Sponsors of exchange visitors are 

equally responsible for tracking the 

whereabouts of accompanying spouses 

and dependents to whom they also 

issued Forms DS–2019. One 

commenting party, however, explains 

that there is no regulatory requirement 

for the J–1 exchange visitor to report to 

the sponsor the travel plans of his or her 

accompanying spouse and dependents. 

The Department reminds sponsors that 

it is incumbent upon them to draft and 

implement programmatic rules that 

allow them to satisfy the requirements 

in Part 62. In other words, a sponsor can 

easily make it a condition of bringing an 

accompanying spouse and dependents 

that the exchange visitor must report if 

and when they depart the United States 

prior to the exchange visitor. 

Accordingly, the Department retains the 

proposed language for section 

62.13(a)(4). 

Four parties submitted comments 

about the requirement proposed in 

section 62.13(b)(2) that a sponsor must 

update SEVIS to reflect any change to an 

exchange visitor’s site of activity. This 

is not a new requirement: current 

section 62.70(a)(5) requires a sponsor to 

‘‘[u]tilize SEVIS to up-date information 

on any exchange visitor, spouse, or 

dependent child for whom a SEVIS 

record has been created.’’ The purpose 

of the new language in section 

62.13(b)(2) is to ensure that sponsors 

understand that an exchange visitor’s 

site of activity is included in the SEVIS 

information that they are required to 

update. 

As ‘‘site of activity’’ is a newly 

defined term, the Department 

understands that additional guidance is 

needed to inform sponsors how to 

accommodate certain situations. One 

university expressed concern at the 

burden of updating the (secondary) site 

of activity field for an exchange visitor 

who goes to another site ‘‘for a few days 

at most’’ to lecture or consult. Proposed 

regulations at section 62.13(b)(2) require 

a sponsor to update an exchange 

visitor’s site of activity within ten days. 

Clearly, changes in activity locations 

that last only a few days would not need 

to be captured in SEVIS. Keeping in 

mind that a purpose of maintaining a 

current site of activity in SEVIS is to 

enable law enforcement to locate 

exchange visitors, in the above example, 

it is likely that someone at the 

professor’s primary site of activity could 

provide law enforcement with the 

professor’s itinerary. However, if an 

individual had both a permanent office 

and a lab site, it would be appropriate 

to enter as the primary address, the one 

at which the exchange visitor was 

primarily located, and to enter the other 

as secondary. The collection of this data 

will remain in the final rule. 

When a nonimmigrant enters the 

United States and reports to his or her 

exchange visitor program sponsor, the 

sponsor must note this occurrence in 

SEVIS through the validation process, 

thereby demonstrating that the exchange 

visitor is currently present in the United 

States and is participating in his or her 

exchange visitor program identified on 

the Form DS–2019 used to enter the 

United States. For the purpose of this 

rulemaking, the 30-day requirement for 

validation remains unchanged, with the 

exception of those exchange visitors 

participating in a program of which the 

maximum duration of the program is 

less than 30 days. Section 62.8(b), 

regarding minimum duration of 

program, requires a sponsor, other than 

a federal government agency, to provide 

each exchange visitor, with the 

exception of Short-term Scholar, with a 

minimum period of participation in the 

United States of no less than three 

weeks. When an exchange program is 

less than three weeks, the requirement 

to validate the SEVIS record within 30 

days of the Program Start Date does not 

work. Therefore, the SEVIS record with 

a program duration of less than 30 days 

must be validated before the Program 

End Date listed in SEVIS. Failure to 

validate a nonimmigrant’s SEVIS record 

(e.g., before the Program End Date for 

program durations of less than 30 days 

or within 30 days of the Program Start 

Date for programs with a program 

duration of 30 days or greater) will 

result in the automatic change of the 

status of a SEVIS record to ‘‘Invalid’’ 

(when no Port of Entry information is 

contained on the SEVIS record) or ‘‘No 

Show’’ (when Port of Entry information 

is present on the SEVIS record). A 

record in ‘‘Invalid’’ status indicates that 

a foreign national did not use the 

associated Form DS–2019 to enter the 

United States. A record in ‘‘No Show’’ 

status indicates that the nonimmigrant 

entered the country, but failed to 

commence participation in the exchange 

visitor program for which he or she 

entered the United States. It is 

important to recognize that a SEVIS 

record in ‘‘No Show’’ status is a negative 

indicator that alerts the proper 

authorities that the individual failed to 

comply with the requirements of the 

Exchange Visitor Program regulations by 

entering the United States with no 

intention of reporting to his or her 

sponsor. Sponsors must use caution and 

timely validate SEVIS records or they 

could change to ‘‘No Show’’ status and 

unintentionally create a negative 

nonimmigrant history for the exchange 

visitor, thereby impacting his or her 

application for visas in the future. 

Sponsors should realize that Invalid 

and No Show records will appear on the 

sponsor’s Form DS–3097, Annual 

Report, and may be of concern to the 

Department’s Office of Designation 

when processing Form DS–2019 

allotment requests or applications for 

redesignation. Failure to validate SEVIS 

records also may impact a sponsor’s 

allotment of available SEVIS records 

and the administrative actions that are 

required (by both the sponsor officials 

and the Department of State officials) to 

correct the SEVIS status of the records; 

and is evidence of a sponsor’s failure to 

comply with program regulations. 

Three parties commented on 

proposed section 62.13(a)(3), which 

provides that a sponsor must report in 

SEVIS any withdrawal from or early 

completion of an exchange visitor’s 

program. One party suggested changing 

the functionality of SEVIS to allow a 

sponsor to enter a retroactive date in the 

‘‘Complete Program More than 30 days 

Before Program End Date’’ field. The 

second party urged the Department to 

make reference to the impending 


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paperless environment so that ‘‘SEVIS 

can be programmed to implement 

Exchange Visitor Program regulations, 

rather than expecting the regulations to 

be amended later in response to SEVIS 

programming.’’ The third party, a 

sponsor in the research scholar category, 

suggested omitting this provision from 

the Final Rule, arguing that sponsors 

sometimes overestimate the amount of 

time a research project can take, making 

it more sensible retroactively to change 

the program end date rather than report 

that the program was completed early. 

The Department has carefully 

considered these comments, and will 

adopt the language of the proposed rule. 

The Department can anticipate neither 

the implementation date nor the final 

characteristics of a SEVIS update. 

Accordingly, it must adopt regulations 

that address the current state of 

technology and issue guidance and/or 

new regulations after the technologies 

change. 

Current section 62.13(c)(8) requires 

sponsors to report the loss or theft of 

Forms DS–2019 to the Department by 

telephone. Two commenting parties 

asked the Department to reconsider this 

requirement and instead permit 

sponsors to report this information via 

email or in SEVIS. The Department 

agrees with this suggestion and, 

accordingly, will change section 

62.13(c)(8) to permit such information 

to be reported by telephone or email. 

Section 62.13(d), which has been 

changed to require sponsors to inform 

the Department of any serious problem 

or controversy on or before the next 

business day, inspired two comments. 

One party asked the Department to keep 

the language ‘‘promptly’’ rather than 

change the operative language to ‘‘on or 

before the next business day.’’ The 

Department believes that ‘‘promptly’’ 

was too vague a standard to guide 

sponsors in the event of a serious 

problem or controversy. Thus the 

Department will adopt the wording ‘‘on 

or before the next business day.’’ The 

other party asked that the Department 

more explicitly define or provide 

examples of what might constitute a 

‘‘serious problem or controversy.’’ 

Examples of such instances are death or 

serious injury of an exchange visitor, 

sexual abuse, or any other event that 

could bring the Department or the 

Exchange Visitor Program into notoriety 

or disrepute. 

In addition, the Department deletes 

section 62.13(b)(1)(iii); the regulations 

governing the imposition of sanctions 

are set forth in 22 CFR 62.50. 

Section 62.14 Insurance Coverage 

This rule increases by $50,000 the 

level of insurance coverage a sponsor 

must require its exchange visitors (and 

accompanying spouses and dependents) 

to maintain for the duration of their 

exchange visitor program participation, 

as reflected on their Forms DS–2019 

(i.e., from the ‘‘Program Begin Date’’ 

through the ‘‘Program End Date’’). Many 

sponsors already require insurance 

policies for their exchange visitors at a 

higher level of coverage than the current 

regulations require. Although the 

regulations do not require ‘‘entry to 

exit’’ insurance coverage, the 

Department strongly encourages 

sponsors to offer this highly desirable 

coverage. 

The Department received a total of 47 

comments regarding the insurance 

provisions. Of those, 37 parties 

supported the increased amounts, nine 

parties opposed the proposed changes, 

and two parties neither agreed nor 

disagreed but made further inquiries 

about acceptable ratings. The majority of 

the comments recognized the need for 

an increase in the health insurance 

coverage amounts. However, some 

commenters indicated that the amount 

of coverage of $200,000 per accident or 

illness was too high and that $100,000 

would be sufficient. The Department 

has further reviewed insurance levels 

and recommendations and agrees that 

$100,000 is an acceptable level of 

coverage per accident or illness. The 

Department also has adopted, as 

prompted by two of the comments, two 

additional insurance ratings: the ‘‘A-’’ 

rating by Fitch Ratings, Inc. and the 

‘‘A3’’ rating by Moody’s Investor 

Services. Thirteen of the commenting 

parties asked the Department to delay or 

provide a grace period for 

implementation of the new insurance 

requirements in order to give sponsors 

time to enter into new contracts with 

insurance carriers. The Department 

understands that current contracts must 

be fulfilled and that it will take some 

time to put new agreements in place. 

Therefore, the new insurance 

requirements will go into effect on 

January 1, 2015. Three comments 

suggested deletion of proposed section 

62.14(j), which gives the Secretary of 

State the authority to update new 

mandatory minimum levels of insurance 

coverage. The comments argued that 

this power is too broad and that, in any 

event, changes to minimum insurance 

coverage requirements should go 

through the full regulatory review 

process. The Department agrees and has 

deleted this provision from section 

62.14. 

Section 62.15 Reporting Requirements 

Sponsors must submit annual reports 

to the Department, to be generated 

through SEVIS. Such report must be 

filed on an academic (July 1–June 30), 

calendar (January 1–December 31), or 

fiscal (October 1–September 30) year 

basis, as directed by the Department. 

The annual report has recently been 

updated in SEVIS to reflect the changes 

made on the Department’s Form DS– 

3097 (Annual Report). The statistical 

calculations for the number of exchange 

visitors each year is taken directly from 

SEVIS records. Sponsors may input 

answers to the narrative questions on 

Form DS–3097 in SEVIS; however, they 

must continue to print the form, sign the 

certification, and mail it to the 

Department until the implementation of 

the next version of SEVIS. In addition, 

the Department deletes Appendix D to 

Part 62 in light of the collection of 

information through Form DS–3097 

(Annual Report Form) (OMB collection 

1405–0151). 

The Department received 11 

comments regarding section 62.15(e)(2) 

of the proposed rule (now identified as 

section 62.15(a)(5)(ii) in this 

rulemaking), eight of which opposed the 

stipulation that only the Chief Financial 

Officer of an academic, medical, and 

private sector entity is authorized to 

sign its annual report. The annual report 

form already permits the Responsible 

Officer’s signature; therefore, the 

Department revises section 

62.15(a)(5)(ii) to permit an institution’s 

Chief Executive Officer or Responsible 

Officer to sign the institution’s annual 

report. 

To strengthen program oversight, 

proposed section 62.15(e)(3) (now 

identified as section 62.15(b) in this 

rulemaking) requires management 

reviews, currently utilized in the Au 

Pair category, for Private Sector Program 

sponsors, which includes the categories 

of Trainees, Interns, Teachers, 

Secondary School Students, Camp 

Counselors, Au Pairs, Alien Physician, 

and Summer Work Travel. The 

Department received 59 comments on 

the proposed management audit 

requirement, 23 of which were in favor 

of the new requirement, 35 of which 

were opposed, and one of which 

requested clarification on the cost and a 

list of recommended auditors. Twentythree comments recognized the value of 

a management audit yet still raised 

concerns about the financial impact of 

such audits on small entities, the 

financial impact on organizations that 

hold designations in multiple categories 

of exchange, and the requirement that 

audits be conducted annually. 


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A management review or audit, as it 

was previously referred to, is a review 

of a sponsor’s internal controls. The 

management review identifies 

weaknesses in operating procedures in 

the conduct of an organization’s 

business and in meeting regulatory 

requirements in the administration of its 

exchange visitor program or programs. 

Requiring a management review would 

give the Office of Exchange 

Coordination and Compliance an 

additional tool to assess the extent to 

which designated private sector 

exchange sponsors comply with the 

Exchange Visitor Program regulations. 

The Department will provide sponsors 

with a format and schedule of the 

management review timeframe. The 

Department intends to roll out the 

management reviews beginning with the 

secondary school student category. 

Initial management reviews will be due 

four months after the end of each 

category’s annual cycle. Management 

reviews for the other categories will be 

implemented on different schedules in 

order to spread out the due dates over 

a two-year period. Sponsors that 

administer exchange programs funded 

fully by federal, state, or local 

governments (e.g., public school 

systems) are exempt from the 

management review requirement. These 

exchange programs are audited under 

other governmental requirements. 

Sponsors are required to engage 

independent auditors to perform the 

management reviews, including 

reviewing internal operating procedures 

of the sponsor and the files of a 

statistically valid sampling of the 

sponsor’s exchange visitors. 

Three commenting parties set forth 

general concerns about proposed section 

62.15(f) (now identified as section 

62.15(a)(6) in this rulemaking), which 

requires sponsors to report a numerical 

count, by category, of all exchange 

visitors participating in the sponsor’s 

program for the reporting year. 

Specifically, the comments called into 

question the accuracy of such data 

before any SEVIS revision were to go 

into effect. The Department and SEVIS 

have addressed these concerns since 

publication of the proposed rule. The 

new annual report form, Form DS–3097, 

was implemented in SEVIS in April 

2011. 

Five commenting parties also opposed 

the characterization, in the 

Supplementary Information section of 

the proposed rule, of certain exchange 

visitor program categories as ‘‘high 

risk.’’ These parties stated that, although 

the exchange community understands 

the special vigilance required for certain 

programs where the majority of 

exchange visitors are minors, the 

Department has publicly noted on 

several occasions that the overall 

number of problematic incidents is low. 

Using this language gives an inaccurate 

impression to the general public, 

policymakers, and U.S. embassy staff 

who may not be familiar with these 

programs. The Department agrees and 

eliminates from the Final Rule language 

describing certain Exchange Visitor 

Program categories as ‘‘high risk.’’ 

Section 62.16 Employment 

As discussed above with respect to 

section 62.10, the Department has 

eliminated the requirement that 

sponsors collect Employment 

Authorization Document numbers for 

accompanying spouses and dependents. 

Accordingly, section 62.16(c) has also 

been amended to remove all reference to 

the collection of Employment 

Authorization Document numbers. 

Further, the language has been updated 

to reference the Department of 

Homeland Security and not the now 

defunct Immigration and Naturalization 

Services (INS). 

Note: Current section 62.17—Fees and 

Charges remains unchanged. 

Regulatory Analysis 

Administrative Procedure Act 

The Department of State is of the 

opinion that the Exchange Visitor 

Program is a foreign affairs function of 

the U.S. Government and that rules 

implementing this function are exempt 

from sections 553 (Rulemaking) and 554 

(Adjudications) of the Administrative 

Procedure Act (APA). The U.S. 

Government, by policy and 

longstanding practice, oversees foreign 

nationals who come to the United States 

as participants in exchange visitor 

programs, either directly or through 

private sector program sponsors or 

grantees. When problems occur, the U.S. 

Government is often held accountable 

by foreign governments for the 

treatment of their nationals, regardless 

of who is responsible for the problems. 

The purpose of this final rule is to 

amend the general administrative 

provisions for the Exchange Visitor 

Program, and associated Appendices, in 

accordance with the Act and to take 

steps to protect the health, safety and 

welfare of foreign nationals entering the 

United States (often on programs funded 

by the U.S. Government) for a finite 

period of time and with a view that they 

will return to their countries of 

nationality upon completion of their 

programs. The Department of State 

represents that failure to take steps to 

protect the health, safety and welfare of 

these foreign nationals will have direct 

and substantial adverse effects on the 

foreign affairs of the United States. 

Although the Department is of the 

opinion that this rule is exempt from the 

rulemaking provisions of the APA, the 

Department previously published this 

rule as a notice of proposed rulemaking, 

with a 60-day provision for public 

comment; and it is now publishing this 

rule as a final rule with a 60-day 

provision for public comment. This is 

without prejudice to its determination 

that the Exchange Visitor Program is a 

foreign affairs function. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This final rule is not a major rule as 

defined by 5 U.S.C. 804 for the purposes 

of Congressional review of agency 

rulemaking under the Small Business 

Regulatory Enforcement Fairness Act of 

1996 (5 U.S.C. 801–808). This rule will 

not result in an annual effect on the 

economy of $100 million or more; a 

major increase in costs or prices; or 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. 

Unfunded Mandates Reform Act of 1995 

This final rule will not result in the 

expenditure by State, local and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million in any 

year, and it will not significantly or 

uniquely affect small governments. 

Therefore, no actions were deemed 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995. 

Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments 

The Department has determined that 

this rulemaking will not have tribal 

implications, will not impose 

substantial direct compliance costs on 

Indian tribal governments, and will not 

pre-empt tribal law. Accordingly, the 

requirements of Executive Order 13175 

do not apply to this rulemaking. 

Regulatory Flexibility Act/Executive 

Order 13272 

Since this final 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, 

section 3(b). In its September 22, 2009 

promulgation of the proposed rule, the 


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Department certified that the proposed 

changes to the regulations were not 

expected to have a significant economic 

impact on a substantial number of small 

entities under the criteria of the 

Regulatory Flexibility Act, 5 U.S.C. 601– 

612, and Executive Order 13272, section 

3(b). 

Numbers of Small Businesses 

The Department notes that the final 

rule will affect the operations of the 

nearly 1,400 sponsors designated by the 

Department to conduct exchange 

programs. These 1,400 sponsors bring 

into the United States close to 300,000 

new exchange visitors annually. The 

Department has not conducted a study 

of how many of its sponsors are small 

businesses. However, even if all of the 

1,400 sponsors are stipulated to be small 

businesses, the proposed changes to the 

regulations would not be expected to 

have a significant economic impact on 

a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act, 5 U.S.C. 601–612 and 

Executive Order 13272, section 3(b). 

Small Business Compliance Costs 

The Department has not specifically 

studied the effect of this regulation on 

small businesses. However, it estimates 

the cost of a management review, whose 

parameters the Department may define, 

to be around $10,000. There is a cost of 

around $3–5 per person for an instant 

electronic-type of background check or 

$15 per person cost for one where local 

documentation is reviewed 

electronically. These types of checks 

meet the standard outlined in the 

regulation. Health insurance should not 

cause an increase in sponsor costs, as 

most sponsors are already requiring 

insurance at the level noted in the 

rulemaking, if not higher. The vast 

majority of exchange visitors pay for 

their own insurance and buy from a 

variety of vendors with different costs 

that are affected by myriad factors. 

The cost per small business is 

estimated at around $10,000 every two 

years for the management review. The 

cost, on average, is $48–$180 every four 

years for background checks based on 

an average of three to six ROs/AROs per 

sponsor. 

The Office of Advocacy, Small 

Business Administration, submitted a 

public comment letter on this rule. The 

Office was concerned with the 

Department of State’s use of the foreign 

affairs exemption, the use of the Interim 

Final Rule format, and the lack of small 

business data to justify this certification. 

After receiving and analyzing the 

aforementioned 656 comments and after 

consultation with the affected 

stakeholders, a number of changes were 

made to the proposed regulation. The 

Department removed the requirement 

for sponsors to collect a Dun & 

Bradstreet number on the organization 

and affiliated third parties, which 

would have been a cost to sponsors of 

several hundred dollars each. In 

addition, the expense of required predesignation on-site reviews to sponsors 

was removed, which also would have 

cost sponsors several hundred dollars 

each. 

After revising the proposed rule, the 

Department again reviewed the 

regulations being promulgated in this 

Final Rule in order to determine if they 

would potentially have a significant 

economic impact on any other small 

entities using the J-visa. Other than 

those comments received regarding 

management audits, no other 

commenters claimed that there would 

be a potential significant economic 

impact on small entities. 

Accordingly, the Department has 

determined that the Final Rule is not 

expected to have an economic impact 

on a substantial number of small 

entities. 

Executive Orders 12866 and 13563 

The Department is of the opinion that 

the Exchange Visitor Program is a 

foreign affairs function of the U.S. 

Government and that rules governing 

the conduct of this function are exempt 

from the requirements of Executive 

Order 12866. However, the Department 

has nevertheless reviewed the final rule 

to ensure its consistency with the 

regulatory philosophy and principles set 

forth in those Executive Orders. The 

following number of sponsors and 

participants will be affected by 

regulatory changes (note that the total 

number of sponsors in the table adds up 

to more than 1,400, since many 

sponsors cover more than one category 

of exchange visitor): 

Category Number of 

sponsors 

Number of 

participants 

(CY 2013) 

Au Pair ..................................................................................................................................................................... 15 14,625 

Camp Counselor ...................................................................................................................................................... 24 18,889 

College and University Student ............................................................................................................................... 816 45,738 

Intern ........................................................................................................................................................................ 77 21,879 

Alien Physician ........................................................................................................................................................ 1 2,331 

Professor & Research Scholar ................................................................................................................................ 975 31,842 

International Visitor .................................................................................................................................................. 7 5,715 

Government Visitor .................................................................................................................................................. 22 5,299 

Secondary School Student ...................................................................................................................................... 77 23,697 

Short Term Scholar ................................................................................................................................................. 834 19,572 

Specialist .................................................................................................................................................................. 412 801 

Summer Work Travel ............................................................................................................................................... 46 86,518 

Teacher .................................................................................................................................................................... 54 1,176 

Trainee ..................................................................................................................................................................... 85 9,111 

Total .................................................................................................................................................................. ........................ 287,193 

The Department acknowledges an 

increased paperwork burden on the 

1,400 sponsors that participate in the 

exchange visitor program. The reasons 

for these requirements were explained 

above, and will be explained in detail 

when the respective information 

collections are updated. However, to 

summarize, these requirements will 

enhance the safety and security of the 

exchange visitor exchange visitors 

(some of whom are vulnerable minors) 

and will support interagency national 

security efforts by ensuring that 

reputable individuals have access to 

SEVIS. The increased costs, as 

explained in the preamble above, will 

involve the cost of criminal background 

checks for personnel assigned to each of 

the sponsors, which we estimate to be 

less than $10 per person, for an average 


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of three to six Responsible Officers and 

Alternate Responsible Officers per 

sponsor, as well as costs associated with 

performing a management review. The 

management reviews will be conducted 

by sponsors in each category on a 

rolling basis, starting with sponsors in 

the secondary school student category. 

The Department intends the cost of the 

review to be around $10,000 per 

sponsor per review period. 

The general provisions section 

(Subpart A) has not been amended since 

March 19, 1993. Exchange programs 

conducted under the authorities of the 

Exchange Visitor Program promote 

mutual understanding by providing 

exchange visitors an understanding of 

and an appreciation for the similarities 

and differences between their own 

culture and that of the United States. 

Upon their return home, the exchange 

visitors enrich their communities with 

their fresh perspectives of U.S. culture 

and events. Although this is an 

intangible benefit, one that is not easily 

quantified, the Department finds that 

the benefits of this rulemaking outweigh 

its costs. The Department has reviewed 

this rulemaking in light of Executive 

Order 13563, and finds that it is 

consistent with the guidance therein. 

Executive Order 12988 

The Department of State has reviewed 

this final rule in light of sections 3(a) 

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

eliminate ambiguity, minimize 

litigation, establish clear legal 

standards, and reduce burden. 

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 section 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 final rule 

are pursuant to the Paperwork 

Reduction Act, 44 U.S.C. Chapter 35 

and OMB Control Number 1405–0147, 

Form DS–7000, which requires 

collection of additional information for 

the Exchange Visitor Program. (See 78 

F.R. 38429, June 26, 2013). 

List of Subjects in 22 CFR Part 62 

Cultural exchange programs, 

Reporting and recordkeeping 

requirements. 

Accordingly, 22 CFR Part 62 is 

amended as follows: 

PART 62—EXCHANGE VISITOR 

PROGRAM 

■ 1. The authority citation for Part 62 is 

revised to read as follows: 

Authority: 22 U.S.C. 2651a; 8 U.S.C. 

1101(a)(15)(J), 1182, 1184, 1258; 22 U.S.C. 

1431 et seq.; 22 U.S.C. 2451 et seq.; P.L. 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; P.L. 104– 

208, Div. C, 110 Stat. 3009–546, as amended; 

P.L. 107–56, sec. 416, 115 Stat. 354; and P.L. 

107–173, 116 Stat. 543. 

Subpart A—General Provisions 

■ 2. Sections 62.1 through 62.16 are 

revised to read as follows: 

Sec. 

62.1 Purpose. 

62.2 Definitions. 

62.3 Sponsor eligibility. 

62.4 Categories of participant eligibility. 

62.5 Designation application procedure. 

62.6 Designation. 

62.7 Redesignation. 

62.8 General program requirements. 

62.9 General obligations of sponsors. 

62.10 Program administration. 

62.11 Duties of Responsible Officers and 

Alternate Responsible Officers. 

62.12 Control of Forms DS–2019. 

62.13 Notification requirements. 

62.14 Insurance. 

62.15 Reporting requirements. 

62.16 Employment. 

§ 62.1 Purpose. 

(a) The regulations set forth in this 

part implement the Mutual Educational 

and Cultural Exchange Act of 1961 (the 

‘‘Act’’), as amended, Public Law 87–256, 

22 U.S.C. 2451, et seq. (1988). The 

purpose of the Act is to increase mutual 

understanding between the people of 

the United States and the people of 

other countries by means of educational 

and cultural exchanges. Educational and 

cultural exchanges assist the 

Department of State in furthering the 

foreign policy objectives of the United 

States. These exchanges are defined by 

section 102 of the Act, 22 U.S.C. 2452, 

and section 101(a)(15)(J) of the 

Immigration and Nationality Act, as 

amended, 8 U.S.C. 1101(a)(15)(J). 

(b) The Secretary of State of the 

Department of State facilitates activities 

specified in the Act, in part, by 

designating public and private entities 

to act as sponsors of the Exchange 

Visitor Program. Sponsors may act 

independently or with the assistance of 

third parties. The purpose of the 

Program is to provide foreign nationals 

with opportunities to participate in 

educational and cultural programs in 

the United States and return home to 

share their experiences, and to 

encourage Americans to participate in 

educational and cultural programs in 

other countries. Exchange visitors enter 

the United States on a J visa. The 

regulations set forth in this subpart are 

applicable to all sponsors. 

(c) The Assistant Secretary for 

Educational and Cultural Affairs of the 

Department of State may, in his or her 

sole discretion and to the extent 

consistent with the authorities 

described in paragraph (a) of this 

section and other applicable law, waive 

or modify any provision of this Part 

with respect to programs that are 

established pursuant to memoranda of 

understanding, letters of intent or 

similar arrangements between the 

United States and foreign governments. 

When establishing such a program, the 

Department will publish a notice in the 

Federal Register describing the program 

and any resulting modifications to or 

waivers of provisions of this Part. If 

such an arrangement will not result in 

a waiver of or other modification to the 

provisions of this Part, then the 

Department need not publish a notice. 

§ 62.2 Definitions. 

The following definitions apply to 

this part: 

Academic institution. Any publicly or 

privately operated primary, secondary, 

or post-secondary institution in the 

United States or abroad that offers 

primarily academic programs. For the 

purpose of these regulations, an 

institution that offers primarily 

vocational or technical programs is not 

an academic institution unless the 

specific program or programs in which 

the exchange visitor is to participate or 

has participated has been determined by 

the U.S. Department of State on an 

exceptional basis to be comparable to 

those offered in academic institutions. 

Accompanying spouse and 

dependents. The alien spouse and/or 

minor unmarried child(ren), if any, 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 non-immigrant J–2 visas 

or seek to acquire or have acquired such 

status after admission. For the purpose 

of these regulations, a minor is a person 

under the age of 21 years old. 


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Accredited academic institution. Any 

academic institution that is duly 

accredited by the appropriate academic 

accrediting authority of the U.S. 

jurisdiction in which such institution is 

located. In addition, all post-secondary 

institutions also must be accredited by 

a nationally recognized accrediting 

agency or association as recognized by 

the Secretary of Education. 

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 and accompanying 

spouse and dependents reside while 

participating in an exchange program. 

Alternate Responsible Officer. An 

employee or officer of a 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 Alternate 

Responsible Officer must be a United 

States person. 

Certificate of Good Standing. A 

document issued by a state Secretary of 

State, Secretary of Commonwealth, or 

other official in the state where the 

business entity is registered. 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. 

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 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. Either the country 

of which the exchange visitor is a 

national at the time status as an 

exchange visitor is 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 

mutual understanding of each other’s 

society, culture, and institutions. 

Department of State. The U.S. 

Department of State. 

Designation. The written 

authorization issued by the Department 

of State to an exchange visitor program 

applicant to conduct an exchange visitor 

program as a sponsor. The term includes 

the written authorization issued to a 

current sponsor that applies to continue 

its designation (i.e., redesignation). 

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 has been selected by a sponsor to 

participate in an exchange visitor 

program, and who is seeking to enter or 

has entered the United States 

temporarily on a non-immigrant J–1 visa 

or who has obtained J status in the 

United States based on a Form DS–2019 

issued by the sponsor. 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. 

Form DS–2019, A Certificate of 

Eligibility for Exchange Visitor (JNonimmigrant) Status. A controlled 

document of the Department of State 

that a sponsor issues to a potential 

Exchange Visitor Program participant 

(J–1) and his or her accompanying 

spouse and dependents (J–2) as 

permitted by regulations. This form, 

together with other necessary 

Department of State documents, permits 

the named foreign national, if required, 

to schedule an interview at a U.S. 

embassy or consulate to seek to obtain 

a J visa to enter the United States as an 

Exchange Visitor Program participant or 

as an accompanying spouse and 

dependent. 

Form DS–3036, Exchange Visitor 

Program Application. A controlled 

document of the Department of State 

that an organization uses to apply to 

become a designated sponsor of the 

Exchange Visitor Program and that a 

designated sponsor uses to request 

redesignation or amendment of an 

existing exchange visitor program. 

Form DS–3037, Update of Information 

on a Sponsor’s Exchange Visitor 

Program. A controlled document of the 

Department of State that a sponsor uses 

to update information on its exchange 

visitor programs in SEVIS. 

Form DS–3097, Annual Report. A 

controlled document of the Department 

of State in which a sponsor reports 

program activity and evaluation on a 

yearly basis. 

Form DS–7002, Training/Internship 

Placement Plan (T/IPP). A controlled 

document of the Department of State 

used in connection only with a Trainee 

or Intern under 22 CFR § 62.22, or a 

Student Intern under § 62.23 

respectively, to outline an exchange 

visitor’s program activities. 

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 is located; and 

(2) College and university students 

must register for and complete a full 

course of study, as defined by the 

accredited academic institution in 

which the student is registered, unless 

exempted in accordance with § 62.23(e). 

Graduate medical education or 

training. Participation in a program in 

which a foreign medical school 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, and any accompanying 

spouse and dependents, who are within 

the purview of section 212(e) of the 

Immigration and Nationality Act, as 

amended, or Public Law 94–484 

(substantially quoted in 22 CFR 41.63), 

must reside and be physically present in 


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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 K visa as the 

fiance ́(e) of a U.S. citizen, a nonimmigrant H visa as a temporary worker 

or trainee, or a non-immigrant L visa as 

an intracompany transferee, or a nonimmigrant H or L visa as the spouse or 

minor child of a person who has been 

granted status in H or L non-immigrant 

classification as a temporary worker or 

trainee or an intracompany transferee. 

Host organization. A third party in the 

United States that conducts training 

and/or 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 for 

an Intern as set forth in an 

individualized Training/Internship 

Placement Plan (Form DS–7002) 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 spouse and 

dependents, if qualified under § 214b of 

the Immigration and Nationality Act, as 

amended. 

Management review. A programspecific management audit in a format 

approved by the Department of State 

that is conducted by an independent 

auditor who is not an employee or third 

party contractor of the sponsor, to 

identify weaknesses in operating 

procedures in the conduct of an 

organization’s business and in meeting 

regulatory requirements in the 

administration of a sponsor’s exchange 

visitor program. 

Office of Designation. The Department 

of State, Bureau of Educational and 

Cultural Affairs office assigned to 

administer designations of sponsors. 

Office of Exchange Coordination and 

Compliance. The Department of State, 

Bureau of Educational and Cultural 

Affairs office assigned to oversee 

sponsor compliance with 22 CFR Part 

62 and, as appropriate, impose 

sanctions. 

Office of Private Sector Exchange 

Administration. The Department of 

State, Bureau of Educational and 

Cultural Affairs office assigned to 

monitor administration of each 

sponsor’s 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 or U.S. national 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. An employee or 

officer of a sponsor who has been 

nominated by the sponsor, and 

approved by the Department of State, to 

carry out the duties outlined in § 62.11. 

A Responsible Officer 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 visas), exchange visitors (J 

visas), and their spouses and 

dependents (F–2, M–2, and J–2 visas). 

SEVIS enables schools and program 

sponsors to transmit information and 

event notifications electronically, 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. 

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 for a post-secondary 

student intern as set forth in an 

individualized Training/Internship 

Placement Plan (Form DS–7002) that 

partially or fully fulfills a student’s postsecondary academic degree 

requirements; recognizes the need for 

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

methodologies, and technologies; and 

enhances the 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 a sponsor in 

the conduct of the sponsor’s exchange 

visitor program. All entities that act on 

behalf of the sponsor in the conduct of 

the sponsor’s exchange visitor program 

must execute written agreements with 

the sponsor that outline the full 

relationship between the entity and the 

sponsor on all matters involving the 

administration of the exchange visitor 

program. A sponsor’s use of a third 

party does not relieve the sponsor of its 

obligations to comply, and to ensure 

third party compliance, with the 

provisions of this Part. Failure by any 

third party to comply with the 

regulations set forth in this Part or with 

any additional terms and conditions 

governing administration of the 

Exchange Visitor Program that the 

Department of State may from time to 

time impose will be imputed to the 

sponsor. Sponsors are required to 

ensure that third parties know and 

comply with all applicable provisions of 

these regulations. 

Training program. A structured and 

guided work-based learning program for 

a trainee as set forth in an 

individualized Training/Internship 

Placement Plan (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. 

United States person (individual). A 

person who is born within or is a 

national of the United States or any of 

its territories or outlying possessions. A 

U.S. person is a citizen or an individual 

who 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). 

United States Person (legal entity). 

(1) A general or limited partnership 

created or organized under the laws of 

the United States, or of any state, the 


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District of Columbia, or any territory or 

outlying possession of the United States, 

of which a majority of the partners are 

United States persons: 

(i) Which has its principal place of 

business in the United States; and 

(ii) In instances where the partnership 

is additionally governed by a Board, the 

majority of whose officers are United 

States persons. 

(2) A for-profit corporation, 

association, or other legal entity created 

or organized under the laws of the 

United States, or of any state, the 

District of Columbia, or a territory or 

outlying possession of the United States, 

whose principal place of business is 

located in the United States, and 

(i) Whose shares or voting interests 

are publicly traded on a U.S. stock 

exchange; or 

(ii) A majority of whose officers, a 

majority of whose shareholders, and a 

majority of whose members of its Board 

of Directors are United States persons 

and collectively hold a majority of the 

shares or stock (i.e., the de jure 

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 

possession of the United States; and 

(i) Whose principal place of business 

is located in the United States; and 

(ii) A majority of whose officers and 

a majority of whose members of its 

Board of Directors, Board of Trustees or 

other like body vested with its 

management are United States persons; 

or 

(4) An accredited college, university, 

or other post-secondary academic 

institution in the United States created 

or organized under the laws of the 

United States, or of any state, county, 

municipality, or other political 

subdivision thereof, the District of 

Columbia, or of any territory or outlying 

possession of the United States; or 

(5) An agency of the United States, or 

of any state or local government, the 

District of Columbia, or any territory or 

outlying possession of the United States. 

Validation. The process by which a 

Responsible Officer or Alternate 

Responsible Officer updates the SEVIS 

record of an exchange visitor to show he 

or she has entered the United States, 

and that the exchange visitor reported to 

his or her sponsor and is participating 

in the exchange visitor program at the 

site of activity identified on his or her 

Form DS–2019. 

§ 62.3 Sponsor eligibility. 

(a) The following types of entities are 

eligible to apply for designation as a 

sponsor of an exchange visitor program: 

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

government agencies to include the 

District of Columbia; and government 

agencies of any U.S. territories and 

outlying possessions; 

(2) International agencies or 

organizations of which the United States 

is a member and that have an office in 

the United States; or 

(3) Reputable organizations that are 

United States Persons. 

(b) To be eligible for designation as a 

sponsor, an entity is required to: 

(1) Demonstrate, to the Department of 

State’s satisfaction, its ability to comply 

and remain in continual compliance 

with all applicable provisions of this 

part; 

(2) Meet at all times its financial 

obligations and responsibilities 

attendant to successful sponsorship of 

its exchange visitor program; and 

(3) Demonstrate that the organization 

or its proposed Responsible Officer has 

no fewer than three years’ experience in 

international exchange. 

§ 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 or university student is to be 

enrolled upon completion of the 

language training; or 

(4) Engaged full-time in a student 

internship program conducted by a 

post-secondary accredited academic 

institution. 

(b) Short-term scholar. A foreign 

national who is a professor, research 

scholar, or person with similar 

education or accomplishments who 

enters the United States for 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 (in an 

occupational category for which a 

sponsor has obtained designation) who 

has either: 

(1) A degree or professional certificate 

from a foreign ministerially-recognized 

post-secondary academic institution and 

at least one year of prior related work 

experience in his or her occupational 

field acquired outside the United States; 

or 

(2) Five years of work experience in 

his or her occupational field acquired 

outside the United States. 

(d) Teacher. A foreign national with 

the equivalent of a U.S. Bachelor’s 

degree in either education or the subject 

matter (or related subjects) he or she 

intends to teach and a minimum of the 

equivalent of two years of post-degree 

full-time teaching experience, who is 

employed as a teacher at the time of 

application for the program, 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 

also may conduct research where 

authorized 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 also 

may teach or lecture where authorized 

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 


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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 comes 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 

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 the 

purpose of residing with an American 

host family and participating 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, who at 

the time of application is enrolled in 

and actively pursuing a degree or a fulltime course of study at a foreign 

ministerially-recognized post-secondary 

academic institution and whose purpose 

is work and travel in the United States 

for up to four months during his or her 

break between academic years. 

(7) Intern. A foreign national 

participating in a structured and guided 

work-based internship program in his or 

her specific academic field and who 

either: 

(i) Is currently enrolled full-time in 

and actively pursuing studies at a 

foreign ministerially-recognized degreeor certificate-granting post-secondary 

academic institution outside the United 

States, or 

(ii) Graduated from such an 

institution no more than 12 months 

prior to the exchange visitor program 

begin date reflected on Form DS–2019. 

§ 62.5 Designation application procedure. 

(a) An entity meeting the eligibility 

requirements set forth in § 62.3 may 

apply to the Department of State for 

designation as an Exchange Visitor 

Program sponsor. An applicant must 

first complete and submit Form DS– 

3036 in SEVIS. The complete 

application must consist of: 

(1) A completed copy of Form DS– 

3036 signed by the applicant’s Chief 

Executive Officer, President, or other 

executive with legal authority to make 

commitments on behalf of the sponsor 

(as identified in the organization’s 

governing documents); 

(2) Required supporting 

documentation and certifications as set 

forth in paragraph (c); and 

(3) Confirmation of payment of the 

required non-refundable application fee 

through pay.gov as set forth in § 62.17. 

(b) A complete application must set 

forth, in detail, the applicant’s proposed 

exchange program activity and must 

demonstrate, to the Department of 

State’s satisfaction, the applicant’s 

ability to comply and remain in 

continual compliance with all the 

provisions of this part, and, in 

particular, to meet the sponsor 

eligibility requirements set forth in 

§ 62.3 and the general obligations of 

sponsors set forth in § 62.9. 

(c) An application must be 

accompanied by the following 

supporting documentation and 

certifications, as relevant: 

(1) Evidence of sponsor eligibility as 

set forth in § 62.3(a), including evidence 

of legal status (e.g., charter, proof of 

incorporation, by laws, partnership 

agreement); 

(2) Evidence of experience in 

operating a successful business, 

including a minimum of three years of 

experience in international exchange by 

the organization or by the proposed 

Responsible Officer; 

(3) Evidence of the applicant’s ability 

to meet at all times its financial 

obligations and responsibilities 

attendant to successful sponsorship of 

its exchange visitor program, and 

evidence that it can comply with 

§ 62.9(e) and provide any supplemental 

or explanatory financial information the 

Department of State may request. In 

addition: 

(i) An established entity must present 

a current audit report with audit notes 

prepared by an independent certified 

public accounting firm. 

(ii) A newly formed entity must 

present a compilation (i.e., 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 

entity has been capitalized with 

sufficient funds to cover general 

operating expenses and costs associated 

with an exchange program. 

(4) A current Certificate of Good 

Standing (see § 62.2); 

(5) An Employer Identification 

Number (EIN), which specifies the date 

of issuance; 

(6) Evidence of current accreditation 

if the applicant is a secondary or postsecondary academic institution; 

(7) Evidence of current licensure, if 

required by local, state, or federal law, 

to carry out the activity for which the 

applicant is seeking designation; 

(8) A statement signed by the Chief 

Executive Officer, President, or other 

executive with legal authority to make 

commitments on behalf of the sponsor 

(as identified in the organization’s 

governing documents), certifying that: 

(i) The applicant is a United States 

Person as defined in § 62.2; 

(ii) The proposed Responsible Officer 

and all proposed Alternate Responsible 

Officers are United States citizens or 

lawful permanent residents of the 

United States; 

(iii) The sponsor has completed a 

criminal background check on the 

potential Responsible Officer and all 

Alternate Responsible Officers, and has 

determined their suitability for these 

positions; the criminal background 

checks must be no older than four years 

at any time for re-designated sponsors 

and must be newly conducted as part of 

the designation application for new 

sponsors and the redesignation 

application for sponsors designated for 

only one year; and 

(iv) The Responsible Officer will be 

provided sufficient staff and resources 

to fulfill his or her duties and 

obligations on behalf of the applicant; 

(9) A completed SEVIS-generated 

Citizenship Certification for the 

proposed Responsible Officer and all 

proposed Alternate Responsible 

Officer(s) along with evidence that they 

are citizens of the United States or 

lawful permanent residents (e.g., copy 

of passport, birth certificate, green card); 

and 

(10) Such additional information or 

documentation that the Department of 

State may deem necessary to evaluate 

the application. In addition, the 

Department may decide, in its 


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discretion, to conduct a pre-designation 

site visit of a first-time applicant. 

§ 62.6 Designation. 

(a) Upon its favorable determination 

that an applicant meets all statutory and 

regulatory requirements, the Department 

of State may, in its sole discretion, 

designate the applicant as an Exchange 

Visitor Program sponsor. 

(b) Initial designations are effective 

for one or two years at the sole 

discretion of the Department of State. 

(c) Designation will confer upon a 

sponsor the authority to engage in one 

or more activities specified in § 62.4. A 

sponsor may engage only in the activity 

or activities specifically authorized in 

its written letter of designation. 

(d) The Department of State may, in 

its sole discretion, require a sponsor to 

secure a payment bond in favor of the 

Department of State guaranteeing the 

sponsor’s obligations hereunder. 

(e) Designations are not transferable or 

assignable. 

§ 62.7 Redesignation. 

(a) Sponsors must file for 

redesignation no more than six months 

and no fewer than three months before 

the designation expiration date as set 

forth in the sponsor’s letter of 

designation or its most recent letter of 

redesignation. 

(b) A sponsor seeking redesignation as 

an Exchange Visitor Program sponsor 

must first complete and submit Form 

DS–3036 in SEVIS. The complete 

application must consist of: 

(1) A completed copy of Form DS– 

3036, signed by the sponsor’s Chief 

Financial Officer, President or other 

executive with legal authority to make 

commitments on behalf of the sponsor 

(as identified in the organization’s 

governing documents); 

(2) Required supporting 

documentation and certifications as set 

forth in paragraph (c); and 

(3) Confirmation of payment of the 

required non-refundable application fee 

through pay.gov as set forth in § 62.17. 

(c) The complete application must 

include the following supporting 

documentation and certifications: 

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

financial statements; 

(2) A copy of the most recent letter of 

accreditation if the sponsor is a 

secondary or post-secondary academic 

institution; 

(3) A list of the names, addresses and 

citizenship or legal permanent resident 

status of the current members of its 

Board of Directors or the Board of 

Trustees or other like body, vested with 

the management of the organization or 

partnership, and/or the percentage of 

stocks/shares held, as applicable; 

(4) For a non-profit organization, a 

signed copy of the sponsor’s most recent 

Form 990 filed with the Internal 

Revenue Service; 

(5) A statement signed by the Chief 

Executive Officer, President, or other 

executive with legal authority to make 

commitments on behalf of the sponsor 

(as identified in the organization’s 

governing documents) certifying that the 

sponsor has completed timely criminal 

background checks since the date of the 

last designation or redesignation letter 

on the Responsible Officer and all 

Alternate Responsible Officers and has 

determined their suitability for these 

positions; and 

(6) Such additional information or 

documentation that the Department of 

State may deem necessary to evaluate 

the application. 

(d) Upon its favorable determination 

that a sponsor meets all statutory and 

regulatory requirements, the Department 

of State may, in its sole discretion, 

redesignate the organization as an 

Exchange Visitor Program sponsor for 

one or two years. A sponsor seeking redesignation may continue to operate its 

program(s) until such time as the 

Department of State notifies it of a 

decision to approve, amend or terminate 

its designation. 

§ 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 year), as 

stated in its letter of designation or 

redesignation. The Department of State 

may, in its sole discretion, 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, sponsors 

must make a good faith effort to develop 

and implement, to the fullest extent 

possible, reciprocal exchanges of 

persons. 

(d) Cross-cultural activities. In 

addition to category specific 

requirements, sponsors must: 

(1) Offer or make available to 

exchange visitors and the accompanying 

spouses and dependents, if any, a 

variety of appropriate cross-cultural 

activities. The extent and type of the 

cross-cultural activities will be 

determined by the needs and interests of 

the particular category of exchange 

visitor. Sponsors will be responsible for 

determining the appropriate types and 

numbers of such cross-cultural 

programs, unless otherwise specified by 

the Department. The Department of 

State encourages sponsors to give their 

exchange visitors the broadest exposure 

to American society, culture and 

institutions; and 

(2) Encourage exchange visitors to 

participate voluntarily in activities that 

are for the purpose of sharing the 

language, culture, or history of their 

home country with Americans, 

provided such activities do not delay 

the completion of the exchange visitors’ 

program. 

§ 62.9 General obligations of sponsors. 

(a) Adherence to Department of State 

regulations. Sponsors are required to 

adhere to all regulations set forth in this 

part. 

(b) Legal status. A sponsor must 

maintain the legal status it had when it 

was designated. A sponsor’s change in 

legal status (e.g., from partnership to 

corporation, non-profit 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. 

Sponsors must: 

(1) Provide accurate, complete, and 

timely information, to the extent 

lawfully permitted, to the Department of 

State and the Department of Homeland 

Security regarding their exchange visitor 

program(s), exchange visitors, and 

accompanying spouses and dependents 

(if any); 

(2) Provide accurate information to 

the public when advertising their 

exchange visitor program(s) or 

responding to public inquiries; 

(3) Provide accurate program 

information and materials to 

prospective exchange visitors, host 

organizations, and host employers, if 

applicable, at the time of recruitment 

and before exchange visitors enter into 

agreements and/or pay non-refundable 

fees. This information must clearly 

explain program activities and terms 

and conditions of program, including 

the terms and conditions of any 

employment activities (job duties, 

number of work hours, wages and 

compensation, and any typical 

deductions for housing and 


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transportation), have itemized list of all 

fees charged to the exchange visitor (i.e., 

fees paid to the sponsor or a third party, 

including the host employer), insurance 

costs, other typical costs, conditions, 

and restrictions of the exchange visitor 

program(s), and the type, duration, 

nature and importance of the cultural 

components of the program. Program 

recruitment information and materials 

also must make clear to prospective 

exchange visitors in the exchange 

categories with a work component that 

their stipend or wages might not cover 

all of their expenses and that they 

should bring additional personal funds. 

(4) Not use the program number(s) 

assigned by the Department of State at 

the time of designation on any 

advertising materials or publications, 

including sponsor Web sites; and 

(5) Not represent that its exchange 

visitor program is endorsed, sponsored, 

or supported by the Department of State 

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

Government sponsors or exchange 

visitor programs financed directly by 

the U.S. Government to promote 

international educational exchanges. A 

sponsor may, however, represent that it 

is designated by the Department of State 

as a sponsor of an exchange visitor 

program. 

(e) Financial responsibility. (1) 

Sponsors must maintain the financial 

capability to meet at all times their 

financial obligations and 

responsibilities attendant to successful 

sponsorship of their exchange visitor 

program. 

(2) The Department of State may 

require non-government sponsors to 

provide evidence satisfactory to the 

Department of State that funds 

necessary to fulfill all obligations and 

responsibilities attendant to 

sponsorship of their exchange visitor 

programs are readily available and in 

the sponsor’s control, including such 

supplementary or explanatory financial 

information as the Department of State 

may deem appropriate, such as, for 

example, audited financial statements. 

(3) The Department of State may 

require a non-government sponsor to 

secure payment bonds in favor of the 

Department of State guaranteeing all 

financial obligations arising from its 

exchange visitor program when the 

Department has reasonable doubt about 

the sponsor’s ability to meet its program 

and other financial obligations. 

(f) Staffing and support services. 

Sponsors must ensure that: 

(1) Adequate staffing and sufficient 

support services are provided to 

administer their exchange visitor 

program; and 

(2) Their employees, officers, agents, 

third parties, volunteers or other 

individuals or entities associated with 

the administration of their exchange 

visitor program are adequately qualified, 

appropriately trained, and comply with 

the Exchange Visitor Program 

regulations and immigration laws 

pertaining to the administration of their 

exchange visitor program(s). 

(g) Appointment of Responsible 

Officers and Alternate Responsible 

Officers. (1) Sponsors must appoint and 

maintain a Responsible Officer and 

between one and ten Alternate 

Responsible Officers to assist the 

Responsible Officer in performing the 

duties set forth in § 62.11. Upon written 

sponsor request, the Department of State 

may, in its sole discretion, permit a 

sponsor to appoint more than ten 

Alternate Responsible Officers. A 

sponsor redesignated for two years must 

ensure that the proposed Responsible 

Officer and Alternate Responsible 

Officer(s) have undergone a criminal 

background check within the past four 

years to determine their suitability for 

these positions. Responsible Officers 

and Alternate Responsible Officers must 

be U.S. persons. 

(2) Responsible Officers and Alternate 

Responsible Officers must be employees 

or officers of the sponsor. Upon written 

sponsor request, the Department of State 

may, in its sole discretion, authorize the 

appointment of an individual who is not 

an employee or officer to serve as an 

Alternate Responsible Officer. 

(3) In the event of the departure of a 

Responsible Officer or Alternate 

Responsible Officer, the sponsor must 

file a request in SEVIS for the approval 

of a replacement and forward the 

required documentation to the 

Department of State within ten calendar 

days from the date of the Responsible 

Officer’s or Alternate Responsible 

Officer’s departure. 

(4) Requests to replace the 

Responsible Officer or add an Alternate 

Responsible Officer must be submitted 

in SEVIS, and a signed Form DS–3037 

must be either mailed or emailed to the 

Department of State with the required 

completed Citizenship Certification, 

along with certification that the 

individual has undergone a criminal 

background check conducted at the time 

of such Certification. 

(5) The Department of State reserves 

the right to deny the appointment of a 

Responsible Officer or an Alternate 

Responsible Officer. 

§ 62.10 Program administration. 

Sponsors are responsible for the 

effective administration of their 

exchange visitor program(s). These 

responsibilities include: 

(a) Selection of exchange visitors. 

Sponsors 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 determined by an objective 

measurement of English language 

proficiency, successfully to participate 

in his or her program and to function on 

a day-to-day basis. A sponsor must 

verify an applicant’s English language 

proficiency through a recognized 

English language test, by signed 

documentation from an academic 

institution or English language school, 

or through a documented interview 

conducted by the sponsor either inperson or by videoconferencing, or by 

telephone if videoconferencing is not a 

viable option. 

(b) Pre-arrival information. At the prearrival stage, sponsors must provide 

exchange visitors clear information and 

materials on, but not limited to, the 

following topics: Program activities, 

cultural goals and components of the 

program, employment information and 

terms and conditions of employment 

(including employer name and address, 

position duration, job duties, number of 

work hours, wages, other compensation 

and benefits, deductions from wages, 

including those taken for housing and 

transportation), insurance costs, and 

other conditions and restrictions of their 

exchange visitor. In addition, sponsors 

must provide clear information and 

materials on: 

(1) The purpose of the Exchange 

Visitor Program; 

(2) The home-country physical 

presence requirement; 

(3) Travel to and entry into the United 

States (e.g., procedures to be followed 

by exchange visitors and accompanying 

spouses and dependents in paying 

SEVIS fees and obtaining visas for entry 

to the United States, including the 

information and documentation needed 

for the interview; travel arrangements to 

the United States, and what to expect at 

the port of entry, including the necessity 

of having and presenting travel 

documents at the port of entry); 

(4) Housing, including specific 

information on what housing is 

provided by the program or otherwise 

available and the expected cost to the 

exchange visitor; 

(5) An itemized list of all fees to be 

paid by a potential exchange visitor (i.e., 


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fees paid to the sponsor or a third 

party); 

(6) Description and amount of other 

costs that the exchange visitor will 

likely incur (e.g., insurance, living 

expenses, transportation expenses) 

while in the United States; 

(7) Health care and insurance 

description, costs, and requirements for 

exchange visitors and their 

accompanying spouse and dependents, 

as applicable; 

(8) Arrival notification requirements 

(e.g., procedures that exchange visitors, 

spouses and dependents are to follow 

upon entry into the United States in 

reporting their arrival to the sponsor 

and reporting to the location of their 

program); and 

(9) Other information that will assist 

exchange visitors to prepare for their 

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

when to apply for a social security 

number, if applicable; how to apply for 

a driver’s license; how to open a bank 

account; employee rights and laws, 

including workman’s compensation; 

and how to remain in lawful nonimmigrant status. 

(c) Orientation. A sponsor must offer 

and record participation in an 

appropriate orientation for all exchange 

visitors. Sponsors are encouraged to 

provide orientation for the exchange 

visitor’s accompanying spouse and 

dependents, 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 such as 

information on the length and location 

of the program; a summary of the 

significant components of the program; 

information on any payment (i.e., 

stipend or wage) an exchange visitor 

will receive; and deductions from 

wages, including for housing and 

transportation; 

(5) Sponsor rules that exchange 

visitors are required to follow while 

participating in their exchange visitor 

program; 

(6) Name and address of the sponsor 

and the name, email address, and 

telephone number of the Responsible 

Officer and Alternate Responsible 

Officer(s); 

(7) The Office of Designation’s 

address, telephone number, facsimile 

number, Web site and email address, 

and a copy of the Exchange Visitor 

Program brochure or other Department 

of State materials as appropriate or 

required; 

(8) Wilberforce Pamphlet on the 

Rights and Protections for Temporary 

Workers; and 

(9) The requirement that an exchange 

visitor must report to the sponsor or 

sponsor designee within ten calendar 

days any changes in his or her 

telephone number, email address, actual 

and current U.S. address (i.e., physical 

residence), and site of activity (if the 

exchange visitor is permitted to make 

such change without prior sponsor 

authorization). 

(d) Monitoring of exchange visitors. 

Exchange visitors’ participation in their 

exchange program must be monitored 

by employees of the sponsor. 

Monitoring activities must not include 

any retaliation or discrimination against 

exchange visitors who make adverse 

comments related to the program. No 

sponsor or employee of a sponsor may 

threaten program termination, remove 

from the program, ban from the 

program, adversely annotate an 

exchange visitor’s SEVIS record, or 

otherwise retaliate against an exchange 

visitor solely because he/she has filed a 

complaint; instituted or caused to be 

instituted any proceeding; testified or is 

about to testify; consulted with an 

advocacy organization, community 

organization, legal assistance program or 

attorney about a grievance or other 

work-related legal matter; or exercised 

or asserted on behalf of himself/herself 

any right or protection. Sponsors must: 

(1) Ensure that the activities in which 

exchange visitors are engaged are 

consistent with the category and activity 

listed on their Forms DS–2019; 

(2) Monitor the physical location (site 

of activity), and the progress and 

welfare of exchange visitors to the 

extent appropriate for the category; 

(3) Require that exchange visitors 

report to the sponsor within ten 

calendar days any changes in their 

telephone numbers, email addresses, 

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

physical residence), and site(s) of 

activity (if the exchange visitor is 

permitted to make such change without 

prior sponsor authorization); 

(4) Report in SEVIS within ten 

business days of notification by an 

exchange visitor any change in the 

exchange visitor’s actual and current 

U.S. address, telephone number, email 

address, and/or primary site of activity; 

and 

(5) Report the email address for each 

accompanying spouse and dependent. 

(e) Requests by the Department of 

State. Sponsors must, to the extent 

lawfully permitted, furnish the 

Department of State within the 

Department-requested timeframe all 

information, reports, documents, books, 

files, and other records or information 

requested by the Department of State on 

all matters related to their exchange 

visitor program. Sponsors must include 

sponsor’s program number on all 

responses. 

(f) Inquiries and investigations. 

Sponsors 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. Sponsors 

must retain all records related to their 

exchange visitor program and exchange 

visitors (to include accompanying 

spouse and dependents, if any) for a 

minimum of three years following the 

completion of each exchange visitor 

program. 

§ 62.11 Duties of Responsible Officers and 

Alternate Responsible Officers. 

Responsible Officers must train and 

supervise Alternate Responsible Officers 

and ensure that these officials are in 

compliance with the Exchange Visitor 

Program regulations. Responsible 

Officers and Alternate Responsible 

Officers must: 

(a) Be thoroughly familiar with the 

Exchange Visitor Program regulations, 

relevant immigration laws, and all 

federal and state regulations and laws 

pertaining to the administration of their 

exchange visitor program(s), including 

the Department of State’s and the 

Department of Homeland Security’s 

policies, manuals, instructions, and 

guidance on SEVIS and all other 

operations relevant to the Exchange 

Visitor Program; if Responsible Officers 

and Alternate Responsible Officers work 

with programs with an employment 

component, they also must have a 

detailed knowledge of federal, state, and 

local laws pertaining to employment, 

including the Fair Labor Standards Act; 

(b) Monitor that the exchange visitor 

obtains sufficient advice and assistance 

to facilitate the successful completion of 

his or her exchange visitor program; 

(c) Conduct all official 

communications relating to their 

sponsor’s exchange visitor program with 

the Department of State and the 

Department of Homeland Security. A 

sponsor must include its exchange 

visitor program number on all 


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correspondence submitted to the 

Department of State and to the 

Department of Homeland Security; 

(d) Monitor to ensure that that 

sponsor spam filters do not block 

receipt of SEVIS or Department of State 

and Department of Homeland Security 

notices; and 

(e) Control and issue Forms DS–2019 

as set forth in § 62.12. 

§ 62.12 Control of Forms DS–2019. 

(a) Issuance of Forms DS–2019. 

Sponsors must: 

(1) Grant access only to Responsible 

Officers and Alternate Responsible 

Officers and ensure that they have 

access to and use SEVIS to update 

required information; 

(2) Ensure that Responsible Officers 

and Alternate Responsible Officers 

input into SEVIS accurate, current, and 

updated information in accordance with 

these regulations; and 

(3) Issue Forms DS–2019 only for the 

following 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 and 

authorized by the Department of State; 

(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 into the 

United States 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 requested in SEVIS and 

authorized 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, a 

change in the primary site of activity or 

a change in 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, sponsors must verify 

that each prospective exchange visitor: 

(i) Is eligible and qualified for, and 

accepted into, the program in which he 

or she will participate; 

(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) Sponsors must ensure that: 

(i) Only Responsible Officers or 

Alternate Responsible Officers who are 

physically present in the United States 

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

Forms DS–2019; and 

(ii) Only the Responsible Officer or 

the Alternate Responsible Officer, 

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. 

(c) Distribution of Forms DS–2019. 

Sponsors 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, or third 

parties in the administration of its 

exchange visitor program. 

(d) Allotment requests. (1) Annual 

Form DS–2019 allotment. Sponsors 

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 their letter of designation or 

redesignation. Sponsors should allow 

up to four weeks for the processing of 

allotment requests. The Department of 

State 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, noted programmatic 

successes, current financial information, 

additional overseas affiliates, additional 

third party entities, explanations of how 

the sponsor will accommodate the 

anticipated program growth, and any 

other information requested by the 

Department. 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 Responsible Officer and/or 

Alternate Responsible Officer prior to 

determining the number of Forms DS– 

2019 to issue to a sponsor. 

(e) Safeguards and controls. (1) 

Responsible Officers and Alternate 

Responsible Officers must secure their 

SEVIS logon Identification Numbers 

(IDs) and passwords at all times (i.e., not 

share IDs and passwords with any other 

person or permit access to and use of 

SEVIS by any other person). 

(2) Sponsors, their 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, sponsors must forward 

such copies and/or PDFs to the 

Department of State or the Department 

of Homeland Security upon request. 

(3) Sponsors must use the reprint 

function in SEVIS in the event the 

exchange visitor’s Form DS–2019 has 

been lost or stolen. 

(4) Sponsors must destroy any 

damaged and/or 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). 

§ 62.13 Notification requirements. 

(a) Valid program status of exchange 

visitor. Sponsors must notify the 

Department of State via SEVIS of the 

following: 

(1) Validation of program 

participation. Sponsors must promptly 

validate an exchange visitor’s 

participation in their program. This will 

change the status of the exchange 

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

‘‘Active.’’ SEVIS records with program 

durations (e.g., the period between the 

‘‘Program Begin Date’’ and ‘‘Program 

End Date’’) of 30 days or more must be 

validated within 30 days following the 

‘‘Program Begin Date’’ identified in 

SEVIS. SEVIS records with program 

durations that are less than 30 days 

must be validated prior to the ‘‘Program 

End Date’’ reflected in SEVIS. As part of 

the validation process, sponsors may 

amend the program begin date and must 

update the SEVIS record to reflect the 

actual and current U.S. address and site 

of activity in SEVIS. The status of SEVIS 

records that are not validated according 

to this schedule will automatically 

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

Accompanying spouses and 

dependents’ SEVIS records are 

automatically validated upon validation 

of the exchange visitors’ SEVIS records. 

(2) Failure of an exchange visitor to 

begin program. Sponsors must report in 

SEVIS, no later than 30 calendar days 

after the ‘‘Program Begin Date’’ listed in 

SEVIS, the failure of an exchange visitor 

to report to his or her sponsor upon 

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

exchange visitor to begin an exchange 

visitor program as scheduled). This will 

change the status of the exchange 


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

‘‘No Show.’’ 

(3) End of an exchange visitor’s 

program. Sponsors must report in SEVIS 

any withdrawal from or early 

completion of an exchange visitor’s 

program that occurs prior to the 

‘‘Program End Date’’ listed in SEVIS on 

the exchange visitor’s Form DS–2019. 

Sponsors must not alter the ‘‘Program 

End Date’’ field, but should enter the 

date of program completion in the 

‘‘Effective Date of Completion’’ field. 

This will change the status of the 

exchange visitor’s SEVIS record from 

‘‘Active’’ to ‘‘Inactive.’’ Such 

notification in SEVIS ends a sponsor’s 

programmatic obligations to the 

exchange visitor and/or his or her 

accompanying spouse and dependents. 

(4) Accompanying spouse and 

dependent records. Sponsors must 

report in SEVIS if accompanying 

spouses and/or dependents depart from 

the United States prior to the exchange 

visitors’ departure dates. 

(5) Termination of an exchange 

visitor’s program. Sponsors must 

promptly report in SEVIS the 

involuntary termination of an exchange 

visitor’s program. Sponsors must not 

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

should enter the date of program 

termination in the ‘‘Effective Date of 

Termination’’ field. This will change the 

status of the SEVIS record from 

‘‘Active’’ to ‘‘Terminated’’. Such 

notification in SEVIS ends a sponsor’s 

programmatic obligation to the 

exchange visitor and his or her 

accompanying spouse and dependents, 

if any, and prevents the sponsor from 

thereafter extending the exchange 

visitor’s duration of participation, 

transferring the exchange visitor to 

another program, or changing the 

exchange visitor’s category. Sponsors 

must not terminate the program of an 

exchange visitor who voluntarily ends 

his or her program. 

(b) Change of circumstance of an 

exchange visitor. Sponsors 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. Sponsors must ensure that 

the actual and current U.S. addresses of 

an exchange visitor are reported in 

SEVIS: 

(i) Sponsors must report the U.S. 

mailing address (i.e., 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); and 

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

reported to SEVIS, sponsors must also 

maintain records in SEVIS of actual and 

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

building and room number) for such 

exchange visitors. 

(2) Change in site of activity. Sponsors 

must report in SEVIS any change to an 

exchange visitor’s site of activity by 

entering the new site within ten 

business days of notification of such a 

change where sponsor rules or 

regulations permit such a change. 

Sponsors must promptly enter any 

change in the site of activity in those 

instances where the sponsor is 

responsible for the placement. Sponsors 

must identify the ‘‘primary’’ site of 

activity of an exchange visitor if 

multiple sites of activity are reported in 

SEVIS. 

(c) Change in sponsor’s circumstance. 

Sponsors must report within ten 

business days in SEVIS or directly to the 

Department of State, if appropriate, any 

material changes to their exchange 

visitor program as follows: 

(1) Change of business and/or mailing 

address, telephone number, facsimile 

number, or email address; 

(2) Change in the composition of the 

sponsor organization that affects its 

status as a United States Person as 

defined in § 62.2, which includes a new 

Employment Identification Number 

(EIN); 

(3) Change of Responsible Officer or 

Alternate Responsible Officer; 

(4) Major change of ownership or 

control of the sponsor’s organization as 

defined in § 62.60(e); 

(5) Change of the sponsor’s principal 

place of business to a location outside 

the United States; 

(6) Change in financial circumstances 

that may render the sponsor unable to 

comply with its obligations as set forth 

in § 62.9(e); 

(7) Loss of licensure or accreditation; 

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

which case a sponsor must notify the 

Department of State promptly by 

telephone or email of the SEVIS 

identification numbers of such Forms 

DS–2019 that have been lost or stolen; 

(9) A decision by the sponsor to 

voluntarily cancel (withdraw) its 

exchange visitor program designation; 

or 

(10) Any other material facts or events 

that may have an impact on the 

sponsor’s ability to properly administer 

or conduct its exchange visitor program. 

(d) Serious problem or controversy. 

Sponsors must inform the Department 

of State on or before the next business 

day by telephone (confirmed promptly 

in writing by facsimile or email) of any 

investigations of an exchange visitor’s 

site of activity or serious problem or 

controversy that could be expected to 

bring the Department of State, the 

Exchange Visitor Program, or the 

sponsor’s exchange visitor program into 

notoriety or disrepute, including any 

potential litigation related to a sponsor’s 

exchange visitor program, in which the 

sponsor or an exchange visitor may be 

a named party. 

§ 62.14 Insurance. 

(a) Sponsors must require that all 

exchange visitors have insurance in 

effect that covers the exchange visitors 

for sickness or accidents during the 

period of time that they participate in 

the sponsor’s exchange visitor program. 

In addition, sponsors must require that 

accompanying spouses and dependents 

of exchange visitors have insurance for 

sickness and accidents. Sponsors must 

inform all exchange visitors that they, 

and any accompanying spouse and 

dependent(s), also may be subject to the 

requirements of the Affordable Care Act. 

(b) The period of required coverage is 

the actual duration of the exchange 

visitor’s participation in the sponsor’s 

exchange visitor program as recorded in 

SEVIS in the ‘‘Program Begin Date,’’ and 

as applicable, the ‘‘Program End Date,’’ 

‘‘Effective Program End Date,’’ or 

‘‘Effective Date of Termination’’ fields. 

Sponsors are not authorized to charge 

fees to their sponsored exchange visitors 

for the provision of insurance coverage 

beyond any demonstrable and justifiable 

staff time. Sponsors are not required to, 

but may, offer supplemental ‘‘entry to 

exit’’ coverage (i.e., coverage from the 

time the exchange visitor departs his or 

her home country until he or she 

returns). If the sponsor provides health 

insurance, or arranges for health 

insurance to be offered the exchange 

visitor, via payroll deduction at the host 

organization, the exchange visitor must 

voluntarily authorize this action in 

writing and also be given the 

opportunity to make other arrangements 

to obtain insurance. These 

authorizations must be kept on file by 

the sponsor. Minimum coverage must 

provide: 

(1) Medical benefits of at least 

$100,000 per accident or illness; 

(2) Repatriation of remains in the 

amount of $25,000; 

(3) Expenses associated with the 

medical evacuation of exchange visitors 

to his or her home country in the 

amount of $50,000; and 

(4) Deductibles not to exceed $500 per 

accident or illness. 

(c) Insurance policies secured to 

fulfill the requirements of this section: 

(1) May require a waiting period for 

pre-existing conditions that is 

reasonable as determined by current 

industry standards; 


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(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. 

(d) Any policy, plan, or contract 

secured to fill the above requirements 

must, at a minimum, be: 

(1) Underwritten by an insurance 

corporation having an A.M. Best rating 

of ‘‘A¥’’ or above; a McGraw Hill 

Financial/Standard & Poor’s Claimspaying Ability rating of ‘‘A¥’’ or above; 

a Weiss Research, Inc. rating of ‘‘B+’’ or 

above; a Fitch Ratings, Inc. rating of 

‘‘A¥’’ or above; a Moody’s Investor 

Services rating of ‘‘A3’’ or above; or 

such other rating as the Department of 

State may from time to time specify; or 

(2) Backed by the full faith and credit 

of the government of the exchange 

visitor’s home country; or 

(3) Part of a health benefits program 

offered on a group basis to employees or 

enrolled students by a designated 

sponsor; or 

(4) Offered through or underwritten 

by a federally qualified Health 

Maintenance Organization or eligible 

Competitive Medical Plan as 

determined by the Centers for Medicare 

and Medicaid Services of the U.S. 

Department of Health and Human 

Services. 

(e) Federal, state or local government 

agencies; state colleges and universities; 

and public community colleges may, if 

permitted by law, self-insure any or all 

of the above-required insurance 

coverage. 

(f) At the request of a 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. 

(g) The Department of State may, in 

its sole discretion, condition its 

approval of self-insurance or the 

acceptance of full financial 

responsibility by the non-governmental 

sponsor by requiring such sponsor to 

secure a payment bond in favor of the 

Department of State guaranteeing the 

sponsor’s obligations hereunder. 

(h) Accompanying spouses and 

dependents are required to be covered 

by insurance in the amounts set forth in 

paragraph (b) of this section. Sponsors 

must inform exchange visitors of this 

requirement, in writing, in advance of 

the exchange visitor’s arrival in the 

United States. 

(i) Exchange visitors who willfully fail 

to maintain the insurance coverage set 

forth above while a participant in an 

exchange visitor program or who make 

material misrepresentations to the 

sponsor concerning such coverage will 

be deemed to be in violation of these 

regulations and will be subject to 

termination as an exchange visitor. 

(j) Sponsors must terminate an 

exchange visitor’s participation in their 

program if the sponsor determines that 

the exchange visitor or any 

accompanying spouse or dependent 

willfully fails to remain in compliance 

with this section. 

§ 62.15 Reporting requirements. 

(a) Sponsors must submit annual 

reports to the Department of State that 

are generated through SEVIS on Form 

DS–3097. Such reports must be filed on 

an academic, calendar, or fiscal year 

basis, as directed by the Department of 

State in the sponsor’s letter of 

designation or redesignation, and must 

contain the following: 

(1) Program report and evaluation. A 

summary of the activities in which 

exchange visitors were engaged, 

including an evaluation of program 

effectiveness, program difficulties, and 

number of staff used in the 

administration of the exchange visitor 

program; 

(2) Reciprocity. A description of the 

nature and extent of reciprocity 

occurring in the sponsor’s exchange 

visitor program during the reporting 

year; 

(3) Cross-cultural activities. A 

description of the cross-cultural 

activities the sponsor provided for its 

exchange visitors during the reporting 

year; 

(4) Proof of insurance. Certification of 

compliance with insurance coverage 

requirements set forth in § 62.14; 

(5) Certification. The following 

certification: 

‘‘I certify that the information in this 

report is complete and correct to the 

best of my knowledge and belief; and, 

that the above named program sponsor 

has complied with all health and 

accident insurance requirements for 

exchange visitors and their 

accompanying spouses and dependents 

(22 CFR 62.14).’’ 

(i) For exchange visitor programs 

classified as ‘‘Government Programs,’’ 

this certification will be signed by the 

Responsible Officer. 

(ii) For exchange visitor programs 

classified as P–1 or P–2 ‘‘Academic 

Programs’’ this certification will be 

signed by the institution’s Chief 

Executive Officer or Responsible 

Officer. 

(iii) For exchange visitor programs 

classified as P–3 and P–4 ‘‘Private 

Sector Programs,’’ this certification will 

be signed by the organization’s Chief 

Executive Officer or Responsible 

Officer. 

(6) Program participation. A 

numerical count of all exchange visitors 

participating in the sponsor’s program 

for the reporting year (i.e., by category, 

form usage, active status at one point 

during the annual cycle, and by other 

status). 

(b) Sponsors of P–3 and P–4 ‘‘Private 

Sector’’ programs must file a program 

specific management review (in a format 

and on a schedule approved by the 

Department of State). 

§ 62.16 Employment. 

(a) An exchange visitor may receive 

compensation from the sponsor or the 

sponsor’s appropriate designee, such as 

the host organization, when 

employment activities are part of the 

exchange visitor’s program. 

(b) An exchange visitor who engages 

in unauthorized employment shall be 

deemed to be in violation of his or her 

program status and is subject to 

termination as a participant in an 

exchange visitor program. 

(c) The acceptance of employment by 

the accompanying spouse and 

dependents of an exchange visitor is 

governed by Department of Homeland 

Security regulations. 

Subpart F—[Removed and Reserved] 

■ 3. Subpart F, consisting of §§ 62.70 

through 62.79, is removed and reserved. 

Appendices A, B, C and D to Part 62 

[Removed and Reserved] 

■ 4. Appendices A, B, C and D to Part 

62 are removed and reserved. 

Dated: September 25, 2014. 

Robin J. Lerner, 

Deputy Assistant Secretary for Private Sector 

Exchange, Bureau of Educational and 

Cultural Affairs. 

[FR Doc. 2014–23510 Filed 10–3–14; 8:45 am] 

BILLING CODE 4710–05–P 


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