This section of the FEDERAL REGISTER

contains regulatory documents having general

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are keyed to and codified in the Code of

Federal Regulations, which is published under

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Rules and Regulations Federal Register

4945 

Vol. 81, No. 19 

Friday, January 29, 2016 

DEPARTMENT OF STATE 

22 CFR Part 62 

[Public Notice: 9421] 

RIN 1400–AC60 

Exchange Visitor Program—Teachers 

AGENCY: U.S. Department of State. 

ACTION: Final rule. 

SUMMARY: This rule makes final the 

Department’s proposed rule published 

on May 2, 2013. The Department, with 

this rule, amends its existing regulations 

governing the Teacher category of the 

Exchange Visitor Program. This final 

rule permits program participation of 

teachers teaching full-time at accredited 

public or private primary and secondary 

schools (K–12), including prekindergarten teachers in ‘‘language 

immersion’’ programs offered as regular 

courses of study by accredited primary 

schools; requires exchange teachers to 

have two years of full-time teaching 

experience; clarifies that the duration of 

program participation by exchange 

teachers is three years, with an 

extension permitted for one or two 

additional years of participation based 

on school need and exchange teacher 

performance during the exchange; 

permits participation by otherwise 

qualified teachers who are not currently 

working, but who are returning to 

teaching after successfully pursuing an 

advanced degree beyond the equivalent 

of a U.S. bachelor’s degree; introduces a 

required cross-cultural activity 

component; requires program sponsors 

to disclose fees and costs to foreign 

teachers at the time of both recruitment 

and selection into the program; and 

implements a requirement that 

exchange teachers not be eligible for 

repeat participation unless they reside 

outside the United States for two years 

following their teacher exchange 

program. In amending the Teacher 

category regulations, the Department: 

Reforms the teacher exchange program; 

strengthens provisions designed to 

protect the health, safety, and welfare of 

exchange teachers; and reinforces the 

program’s prestige as a world-class U.S. 

public diplomacy initiative. The rule 

applies to all J-Nonimmigrant exchange 

teachers, except when the teacher’s 

program is covered by a separate 

agreement between the United States 

and the relevant foreign government as 

permitted under Department 

regulations. 

DATES: This rule is effective on February 

29, 2016. 

ADDRESSES: Persons with access to the 

Internet also may view this rule by 

going to the regulations.gov Web site at: 

http://www.regulations.gov/index.cfm. 

For further information, contact Robin J. 

Lerner, Deputy Assistant Secretary for 

Private Sector Exchange, Bureau of 

Educational and Cultural Affairs, U.S. 

Department of State, SA–5, Floor 5, 

2200 C Street NW., Washington, DC 

20522–0505; fax: (202) 632–2701; email: 

JExchanges@state.gov. 

SUPPLEMENTARY INFORMATION: The 

Exchange Visitor Program (of which the 

Teacher category is one of fifteen 

categories of program types) is 

authorized by the Mutual Educational 

and Cultural Exchange Act of 1961, as 

amended, 22 U.S.C. 2451 et seq. (also 

known as the Fulbright-Hays Act and 

hereinafter referred to as ‘‘the Act’’), and 

implemented through 22 CFR part 62 

(22 CFR 62.24 pertains to the Teacher 

category in particular). The Act’s stated 

purpose is ‘‘to increase mutual 

understanding between the people of 

the United States and the people of 

other countries by means of educational 

and cultural exchange; to strengthen the 

ties which unite us with other nations 

by demonstrating the educational and 

cultural interests, developments, and 

achievements of the people of the 

United States and other nations, and the 

contributions being made toward a 

peaceful and more fruitful life for 

people throughout the world. . . .’’ In 

the fifty years since the Act’s passage, 

millions of foreign exchange visitors, 

Americans with whom they interact, 

and friends and families of the exchange 

visitors with whom they share their 

experiences upon returning home, have 

benefited from the mutual 

understanding and peaceful relations 

that can derive from such person-toperson contact. The Teacher exchange 

program embodies and carries forward 

the stated purpose and intent of the Act 

by benefiting teachers, students, host 

schools, and surrounding communities. 

Educational and cultural exchanges 

are a cornerstone of U.S. public 

diplomacy and an integral component of 

U.S. foreign policy. The purpose of the 

Teacher category of the Exchange 

Visitor Program is to promote 

interchange of American and foreign 

teachers in public and private schools; 

enhance mutual understanding between 

the people of the United States and 

people of other countries; allow U.S. 

students who lack opportunities to 

travel abroad to have early and 

meaningful relationships with 

individuals from other cultures; provide 

visiting teachers an opportunity to 

expand their understanding of U.S. 

education, culture and society; provide 

U.S. teachers with a greater 

understanding of international teaching 

practices by their working alongside 

foreign colleagues; and create 

opportunities to develop lasting links 

between U.S. and foreign schools and 

communities. 

These regulations govern exchange 

teachers who teach full-time in 

accredited primary and secondary 

public and private schools in the United 

States (including pre-kindergarten level 

‘‘language immersion’’ programs offered 

as a regular course of study by 

accredited primary schools). Exchange 

teachers have the opportunity to 

broaden their pedagogical knowledge 

while in the United States and foster 

meaningful relationships with American 

citizens through their participation in 

U.S. schools and communities, 

returning home within a defined timeperiod to share their experiences in 

their own country’s educational system. 

It is equally important that public and 

private schools hosting foreign exchange 

teachers have the responsibility and 

intent to create a holistic cultural 

program and contemplate the overall 

experience that these teachers will take 

back to their home countries. The 

Department supports the hosting of 

exchange teachers to help U.S. students 

understand other cultures and 

comprehend global issues, as well as to 

promote study of foreign languages and 

culture. Native speakers add a vital 

dimension to foreign language 

instruction. Speaking another language 


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promotes understanding, conveys 

respect for other cultures, and 

strengthens the ability to engage foreign 

peoples and governments. 

In recent years, the Department has 

been strengthening the regulations 

throughout the Exchange Visitor 

Program to require sponsors to ensure, 

among other things, that their 

individual exchange visitor programs 

are consistent with the purpose of the 

Act. The Teacher exchange program is 

not to be used to recruit and train 

foreign teachers for permanent 

employment in the United States. The 

amended Teacher category regulations 

make clear that exchange teachers are 

expected to work on a temporary basis 

at the host school. Because the 

Exchange Visitor Program is an 

educational and cultural program, 

sponsors must ensure that an exchange 

teacher’s appointment at the host school 

is temporary, even if the teaching 

position is permanent. 

The Department requires sponsors to 

ensure that exchange teachers, 

including pre-kindergarten ‘‘language 

immersion’’ teachers, are placed only in 

accredited primary and secondary 

schools. In addition, a foreign national 

may be admitted to the United States as 

a J–1 nonimmigrant in the Teacher 

category only for the purpose of fulltime teaching as a teacher of record, not 

as a teacher’s assistant/aide, substitute 

teacher, or other non-instructional 

position, at an accredited primary or 

secondary school. 

Analysis of Comments 

The Department published a Notice of 

Proposed Rulemaking with a request for 

comment on May 2, 2013 (RIN 1400– 

AC60; see 78 FR 25669). The 

Department received 60 comments in 

response to the proposed rule. Many of 

those commenting discussed multiple 

topics. Following a review of these 

comments, the Department has decided 

to adopt the proposed rule with some 

modifications prompted by the 

comments. 

Program disclosures: The proposed 

rule required sponsors to provide 

prospective exchange teachers with a 

listing of all fees and costs associated 

with the exchange program at two 

points, first, a general listing while 

advertising the program, and second, a 

more specific listing for those teachers 

accepted into the program. The 

Department received four comments, all 

expressing concern that the proposed 

requirements for both sponsors and host 

schools were overly time consuming, 

would result in an over-abundance of 

paperwork, and would result in 

unnecessary duplication of information 

from host school Web sites. 

The Department believes that the 

benefits of fee and cost transparency 

outweigh any possible duplication or 

additional activities required to gather 

fee and cost estimates and provide them 

to potential exchange visitors. When 

sponsors and host schools rely upon 

exchange visitors to conduct 

independent research on Web sites to 

locate key information about their 

exchange program and conditions of 

their host placement, these sponsors 

and schools cannot be sure that the 

information exchange visitors find 

through their research is accurate or 

comprehensive. In requiring the sponsor 

and host school to provide a summary 

of significant program components, fees, 

and other costs during the advertising 

phase and also prior to the exchange 

teacher’s signing of his or her contract 

with the host school, the Department 

ensures that the exchange teacher has 

received from the program sponsor at 

two crucial points a basic summary (and 

understanding) of the main 

programmatic and financial obligations 

and responsibilities he or she 

undertakes by participating in an 

exchange. These requirements also will 

allow all parties involved or interested 

in the Exchange Visitor Program to 

ascertain in advance if fees and costs 

seem excessive or if additional costs 

will be charged to the teacher. 

The Department is of the view that 

various program fees, deductions from 

wages, and costs charged to exchange 

teachers by sponsors, third parties, 

partners, and host schools, if not fully 

disclosed, could make exchange 

teachers vulnerable to unexpected 

program costs. The Department, through 

its regular communications with 

sponsors, participating exchange 

teachers, and host schools during the 

course of its formal program monitoring 

efforts, has been made aware of many 

cases where, after expenses and 

deductions, exchange teachers’ takehome pay, contrary to what those 

teachers originally expected, was an 

insufficient amount of money on which 

to live in the United States or to defray 

the cost associated with the exchange. 

Moreover, because the Department 

works with program sponsors on an 

ongoing basis, it is aware that program 

recruitment and placement fees may 

vary widely depending upon the 

exchange teacher’s country of origin. In 

addition, the cost of living, including 

housing and local transportation costs, 

varies in the different U.S. host 

communities where an exchange teacher 

may be placed. 

This regulation will require sponsors, 

first, to post a general summary of fees 

and other costs teachers can expect to 

pay while they are on exchange in one 

visible location on their main Web sites 

and in their recruiting materials, in 

order to ensure fee and cost 

transparency at the time of exchange 

teacher recruitment. This general 

summary of fees and other costs at the 

time of recruitment must include, at a 

minimum, sponsor fees; placement fees; 

visa fees; Student and Exchange Visitor 

Information System (SEVIS) fees; 

insurance costs based on the 

requirements of 22 CFR 62.14; estimates 

(ranges) for food, housing and local 

transportation costs; foreign and 

domestic third party fees; expected 

work-related deductions (e.g., federal 

and state income tax withholding, 

Federal Insurance Contributions Act 

(FICA) deductions, work related 

materials, required memberships); and 

estimates of all other fees charged for, 

and significant other costs related to, 

participation in the Teacher category of 

exchange. If these fees and costs vary by 

country, the sponsor should note this in 

its fee and cost listing, or list a range of 

costs to encompass all of the countries 

that sponsor serves. The Department 

does not require sponsors to list airline 

ticket costs in the general summary of 

fees and costs that they must post to 

their Web site or list in their recruitment 

materials. 

Second, at the time the official 

selection letter is sent to the teacher, 

sponsors must themselves, or must 

ensure that host schools, provide, in 

either the teacher’s contract and/or 

through supplemental information, each 

individual exchange teacher with the 

name, location, and a brief description 

of the host school; the terms and 

conditions of compensation (with 

estimated deductions from gross salary); 

any provisions affecting the ability of 

the teacher to be accompanied abroad 

by a spouse or dependents (including 

any related assistance and allowances); 

a summary of the significant 

components of the program (including a 

statement of the teaching requirements, 

related professional obligations and 

required cross-cultural activity 

component); specific information on the 

fees and costs that the exchange teacher 

will be responsible for while on 

exchange in that school district; 

anticipated housing options and cost 

implications; specific local 

transportation options between the 

exchange teacher’s residence and the 

host school and their estimated costs; 

insurance costs for accident and illness 

coverage, repatriation of remains, and 


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medical evacuation as required by 22 

CFR 62.14; estimated costs for initial 

personal expenses the exchange teacher 

may incur upon arrival in the United 

States prior to receiving his or her first 

paycheck; certification or licensure 

procedures and costs at the host school; 

administrative fees; and any placement 

fees. All of the information noted above 

must be provided to exchange teachers 

selected for the program before they sign 

their host school contract, in order to 

ensure that all exchange teachers fully 

understand the financial obligations 

they assume when signing the contract 

and agreeing to participate in an 

exchange program. 

As set forth at 22 CFR 62.24(f)(5), 

unless an exchange teacher is on a 

program where the Department is the 

sponsor, he or she must be employed by 

and under the direct supervision and 

guidance of his or her host school and, 

where applicable, the host school 

district. As set forth at 22 CFR 

62.24(g)(2), unless the exchange teacher 

is supported through government 

funding, through continued support 

from the exchange teacher’s home 

school, or through a combination of the 

exchange teacher’s home and host 

school, compensation must be paid 

directly by the host school(s) or host 

school district in which the exchange 

teacher is placed. For example, unless 

the sponsor is also the host school, a 

sponsor cannot receive the exchange 

teacher’s salary from a host school or 

host school district and then pay it on 

to the exchange teacher (often with 

deductions for previously undisclosed 

fees and costs), as may be the practice 

currently in some teacher exchange 

programs. 

Cross-cultural activity component: 

The proposed rule required completion 

of a mandatory annual cross-cultural 

activity component through which 

exchange teachers would be required to 

share aspects of their cultural heritage 

with their U.S. communities, including 

conducting international dialogue or 

other activities through virtual exchange 

or other means, with schools or students 

in another country, preferably their 

home school (as set forth in the final 

rule at 22 CFR 62.24(h)). The 

Department received 11 comments 

regarding the cross-cultural component 

aspect of the proposed rule. Many 

comments received were from faculty or 

administrators at international schools 

who expressed the view that a required 

cross-cultural activity component was 

unnecessary because their schools are 

living examples for students of 

international cultural exchange and that 

a mandated cross-cultural activity 

component would be an artificial 

intercultural activity by comparison. 

The mission of the Bureau of 

Educational and Cultural Affairs, which 

oversees the Exchange Visitor Program 

under the Fulbright-Hays Act, is to 

increase mutual understanding between 

the people of the United States and the 

people of other countries through 

educational and cultural exchanges that 

support the development of peaceful 

relations. In keeping with this authority, 

the Department wishes to ensure that its 

visiting teachers come in contact with 

and convey knowledge to large numbers 

of U.S. students and community 

members. The Department is of the view 

that a dialogue of ideas should ensue 

from the Teacher exchange program and 

that, regardless of where in the United 

States a teacher is placed, a mandatory 

cross-cultural activity component will 

help students in the exchange teacher’s 

classroom, and in the broader host 

school and its community, develop 

global awareness and interest in 

learning more about other countries. 

Moreover, not all exchange teachers 

participating in the program are placed 

in schools that already have an overall 

international focus. 

Other comments supported 

mandating a cross-cultural activity 

component in order for communities to 

learn more about the unique 

contributions of the exchange teacher. 

The Department agrees that required 

cross-cultural activity components are 

valuable tools not only to engage 

exchange teachers in their host 

communities—both inside and outside 

of their schools—but also to inform their 

host communities about their cultures. 

Whatever the placement setting, the 

sponsor, host school and exchange 

teacher should work together to develop 

creative cross-cultural activity 

components, whether it be in the 

teacher’s individual classroom, within 

the larger host school, or in the host 

school district or community. One 

example of developing a creative crosscultural activity for the host school 

district or community could be to have 

exchange teachers make a presentation 

in a public forum (e.g., at a school 

assembly, museum, civic organization, 

or businesses association) where there is 

direct interaction with the educational 

or larger community and in which they 

could share an aspect of their home 

countries (e.g., history, traditions, 

heritage, dance, art, music, economy, 

educational system). In addition, the 

Department strongly encourages 

sponsors who place exchange teachers 

in international schools to urge their 

exchange teachers to conduct at least 

one cross-cultural activity per year 

outside their host school in a setting 

where there is less direct opportunity 

for students or community members to 

engage in international learning. For 

example, a foreign teacher placed in a 

school where he or she is teaching his 

or her native language might give a 

presentation in English about a home 

country topic to a school in the same 

district that does not have an 

international or language immersion 

focus or to a community group in the 

area where the host school is located. 

Sponsors and the Department will take 

the exchange teacher’s record of crosscultural activities into account when 

considering one- or two-year extensions 

for exchange teachers, including those 

placed at schools with an international 

or language immersion focus. 

In order to ensure meaningful 

accountability on the part of exchange 

teachers, sponsors must require 

exchange teachers to submit an annual 

report, one element of which should 

detail the cross-cultural activity 

component of their exchange program. 

The report does not have to be in a 

specific format, but must contain 

specific fields of information as 

identified in these regulations (i.e., date 

or dates of cross-cultural activities, 

teacher name, program sponsor name, 

location, number of individuals in 

attendance, topic, and a general 

overview of the activity and its overall 

impact within the larger community 

where the school is located). Sponsors 

will not be required to submit copies of 

these reports routinely to the 

Department, but they must retain such 

reports as part of each exchange 

teacher’s documentation for a period of 

three years following completion of the 

teacher’s exchange program, as required 

by 22 CFR 62.10(g). Sponsors are 

encouraged to share with the 

Department, as best practices, examples 

of activities that exchange teachers 

conduct as part of their cross-cultural 

activity component. 

Teacher eligibility: The Department 

received four comments on eligibility, 

evenly split on whether the criteria for 

eligibility should be changed to two 

years of teaching experience prior to 

program participation from the current 

requirement of three years, or whether 

three years should remain the 

requirement. It is critical to the success 

of this exchange program that foreign 

teachers have the necessary skills and 

teaching experience to benefit from 

exchange opportunities and achieve the 

intended goals of this professional 

exchange program. Exchange teachers 

must be able to make an immediate 

impact in the classroom and share some 

of their teaching methods with 


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American teachers, while learning 

firsthand about U.S. culture and 

teaching methodologies. 

The Department recognizes, as some 

comments pointed out, that exchange 

teachers come to the United States from 

foreign countries that prepare their 

teachers in educational systems that are 

different from that of the United States, 

with some systems having very different 

time periods that it takes teacher 

candidates to receive a degree. The 

Department believes that two years of 

teaching experience, combined with a 

degree equivalent to a U.S. bachelor’s 

degree (which may be proven by the 

applicant, for example, through use of a 

credential evaluation service), would be 

sufficient requirements for program 

participation. This teaching experience 

must not be as a student teacher, but as 

a teacher of record in a foreign school; 

however, the two years of experience 

may be non-consecutive. All U.S. states 

currently require their teachers to have 

a bachelor’s degree, and while the 

Department recognizes differences in 

teacher education systems around the 

world and, therefore, does not require 

its foreign teachers to have a bachelor’s 

degree, it is of the view that requiring 

foreign teachers to have the equivalent 

of a bachelor’s degree from their own 

educational system will ensure that they 

are considered equally qualified with 

U.S. teachers in host schools across the 

United States. 

A number of comments made the 

point that the Department should permit 

in the program teachers who are not 

currently teaching but have recent 

teaching experience. The Teacher 

exchange program is not an employment 

program, but an educational exchange 

experience that has a reciprocal element 

as one of its goals. In the Teacher 

exchange category, currently working 

teachers bring to the program 

opportunities to link their home and 

host schools and communities through 

projects and other contributions to 

mutual understanding. It is anticipated 

that the exchange experience will give 

exchange teachers the opportunity to 

share their experiences with their home 

school students through virtual linkages 

and when they return home. 

Other comments expressed concern 

that by requiring teachers to be working 

at the time of application, the program 

would exclude potentially highly 

qualified candidates who have the 

requisite teaching experience, but have 

not been working because they have 

been pursuing an advanced degree. The 

Department agrees and wishes to 

facilitate the exchange of teachers who 

have continued their education beyond 

a degree equivalent to a U.S. bachelor’s 

degree. The Department agrees that an 

international teaching experience would 

be a valuable additional educational 

benefit to teachers completing advanced 

degrees. For this reason, this final rule 

makes one exception to the requirement 

that applicants must be working as 

teachers at the time of application. 

Applicants who are not currently 

working may participate in the program 

if they: (i) Have at least a degree 

equivalent to a U.S. bachelor’s degree, 

(ii) have two years of teaching 

experience within the past eight years, 

and (iii) have successfully completed an 

advanced degree beyond a U.S. 

bachelor’s degree-equivalent within one 

year of the date upon which their 

program application is submitted, even 

if they are not currently teaching. The 

advanced degree must be in the subject 

field (or a closely related one) that the 

exchange teacher proposes to teach 

while in the United States, or in the 

field of education. In making this 

exception, the Department 

acknowledges that potential exchange 

teachers might wish to complete an 

advanced degree and follow-up this 

degree by taking the opportunity to 

teach abroad for a period of time soon 

thereafter, before they continue their 

teaching careers in their home 

countries. Sponsors must require 

teachers who are not currently working, 

but are participating in the program by 

virtue of having recently completed an 

advanced degree, to locate and 

cooperate with a school, preferably in 

their home country and at their teaching 

level, in order to conduct the required 

international dialogue or virtual aspect 

of the cross-cultural activity component 

while on exchange. Sponsors must 

require candidates for the program, 

before they submit their application to 

a sponsor, to take the additional steps 

necessary to make arrangements with a 

suitable school outside the United 

States with which they could, if 

accepted to the program, complete the 

required cultural activity component. 

Pre-kindergarten teacher eligibility: 

The Department received 37 comments 

about whether pre-kindergarten teachers 

should be permitted to participate in the 

Teacher category of the Exchange 

Visitor Program. All comments noted 

that beginning language instruction with 

a native speaker in early childhood 

would be beneficial for U.S. children. 

Those submitting comments also noted 

that preventing pre-kindergarten 

language teachers from coming to the 

United States on a teacher exchange 

would reduce the overall effectiveness 

of ‘‘language immersion’’ programs, 

whose faculty could benefit from 

hosting native speakers. In response to 

these comments, the Department will 

permit teachers, under the final rule, to 

be placed as instructors in prekindergarten ‘‘language immersion’’ 

programs offered as regular courses of 

study by accredited primary schools. 

Such exchange teachers must teach a 

full-time schedule of at least 32 hours at 

their host school or at accredited 

schools in the same school district, even 

if not all of their instruction involves 

teaching at the pre-kindergarten level. If 

exchange teachers are placed in private 

schools where they are not under the 

governing authority of a school district, 

then they must teach a full-time 

schedule of at least 32 hours, any 

schools in which they teach must be 

located no more than 25 miles from 

their main host school, and the sponsor 

must ensure that reasonable and 

effective modes of transportation to 

such additional sites of activity exist. 

Pre-kindergarten exchange teachers may 

not participate in exchanges at 

institutions whose primary purpose is 

daycare, nor may they teach in 

supplemental educational programs 

offered at, but not included as, a regular 

course of study by an accredited school. 

Program dates: The Department 

received three comments on its 

proposed new requirement (set forth in 

the final rule at 22 CFR 62.24(f)(2)) that 

program dates should coincide with the 

U.S. academic year cycle (July 1–June 

30). Some comments pointed out that 

school systems in other parts of the 

world follow different calendar cycles 

and expressed the view that the Teacher 

exchange program should accommodate 

this. The Department notes that 

exchange teachers will be teaching in 

U.S. schools, so it is generally necessary 

that they comply with the U.S. 

academic year in order to ensure a 

smooth transition as faculty arrive and 

depart. The Department understands 

that there may be instances where a 

teacher on a different academic calendar 

may need to conduct an exchange on a 

different year-cycle. In such a situation, 

sponsors must notify and receive 

approval from the Department if a host 

school has an exchange teacher 

beginning an exchange after the start of 

the U.S. academic year and must ensure 

that the host school includes such 

alternate dates in its contract with the 

exchange teacher. Host schools should 

give the same orientation programming 

and assistance to the incoming exchange 

teacher that an exchange teacher 

arriving at the normal time in the school 

year would ordinarily receive. When 

sponsors notify the Department that the 

exchange is occurring on a different 


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Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Rules and Regulations 4949 

program cycle and receive the 

Department’s approval, the Department 

has the opportunity to monitor these 

exchanges to ensure that the sponsor 

and host school are providing the 

necessary support to an exchange 

teacher who enters a new school with a 

potentially more difficult adjustment 

period. 

Program extensions: The Department 

received 29 comments on the issue of 

program extensions, with a majority 

supporting either program extensions of 

up to two years beyond the proposed 

exchange period of three years or simply 

a five-year exchange period. A former 

exchange teacher commented that 

international teachers who experience 

the United States for periods longer than 

three years can become ‘‘instructional 

leaders’’ in their host schools. Others 

voiced the perspective that a three-year 

program limit may mean that some 

students have less continuity in 

receiving instruction from a highly 

qualified international teacher. 

The Department believes that a 

program duration of three years is most 

consistent with the goals and mission of 

the Teacher exchange, namely to 

encourage exchange teachers to learn 

new skills and perspectives while 

teaching in the United States, and then 

return to their home countries and foster 

ties between schools in their home 

countries and their host schools in the 

United States. However, the Department 

recognizes that program extensions 

beyond the three-year duration may be 

necessary or desirable where the 

exchange teacher has carried out his or 

her program requirements in a 

particularly effective way at the U.S. 

host school. Accordingly, sponsors may 

apply to the Department on behalf of a 

host school to extend an exchange 

teacher’s program duration by one or 

two additional years. In permitting 

extensions of up to two years, the 

Department will not authorize exchange 

teachers to extend their stay by fractions 

of academic years. The Department 

believes this would result in 

considerable administrative complexity 

to both home and host schools 

attempting to make international teacher 

exchanges possible. In addition, having 

exchange teachers extend for fractions 

of years might be disruptive to students. 

Extension requests must contain 

documentation showing that the school 

has a particular need for the exchange 

teacher to remain, that the exchange 

teacher can be recommended for 

extension based on professional 

performance at the host school, and that 

the exchange teacher has fulfilled all 

aspects of the cross-cultural activity 

component. Instructions for requesting a 

program extension may be found on the 

Department’s J-Visa Web site 

(www.jvisa.gov) under the 

‘‘Participants—Adjustments and 

Extensions’’ link at http://

j1visa.state.gov/participants/current/

adjustments-and-extensions. Sponsors 

must send extension requests to the 

Department for its approval at least 

three months prior to the beginning date 

of the requested extension. 

Teacher compensation: The 

Department did not receive comments 

on the issue of compensation. 

Accordingly, as proposed, the 

Department has amended the 

regulations at 22 CFR 62.24(g)(2) to 

make clear that exchange teachers are to 

be compensated directly by the schools 

or school districts in which they are 

placed, unless they are supported by 

foreign government funding, through 

continued support from their home 

schools, or through a combination of 

home and host school support. 

Exchange teachers must be under the 

direct supervision and guidance of host 

schools and host school districts. SEVIS 

records should reflect the funding 

situation for each exchange teacher. 

Teaching positions, including duties, 

responsibilities, hours of employment, 

and compensation, must be consistent 

with similarly-situated American 

teachers in the school or school district 

where an exchange teacher is assigned 

to teach. Sponsors should ensure that 

exchange teachers receive all 

information about teaching in a 

particular school or school district that 

is available to similarly-situated U.S. 

teachers. 

Repeat participation: Commenters 

generally supported a clause making 

clear that exchange teachers are eligible 

for repeat participation provided they 

reside outside the United States for two 

years following their teacher exchange 

program. Several commenters noted that 

inserting this provision should go handin-hand with extending the possible 

exchange duration to five years. The 

regulations have been amended to 

permit exchange teachers who have 

successfully completed their teacher 

exchange programs, either for a period 

of three years or, if extended, for four or 

five years, to participate again as 

exchange teachers in the Exchange 

Visitor Program. To be eligible to repeat 

the program, exchange teachers must 

have resided outside the United States 

for at least two years following 

completion of their program and must 

continue to meet all other eligibility 

requirements for this category. 

Regulatory Analysis and Notices 

Administrative Procedure Act 

The Department 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 section 553 (Rulemaking) and 

section 554 (Adjudications) of the 

Administrative Procedure Act (APA). 

U.S. government policy and 

longstanding practice have been for the 

Department to oversee foreign nationals 

who come to the United States as 

participants in exchange visitor 

programs, either directly or through 

private sector program sponsors or 

grantee organizations. When problems 

arise, 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 rule is 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 is of the opinion that failure 

to protect the health, safety and welfare 

of these foreign nationals would 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 nevertheless published a 

proposed rule on May 2, 2013, with a 

60-day provision for public comment 

and without prejudice to its 

determination that the Exchange Visitor 

Program is a foreign affairs function. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This regulation 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 U.S.-based companies to 

compete with foreign-based companies 

in domestic and export markets. 

Unfunded Mandates Reform Act of 1995 

This regulation will not result in the 

expenditure by State, local or tribal 

governments, in the aggregate, or by the 

private sector, of $100 million in any 


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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 regulation will not have tribal 

implications; will not impose 

substantial direct compliance costs on 

Indian tribal governments; and will not 

preempt tribal law. Accordingly, the 

requirements of Executive Order 13175 

do not apply to this rulemaking. 

Regulatory Flexibility Act/Executive 

Order 13272: Small Business Impacts 

Since the Department is of the 

opinion that this rule is exempt from 

section 553 (Rulemaking) and section 

554 (Adjudications) of the APA, the 

Department is also of the opinion that 

this rule is not subject to the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.). 

However, to better inform the public as 

to the costs and burdens of this rule, the 

Department notes that this regulation 

will affect the operations of 54 sponsors 

designated by the Department to 

conduct programs in the Teacher 

category of the Exchange Visitor 

Program. Currently, approximately 

1,200 new exchange teachers may begin 

exchange programs annually with 

program durations of up to three years, 

and it is expected that this number will 

stay relatively constant; an estimated 

total of around 2,300 exchange teachers 

may continue their programs in years 

two and three as expected (estimated at 

1,150 exchange teachers per year), for a 

total number of 3,500 in their first three 

years as an exchange visitor. An 

estimated 500 exchange teachers may be 

on an extension of their exchange in the 

U.S. beyond the initial three years (an 

estimated 250 in extension status in 

years four and five), so that a total of 

approximately 4,000 active exchange 

teachers may be in the United States 

annually. 

Numbers of Small Businesses 

Of the 54 currently-designated 

sponsors in the Teacher category of the 

Exchange Visitor Program, 16 are 

corporate, academic and tax-exempt 

program sponsors with annual revenues 

of less than $7 million. These 16 small 

sponsors accounted for around 800, or 

approximately 32 percent, of the total 

active 2,500 participants in the Teacher 

category in calendar year 2014 and 384 

of the new exchange teachers beginning 

the program. The Department estimates 

that exchange teachers associated with 

small sponsors may account for as many 

as 1,280 of the 4,000 active participants 

in 2016 and beyond, once the option to 

extend is offered to exchange teachers, 

calculated as follows: 1,200 multiplied 

by three years for new exchange 

teachers minus 100 teachers who are 

estimated not to continue on to three 

years as expected, plus an estimated 

total of 500 exchange teachers on 

extension (250 in extension status per 

year in years four and five) equals 4,000 

total exchange teachers. Multiplying 

this total by 0.32 equals an expected 

1,280 exchange teachers affiliated with 

sponsors that are small businesses. 

Teacher Selection 

Sponsors already are required to 

screen applicants for eligibility 

(including the two-year home stay 

requirement through SEVIS); verify that 

applicants are currently working as 

teachers; verify their English language 

proficiency; and confirm their receipt 

of, at a minimum, a degree equivalent to 

a U.S. bachelor’s degree. Department 

collections already include 1.5 hours for 

selection (screening, verifying language 

proficiency, and confirming degree). 

Sponsors also must check prospective 

host school attestations that their 

exchange teacher appointments are 

temporary, that the teacher’s salary will 

fall within the range paid to U.S. 

teachers, and that the exchange teacher 

will satisfy the teaching eligibility 

standards of the U.S. state in which he 

or she will teach. These requirements 

will add 0.5 hours multiplied by $31.50 

weighted wage for sponsors multiplied 

by 384 placement schools, or an 

additional total of $6,048 annually. The 

amount of $31.50 is based upon average 

weekly earnings for middle-range 

employees in the educational non-profit 

sector according to the Bureau of Labor 

Statistics, or around $24.20 per hour 

and benefits of around 30 percent of 

salary. In addition, host schools will 

have a 0.5 hour burden to write these 

attestations, which totals $8,279, based 

on the average weighted wage of $43.12 

for middle-range U.S. public school 

administrators, according to the Bureau 

of Labor Statistics and the national 

salary comparison Web site Payscale 

(www.payscale.com) (0.5 hours 

multiplied by $43.12. weighted wage 

multiplied by 384 placement schools). 

Under the amended regulation, 

sponsors must verify that exchange 

teachers qualifying with an advanced 

degree have earned such a degree within 

the past 12 months in education or in 

the subject field (or closely related 

subject field) that the applicant would 

teach on exchange. They also will need 

to verify that the exchange teacher’s 

application package includes a letter 

from the head of a school in another 

country, preferably the teacher’s home 

country, which states that school’s 

willingness to work with the exchange 

teacher on the cross-cultural component 

of the exchange. These items are not 

expected to add greatly to a sponsor’s 

screening responsibilities. Sponsors 

would already regularly screen for the 

teacher’s academic, linguistic, and other 

credentials; this added screening is 

simply for a higher level of academic 

credential and verification that the 

cross-cultural component letter has been 

submitted for the applicant. 

As set forth at 22 CFR 62.24(f)(1), 

sponsors must ensure that Forms DS– 

2019 are not issued until potential 

exchange teachers have received and 

accepted written offers of full-time 

teaching positions from the accredited 

primary (including pre-kindergarten 

level) or secondary schools in which 

they will teach. It is estimated that host 

schools and sponsors associated with 

the programs of small sponsors will 

each spend 30 minutes either writing or 

reviewing such offer letters. For 

sponsors, the Department estimates an 

aggregate burden of $6,048 (384 new 

teachers multiplied by 0.5 hours 

multiplied by $31.50 per hour weighted 

wage). This is not a new cost. For host 

schools, the Department estimates an 

aggregate burden of $8,279 (384 new 

teachers multiplied by $43.12 weighted 

wage of the average U.S. public school 

administrator multiplied by 0.5 hours). 

Program Extension 

In regard to program extensions, as set 

forth at 22 CFR 62.24(k), sponsors must 

review host school extension letters and 

supporting materials, send extension 

applications they support to the 

Department for review, and notify host 

schools regarding the status of their 

extension requests. The Department 

estimates that these additional 

collection requirements will cost 

$2,520, one hour burden multiplied by 

the hourly weighted wage of $31.50 for 

an estimated 250 extending exchange 

teachers; or $2,520 for the 32 percent of 

250 yearly extending exchange teachers 

or 80 exchange teachers, who are likely 

to be affiliated with small sponsor 

organizations. It is estimated that the 

hour burden to host schools affiliated 

with small sponsors to submit letters for 

teachers extending to a fourth or fifth 

year is $3,450 (80 exchange teachers 

multiplied by $43.12 weighted wage for 

a school administrator multiplied by 

one hour). In addition, small sponsors 

may incur an estimated $400 per year 

associated with keeping records for 


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extension requests (80 extending 

teachers per year multiplied by $5), or 

a total of $1,200 for 80 extending 

teachers multiplied by $5 multiplied by 

three years for the entire duration of 

such extension request recordkeeping. 

The $5 per record cost is based on 

estimates provided by several private 

sector records storage companies at an 

average of $20 per cubic foot box 

divided by an estimated four teacher 

cross-cultural project records per box, 

which includes room for potential 

storage of larger items teachers may 

submit to document their exchange 

experience, or to cover the cost of 

electronic file archival storage. 

Program Disclosure 

22 CFR 62.24(g) requires sponsors to 

disclose fees and costs to exchange 

teachers at the time of their recruitment, 

selection into the program, and signing 

of their contracts with host schools. 

Department collections already include 

0.5 burden hours for program disclosure 

by sponsors. The Department estimates 

total requirements in this area annually 

will cost $12,096 (384 new exchange 

teachers associated with small sponsors 

multiplied by $31.50 weighted wage 

multiplied by a total of one hour), or 

new costs of $6,048 (384 new exchange 

teachers associated with small sponsors 

multiplied by $31.50 weighted wage 

multiplied by a total of 0.5 hours). 

Cross-Cultural Activity Component and 

Related Annual Report 

The final rule at 22 CFR 62.24(h) 

requires sponsors to assist exchange 

teachers with their cross-cultural 

activity components and to collect 

exchange teachers’ annual reports 

detailing their fulfillment of the 

required cross-cultural activity 

components. The Department estimates 

that this assistance and the collection of 

these reports annually will cost $40,320, 

or one burden hour at $31.50 weighted 

hourly wage multiplied by 1,280 

teachers affiliated with small sponsors 

(32 percent of 4,000) multiplied by one 

hour, or new costs of $20,160, or 0.5 

burden hours at $31.50 weighted hourly 

wage multiplied by 1,280 exchange 

teachers affiliated with small sponsors. 

In addition, small sponsor cataloguing 

and storing of annual reports with crosscultural activity components would cost 

small sponsors $11,200 annually (7,000 

reports requiring storage multiplied by 

0.32 multiplied by $5 per report). The 

$5 annual cost is based upon 

conservative private sector estimates of 

onsite record storage in the office 

environment per cubic foot of records. 

The Department estimates that each 

annual report, with paper and other 

addenda, could take up to one-quarter 

cubic feet of space. 

Summary: Collectively, this 

regulation will impose new costs of no 

more than $47,176 to the 16 small 

program sponsors. The additional cost 

of this regulation divided by the total 

number of exchange teachers associated 

with small business (1,280) is $37. In 

2014, the 16 small sponsors ranged in 

the number of exchange teachers they 

sponsored annually as follows: Six of 

the 16 small businesses brought in no 

more than seven exchange teachers for 

the year 2014, which meant a new 

burden cost of $259. For these 

businesses, annual revenue averaged 

around seven million dollars, and this 

amount was far less than one-half of one 

percent of their revenues. Six small 

businesses brought in between 12 to 50 

exchange teachers annually at a 

maximum cost of $1,850; one small 

business sponsored 133 exchange 

teachers, which computes to a cost of 

$4,921; and two sponsored around 200 

teachers, which computes to a cost of 

around $7,400. For these businesses, 

annual revenue ranged from $695,000 to 

six million dollars, and was in all cases, 

less than 1.5 percent of their revenue. 

For the four small businesses that 

recruited the largest number of new 

exchange teachers (as many as 282 

exchange teachers) in 2014, the cost of 

this regulation is estimated to be no 

greater than $10,434. For these 

businesses, annual revenues ranged 

from five to seven million dollars, and 

the new regulatory cost was less than 

one percent of their revenues. The 

Department certifies that this rule will 

not have a significant economic impact 

on a substantial number of small 

entities. The total cost burden to host 

schools affiliated with small businesses 

is $20,008 or around $16 per school 

($20,008 divided by 1,280 host schools). 

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 

Orders 12866 and 13563. The 

Department has nevertheless reviewed 

these regulations to ensure their 

consistency with the regulatory 

philosophy and principles set forth in 

those Executive Orders and submitted 

the rule to the Office of Management 

and Budget’s Office of Information and 

Regulatory Affairs. The regulations 

governing the Teacher category of the 

Exchange Visitor Program were last 

amended on March 19, 1993. 

First, the regulations set forth in this 

final rule include a requirement for 

sponsors to provide full transparency on 

all fees and costs associated with 

teacher exchanges. The Department 

believes that requiring sponsors to 

provide foreign teachers at the time of 

recruitment with a comprehensive 

summary of total program fees and costs 

would greatly enhance transparency and 

better ensure that exchange teachers 

understand the financial obligations 

they assume when choosing to 

participate in the Exchange Visitor 

Program. The Department believes that 

sponsors already prepare such 

comprehensive summaries as a business 

practice. The cost of this requirement 

will come from adding a summary to the 

existing sponsor application and Web 

site and disseminating this fee and cost 

summary to the individual exchange 

teacher at the time of selection into the 

program, and is estimated at one hour, 

or 0.5 additional burden hours, for an 

estimated 4,000 sponsor collections 

from host schools to disclose fee and 

cost information multiplied by $31.50 

sponsor weighted wage, or $126,000 

divided by two, or a $63,000 new cost. 

Second, both exchange teachers and 

sponsors will accrue costs from the 

application process. Foreign teacher 

applicants who are chosen for the 

Teacher program must demonstrate that 

they meet the eligibility and selection 

requirements set forth in 22 CFR 

62.24(d)–(e), including demonstrating 

their qualifications for teaching at either 

the primary, including pre-kindergarten, 

or secondary levels in schools in their 

home country; that they are working as 

a teacher in their home country at the 

time of application; and that they have 

at least two years of full-time teaching 

experience. They must show that they 

have, at a minimum, a degree equivalent 

to a U.S. bachelor’s degree in either 

education or the academic subject field 

in which they plan to teach. They also 

must demonstrate that they have the 

requisite English language proficiency, 

provide references to their good 

character, and ensure that they meet the 

teaching requirements of the U.S. state 

in which they are placed, under the 

requirements of 22 CFR 62.24(d)–(e). It 

is anticipated that it will take 1,200 new 

exchange teachers six hours for a total 

of 7,200 hours to document their 

eligibility at $26.26 per hour weighted 

wage for a total cost of $189,072. The 

figure of $26.26 weighted wage per hour 

for exchange teachers approximates, 

according to the Bureau of Labor 

Statistics and the private sector Teacher 

Portal (a Web site summarizing teacher 

salaries nationwide at 


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4952 Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Rules and Regulations 

www.teacherportal.com), the average 

teacher salary in the past academic year 

for teachers having under ten years of 

experience (the Exchange Visitor 

Program’s main applicants) plus 

benefits of 30 percent of salary. 

Sponsors must screen exchange 

teachers before accepting them for the 

program and placing them in a suitable 

host school. Sponsors, therefore, must 

verify the educational and other 

qualifications of each foreign teacher 

applicant to determine whether he or 

she satisfies all selection criteria; review 

references for each foreign teacher 

attesting to that teacher’s good 

reputation, character and teaching 

skills; ensure that each selected foreign 

teacher possesses sufficient proficiency 

in the English language to function in 

American classrooms as well as on a 

day-to-day basis; check, if applicable, 

that a home school letter stating the 

school’s willingness to work with the 

exchange teacher on a cross-cultural 

component has been submitted; check 

that host schools appoint exchange 

teachers to temporary positions and that 

these teachers’ salaries fall within the 

range paid to U.S. teachers; and verify 

that each exchange teacher meets the 

requirements of the state in which he or 

she will teach. It is estimated that 54 

sponsors will need 2 hours, an increase 

of 0.5 hours, to review 1,200 successful 

exchange teacher applications at $31.50 

weighted wage for a total cost of $75,600 

(and total new costs of $18,900). 

Third, an exchange teacher who 

qualifies for the program by virtue of 

having completed an advanced degree 

in education or in an academic subject 

matter that he or she intends to teach or 

that is directly related to his or her 

teaching subject field (see 22 CFR 

62.24(d)(1)(ii)) also must provide a letter 

from the head of a school (or another 

individual in an appropriate position of 

authority to speak for the school within 

the foreign country’s school system) in 

another country, preferably that 

exchange teacher’s home country, 

which states that school’s willingness to 

work with the exchange teacher on the 

cross-cultural component. It will take an 

estimated 50 exchange teachers two 

hours to organize receipt of such a letter 

within their home country, to include a 

translation if not in English, and 

provide the letter as part of their 

application package, at $26.26 weighted 

wage multiplied by 50 multiplied by 

two burden hours, for a total of $2,626. 

Fourth, sponsors must ensure that 

Forms DS–2019 are not issued until 

potential exchange teachers have 

received and accepted written offers of 

full-time teaching positions from the 

accredited primary (including prekindergarten level) or secondary schools 

in which they will teach. This is not a 

new cost for sponsors. Sponsors will 

need to collect written offers of each 

exchange teacher’s fulltime teaching 

position from the placement schools, 

and these placement schools will need 

to provide the written offer letters, 

estimated at a 0.5 hour burden. 

Furthermore, host schools will have an 

additional 0.5 hour burden to attest that 

exchange teacher appointments to 

positions within accredited primary or 

secondary schools are temporary, even 

if the teaching positions are permanent, 

and do not lead to tenure; and that these 

positions have duties, responsibilities, 

hours of employment and compensation 

commensurate with those of similarlysituated U.S. teachers in the school 

district or host school where that 

exchange teacher is assigned to teach. 

The cost to host schools is estimated at 

$51,774 annually ($43.12 weighted 

wage for a middle level school 

administrator multiplied by one hour 

multiplied by 1,200 schools) and the 

cost to sponsors at $18,900 ($31.50 

weighted wage multiplied by 0.5 hours 

multiplied by 1,200 new exchange 

teachers). 

In addition, it is estimated that host 

schools, numbering around 250, that 

wish to extend their exchange teacher’s 

program into the fourth or fifth year, 

will need one hour to fulfill extension 

requirements, estimated at $43.12 

multiplied by 250, for a total cost of 

$10,780. Sponsors will need to review 

these applications, estimated to take one 

hour at a weighted wage of $31.50 

multiplied by 250, for a total cost of 

$7,875. This is a new cost for sponsors. 

Sponsors also will need to keep on file 

the criteria and supporting 

documentation justifying exchange 

teacher extensions for no less than three 

years. Recordkeeping costs for keeping 

250 extension requests on file annually 

at $5 per exchange teacher result in a 

total for all sponsors of $1,250. The cost 

is based on average private sector 

estimates of file storage costs in an 

office environment per one-quartercubic foot of files. 

Finally, to ensure that this program 

remains an educational and cultural 

exchange program, the Department 

mandates that exchange teachers 

organize an activity in a public setting 

where there is direct interaction with 

host school students or with the host 

community and, in addition, organize 

an activity that involves U.S. students in 

a dialogue or other activity with schools 

or students in another country, 

preferably the exchange teacher’s home 

school. It is estimated that it will take 

an exchange teacher three hours to 

perform the cross-cultural activity 

component and file his or her report 

with the sponsor, at $26.26 weighted 

wage multiplied by 4,000 teachers, for a 

total of $315,120 annually. In addition, 

the Department estimates that it will 

take sponsors one hour, a 0.5 hour 

increase, to assist the exchange teacher 

with the cross-cultural component and 

review these reports, which, at $31.50 

per hour weighted wage for up to 4,000 

reports, will total $126,000 annually (or 

$63,000 in new costs). Recordkeeping 

for sponsors’ maintenance of crosscultural reports on file for three years 

(an estimated 7,000 files multiplied by 

$5 per exchange teacher) comes to a 

total of $35,000 annually or $105,000 

over the required three years of 

retention. The cost is based on average 

private sector estimates of file storage 

costs in an office environment per onequarter cubic foot of files or by 

electronic means. 

Teacher exchange programs 

conducted under the authorities of the 

Exchange Visitor Program promote 

mutual understanding by providing 

foreign teachers the opportunity to teach 

in U.S. primary and secondary schools 

and participate in daily educational 

curricula in the United States. Foreign 

teachers participating in the Exchange 

Visitor Program gain an understanding 

of and an appreciation for the 

similarities and differences between 

their own cultures and that of the 

United States. Upon their return home, 

these teachers enrich their schools and 

communities with their fresh 

perspectives of U.S. culture. Teacher 

exchanges also foster enduring 

relationships and lifelong friendships 

that help build longstanding ties 

between the people of the United States 

and other countries. In reciprocal 

fashion, U.S. primary and secondary 

school teachers and students are 

provided opportunities to increase their 

knowledge and understanding of the 

world through these friendships. 

Although the benefits of these 

exchanges to the United States and its 

people cannot be monetized, the 

Department is nonetheless of the 

opinion that such benefits far outweigh 

the costs associated with this regulation. 

The non-monetary benefits to the 

Teacher exchange program contained in 

this rule are many: In conducting a 

cross-cultural component, the exchange 

teacher will acquaint a wide number of 

students in the host school and 

members of the host community with 

the teacher’s home culture, and students 

in the exchange teacher’s home and host 

countries will have the opportunity to 

learn about each other’s cultures. In 

addition, requiring sponsors to disclose 


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fees and costs of the exchange to 

prospective exchange teachers at the 

time of recruitment and at the time of 

program selection will protect the 

exchange teacher and also may reduce 

program costs in the long run, as the 

disclosures can reduce turnover 

resulting from teachers who opt to 

return home early after facing 

unexpected costs. Finally, permitting 

individuals who have an advanced 

degree to apply for the program shortly 

after completing that degree will enable 

additional qualified, highly educated 

and knowledgeable exchange teachers to 

participate in the program. 

Executive Order 12988 

The Department has reviewed this 

rulemaking 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 burdens. 

Executive Orders 12372 and 13132— 

Federalism 

Acknowledging that the 

administration of schools is primarily a 

state function, the Department finds that 

this regulation will not have substantial 

direct effect on the states, on the 

relationships 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 rule. 

Paperwork Reduction Act 

This rule requires new collection of 

information by sponsors for screening, 

program disclosure, the cross-cultural 

component, and program extensions 

under an existing collection. Under the 

Paperwork Reduction Act of 1995 

(PRA), 44 U.S.C. Chapter 35, all 

agencies are required to submit to the 

Office of Management and Budget 

(OMB) for review and approval the 

reporting and recordkeeping 

requirements contained in any rule 

covered under the PRA. The 

information collection requirements 

contained in this rulemaking are issued 

pursuant to the PRA and OMB Control 

Number 1405–0147, and consist of Form 

DS–7000 (within the overall collection 

that includes Forms DS–3036, DS–3037 

and DS–7000). 

The Department submitted an 

information collection request to OMB 

for Forms DS–3036, DS–3037 and DS– 

7000 in spring 2014 for review and 

approval under the PRA, and did not 

receive substantive comments on the 

collection. The collection renewal was 

approved by the OMB on March 21, 

2014. The changes requested here were 

not added to the collection at that time 

because the collection would have 

expired before the final Teacher rule 

would enter into effect. The Department 

received comments in response to the 

Notice of Proposed Rulemaking that 

touched on the paperwork burden 

associated with the proposed rule. 

These comments were addressed in the 

supplementary information section. 

No amendments are required under 

this rulemaking for Forms DS–3036 and 

DS–3037, but amendments are 

requested under this rulemaking for 

Form DS–7000. 

30-Day Notice of Proposed 

Information Collection: DS–3036, DS– 

3037 and DS–7000 Recording, Reporting 

and Data Collection Requirements— 

Student and Exchange Visitor 

Information System (SEVIS) 

Title: Submission to OMB of proposed 

collection of information. 

The Department of State has 

submitted the information collection 

described below to the Office of 

Management and Budget (OMB) for 

approval. 

Direct requests for additional 

information regarding the collection 

listed in this notice, including requests 

for copies of the proposed collection 

instrument and supporting documents, 

to the Office of Policy and Program 

Support, ECA/EC, SA–5, Floor 5, U.S. 

Department of State, 2200 C Street NW., 

Washington, DC 20522–0505; fax: (202) 

632–2701; email: JExchanges@state.gov. 

• Title of Information Collection: 

Recording, Reporting, and Data 

Collection—Student and Exchange 

Visitor Information System (SEVIS). 

• OMB Control Number: 1405–0147. 

• Type of Request: Revision of a 

Currently Approved Collection. 

• Originating Office: Bureau of 

Educational and Cultural Affairs, Office 

of Private Sector Exchange, ECA/EC. 

• Form Number: Forms DS–3036, 

DS–3037 and DS–7000. 

• Respondents: Foreign teachers 

wishing to participate as an Exchange 

Visitor Program teacher, schools hosting 

exchange teachers on the Exchange 

Visitor Program, U.S. government and 

public and private organizations 

wishing to become U.S. Department of 

State designated sponsors authorized to 

conduct exchange visitor programs, and 

Department of State designated 

sponsors. 

• Estimated Number of Respondents: 

191,675 (DS–3036—60; DS–3037— 

1,415; DS–7000—190,200). 

• Estimated Number of Responses: 

1,558,859 (DS–3036—60; DS–3037— 

2,830; DS–7000—1,555,969). 

• Average Time per Response: DS– 

3036—8 hours; DS–3037—20 minutes; 

DS–7000—50 minutes. 

• Total Estimated Burden: 1,328,207 

hours (DS–3036—480 hours; DS–3037— 

943 hours; DS–7000—1,326,784 hours). 

• Frequency: On Occasion. 

• Obligation To Respond: Required to 

Obtain or Retain a Benefit. 

Estimate of the total new annual 

burden (in hours) associated with the 

collection. 

The estimate of the total new annual 

burden for sponsors for the Teacher 

section of 22 CFR part 62 is two and 

one-half hours. Previously, a nonweighted wage of $20 was used to 

calculate sponsor costs for Form DS– 

7000. Therefore, some of the cost 

increase indicated in this rule stems 

from using the higher weighted wage 

figure of $31.50 for sponsors in this 

submission. New costs for sponsors 

collectively (not including 

recordkeeping) based on the weighted 

wage of $31.50 are $189,025 and based 

on the non-weighted wage of $20 are 

$133,250. (A difference of $55,775 of the 

overall new sponsor costs are thus 

attributed to using a weighted wage in 

these calculations.) In addition, 

$506,818 total costs are applicable to 

exchange teachers, calculated using the 

weighted wage of $26.26, based on the 

time it takes them to complete their 

application to the program and carry out 

cross-cultural activities. Costs 

applicable to host schools, using the 

weighted wage or $43.12, are $62,524 

for providing exchange teachers with 

offer letters, making attestations to 

sponsors regarding temporary positions 

and commensurate compensation, and 

collecting information to file exchange 

teacher extensions. Individual cost 

figures associated with Form DS–7000 

are summarized below: 

• Provision by sponsors, at the time 

of recruitment and selection, of a 

summary of total fees and costs as set 

forth by 22 CFR 62.24(g): $126,000 total 

costs, of which $63,000 are new costs. 

(0.5 hours new or one hour total burden 

hours multiplied by 4,000 host schools 

to gather information on fees and costs 

for recruitment and provide information 

on fees and costs to selected teachers 

from this data at $31.50 weighted wage). 

• Document collection by potential 

exchange teachers to prove their 

eligibility under 22 CFR 62.24(d)–(e): 


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$189,072 new cost. (Six hours 

multiplied by 1,200 new exchange 

teachers multiplied by $26.26 weighted 

wage). 

• Sponsor screening of exchange 

teachers before accepting them for the 

program and matching them to a 

suitable host school under 22 CFR 

62.24(d)–(f): $75,600, of which $18,900 

are new costs. (0.5 new and two hours 

total burden multiplied by review of 

1,200 exchange teacher files multiplied 

by $31.50 weighted wage). 

• Documentation to be provided, 

including translation, if applicable, by 

exchange teachers qualifying for the 

program by virtue of having completed 

an advanced degree as set forth at 22 

CFR 62.24(d)(1)(ii): $2,626 (Two hours 

multiplied by 50 exchange teachers 

multiplied by $26.26 weighted wage). 

• Sponsor verification that Forms 

DS–2019 are not issued until potential 

exchange teachers have received and 

accepted written offers of full-time 

teaching positions from the accredited 

host school, as set forth at 22 CFR 

62.24(f)(1): $18,900. This is not a new 

cost. (0.5 hours multiplied by 1,200 

exchange teachers at $31.50 weighted 

wage). 

• Host School provision of written 

offer letters of full-time teaching and 

attestations of temporary status of 

teaching positions and 

commensurateness of compensation at 

22 CFR 62.24(f)(1) and (4)–(5): $51,744. 

(One hour multiplied by 1,200 schools 

hosting exchange teachers at $43.12 

weighted wage). 

• Host schools that wish to extend 

their exchange teacher’s program into a 

fourth and/or fifth year will need to 

provide documentation to the sponsor 

as set forth at 22 CFR 62.24(k): $10,780. 

(One hour to fulfill extension 

requirements multiplied by 250 

exchange teachers at $43.12 weighted 

wage). 

• Sponsor review of host school 

request for extension as set forth at 22 

CFR 62.24(k): $7,875 in new costs. (One 

hour to fulfill extension requirements 

multiplied by 250 exchange teachers at 

$31.50 weighted wage). 

• Exchange teacher organization of 

the cross-cultural program component 

and writing of related report under 22 

CFR 62.24(h): $315,120. (Three hours 

multiplied by 4,000 exchange teachers 

on program at $26.26 weighted wage). 

• Sponsor assistance to exchange 

teachers on the cross-cultural 

component and review of their reports 

under 22 CFR 62.24(h): $126,000, of 

which $63,000 are new costs. (One hour 

multiplied by 4,000 exchange teachers 

at $31.50 weighted wage). 

Additional new annual recordkeeping is as follows: 

• Recordkeeping for exchange 

teachers on extension: 250 files of 

extending exchange teachers annually at 

$5 per file to equal $1,250, which are 

new costs. 

• Storing annual report with crosscultural component: 7,000 exchange 

teachers multiplied by $5 per teacher to 

equal $35,000, which are new costs. 

Abstract of collection. 

The collection is the continuation of 

information collected and needed by the 

Bureau of Educational and Cultural 

Affairs in administering the Exchange 

Visitor Program (J-Nonimmigrant) under 

the provisions of the Mutual 

Educational and Cultural Exchange Act, 

as amended, 22 U.S.C. 2451 et seq. This 

final rule will require amendment of 

Form DS–7000 (Non-SEVIS Collection), 

as follows: 

The Department requires sponsors 

under 22 CFR 62.24(g) to provide 

foreign teachers at the time of 

recruitment and again at the time of 

selection with a summary of program 

fees and costs, thereby enhancing 

transparency and better ensuring that 

exchange teachers understand the 

financial obligations they assume when 

choosing to participate in the Exchange 

Visitor Program. The cost of this 

requirement will come from adding a 

summary to the existing sponsor 

recruiting materials and Web site and 

disseminating this fee and cost 

summary to the individual exchange 

teacher at the time of selection into the 

program. 

Successful foreign teacher applicants 

must demonstrate to the sponsor, as set 

forth under 22 CFR 62.24(d)–(e), that 

they meet qualifications for teaching at 

the primary, including pre-kindergarten, 

or secondary levels in schools in their 

home country; are working as a teacher 

in their home country at the time of 

application; and have at least two years 

of full-time teaching experience. They 

must show that they have, at a 

minimum, a degree equivalent to a U.S. 

bachelor’s degree in either education or 

the academic subject field in which they 

plan to teach, demonstrate English 

language proficiency, provide references 

to their good character, and ensure that 

they meet the teaching requirements of 

the U.S. state in which they are placed. 

An exchange teacher who qualifies for 

the program by virtue of having 

completed an advanced degree in 

education or in an academic subject 

matter that he or she intends to teach or 

that is directly related to his or her 

teaching subject field must provide, 

under 22 CFR 62.24(e)(4), a letter signed 

by the head of a school (or another 

individual in an appropriate position of 

authority to speak for the school within 

the foreign country’s school system) in 

another country, preferably that 

exchange teacher’s home country, 

which states that school’s willingness to 

work with the exchange teacher on the 

cultural component. 

In addition, as set forth in 22 CFR 

62.24(d)–(f), sponsors must screen 

prospective exchange teachers before 

accepting them for the program and 

must match them with a suitable host 

school. Such screening includes 

verifying the educational and other 

qualifications of each foreign teacher 

applicant to determine whether he or 

she satisfies all selection criteria; 

reviewing references for each foreign 

teacher attesting to that teacher’s good 

reputation, character, and teaching 

skills; ensuring that each selected 

foreign teacher possesses sufficient 

proficiency in the English language to 

function in American classrooms as 

well as on a day-to-day basis; checking, 

if applicable, that a home school letter 

stating that school’s willingness to work 

with the exchange teacher on a crosscultural component has been submitted; 

checking that host schools appoint 

exchange teachers to temporary 

positions and that these teachers’ 

salaries fall within the range paid to 

similarly-situated U.S. teachers; and 

verifying that each foreign teacher meets 

the requirements of the state in which 

he or she will teach, including criminal 

background check requirements. 

Host schools, as set forth at 22 CFR 

62.24(f)(1), will need to provide the 

sponsor written offers of each exchange 

teacher’s full-time teaching position 

from the placement schools. In addition, 

host schools that wish to extend their 

exchange teacher’s program into the 

fourth or fifth year will need to have 

sponsors apply on their behalf to the 

Department for an extension, as set forth 

in 22 CFR 62.24(k). As also set forth in 

22 CFR 62.24(k), sponsors will need to 

collect and submit extension requests to 

the Department and reply to the host 

school. 

Finally, to ensure that this program 

remains an educational and cultural 

exchange program, the Department 

mandates under 22 CFR 62.24(h) that 

exchange teachers organize an activity 

in a public setting where there is direct 

interaction with host school students or 

with the host community and, in 

addition, involve U.S. students in a 

dialogue or other activity with schools 

or students in another country, 

preferably with the exchange teacher’s 

home school. Additional costs will 

accrue to sponsors, who will need to 

assist exchange teachers with the crossVerDate Sep<11>2014 12:10 Jan 28, 2016 Jkt 238001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\29JAR1.SGM 29JAR1

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cultural component and review their 

cross-cultural activity reports, and to 

exchange teachers, who will need to 

carry out and report on these activities. 

Additional Information 

The total number of sponsor 

organizations designated by the 

Department to conduct teacher 

exchange program activities is 54. 

Around 1,200 new exchange teachers 

are expected annually in the Teacher 

exchange category to conduct exchanges 

in a similar number of new host schools, 

with an estimated 2,300 additional 

exchange teachers and host schools 

continuing their exchange on three year 

programs, and 250 exchange teachers 

annually extending their exchanges 

times two years, the duration of the 

permissible extension period, equaling 

an additional 500 exchange teachers, for 

a total of up to 4,000 exchange teachers 

in the United States at a given time. 

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: 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.; 22 U.S.C. 2651(a); Pub. 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; Pub. L. 104– 

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

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

L. 107–173, 116 Stat. 543. 

■ 2. Section 62.24 is revised to read as 

follows: 

§ 62.24 Teachers. 

(a) Purpose. The regulations in this 

section govern exchange visitors who 

teach full-time in accredited public and 

private U.S. primary and secondary 

schools (K–12), including prekindergarten language immersion 

programs offered as regular courses of 

study by accredited primary schools. 

Programs in this category promote the 

interchange of U.S. and foreign teachers 

and enhance mutual understanding 

between the people of the United States 

and other countries. Exchange teachers 

sharpen their professional skills and 

participate in cross-cultural activities in 

schools and communities, and they 

return home after the exchange to share 

their experiences and increased 

knowledge of the United States and the 

U.S. educational system. Such 

exchanges enable foreign teachers to 

understand better U.S. culture, society 

and teaching practices at the primary 

and secondary levels, and enhance U.S. 

students’ knowledge of foreign cultures, 

customs and teaching approaches. 

(b) Designation. The Department may, 

in its discretion, designate bona fide 

programs satisfying the objectives in 

paragraph (a) of this section as exchange 

visitor programs in the Teacher 

category. 

(c) Definitions. In addition to those 

definitions set forth in § 62.2, the 

following definitions apply to the 

Teacher category of the Exchange 

Visitor Program: 

(1) Accredited primary or accredited 

secondary school: Any publicly or 

privately operated primary or secondary 

institution for educating children in the 

United States that offers mainly 

academic programs and is duly 

accredited by the appropriate academic 

accrediting authority of the jurisdiction 

in which such institution is located. 

(2) Full-time teaching: A minimum of 

32 hours per week of teaching or 

teaching-related administrative 

activities. 

(3) Home country school: An 

exchange teacher’s school in his or her 

country of nationality or last legal 

country of residence. 

(4) Host school: The U.S.-accredited 

primary or secondary school in which a 

sponsor places an exchange teacher 

pursuant to the exchange teacher’s 

written acceptance of the placement. 

(5) International school: A school that 

is so designated by its school district, 

state, or other applicable governing 

authority, or one whose curriculum 

focuses predominantly on international 

aspects of the subject matter taught and/ 

or language immersion, or one that 

predominantly follows a national 

curriculum of a foreign country. 

(6) Language immersion program: A 

program that is a regular course of study 

offered by an accredited school having 

sustained and enriched instruction, in a 

language not native to the majority of 

the student population, that occurs for 

at least fifty percent of the school day. 

(7) Virtual exchange: A technologyenabled, sustained, people-to-people 

cross-cultural educational program that 

may supplement the goals of an inperson exchange and integrates global 

knowledge, cultural awareness, and/or 

foreign language into the classroom or 

other setting. 

(d) Teacher eligibility. Foreign 

nationals are eligible to participate in 

exchange visitor programs as full-time 

teachers if, at the time of initial 

application to the sponsor, an 

individual making such application 

demonstrates to the satisfaction of the 

sponsor that he or she: 

(1) Either: 

(i) Meets the qualifications for 

teaching at the primary, including prekindergarten, or secondary levels in 

schools in his or her home country; is 

working as a teacher in his or her home 

country at the time of application; and 

has at least two years of full-time 

teaching experience; or 

(ii) Is not working as a teacher in his 

or her home country at the time of 

application, but otherwise meets the 

qualifications for teaching at the 

primary (including pre-kindergarten) or 

secondary levels in schools in the home 

country; has had at least two years of 

full-time teaching experience within the 

past eight years; and, within 12 months 

of his or her application submission 

date for the program, has or will have 

completed an advanced degree (beyond 

a degree equivalent to a U.S. bachelor’s 

degree) in education or in an academic 

subject matter that he or she intends to 

teach or that is directly related to his or 

her teaching subject field; 

(2) Possesses, at a minimum, a degree 

equivalent to a U.S. bachelor’s degree in 

either education or the academic subject 

field in which he or she intends to 

teach; 

(3) Satisfies the teaching eligibility 

standards of the U.S. state in which he 

or she will teach (e.g. meets minimum 

educational requirements, has passed 

teacher training coursework at a 

sufficiently proficient level, has 

provided an evaluation of foreign 

teaching preparation coursework, has 

demonstrated the requisite prior 

teaching experience), to include any 

required criminal background or other 

checks; 

(4) Is of good reputation and 

character; and 

(5) Agrees to come to the United 

States temporarily as a full-time teacher 

of record in an accredited primary or 

secondary school. Exchange teachers 

may teach a variety of subjects and 

levels at their host school or schools, if 

qualified, but at the pre-kindergarten 

level, may teach only in language 

immersion programs. 

(e) Teacher selection. Sponsors must 

screen foreign teachers carefully before 

accepting them for the program. In 

addition to the requirements set forth in 

§ 62.10 and all security checks required 

by U.S. state departments of education 

and host schools, sponsors also must: 

(1) Verify the qualifications of each 

foreign teacher to determine whether he 

or she satisfies the criteria set forth in 

paragraph (d) of this section; 


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(2) Secure references from one 

colleague and one current or former 

supervisor of each foreign teacher, 

attesting to that teacher’s good 

reputation, character and teaching 

skills; 

(3) Verify that each selected foreign 

teacher applicant possesses sufficient 

proficiency in the English language to 

function in U.S. classrooms and to 

function on a day-to-day basis, in 

accordance with the provision for 

selection of exchange visitors set forth at 

§ 62.10(a)(2); and 

(4) Verify that each foreign teacher 

who is eligible for the program under 

paragraph (d)(1)(ii) of this section has a 

letter from the head of a school in 

another country, preferably that 

teacher’s home country, which states 

that school’s willingness to work with 

the exchange teacher on the crosscultural activity component set forth in 

paragraph (h)(1)(ii). The foreign school 

with which the exchange teacher plans 

to work must be at the same academic 

level as the foreign teacher’s proposed 

host school. The letter submitted as part 

of the foreign teacher’s application 

package must be signed by the head of 

the school or another individual in an 

appropriate position of authority to 

speak for the school within the foreign 

country’s school system; the official 

signing the letter must list both email 

and telephone contact information. The 

letter may be submitted in English or in 

the original language of the home 

country with an English translation; the 

name, title/organization and contact 

information of the translator must be 

noted on the translation. 

(f) Teaching position. Sponsors must 

ensure that: 

(1) Forms DS–2019 are not issued 

until foreign teacher applicants have 

received and accepted written offers of 

full-time teaching positions from the 

accredited primary (including prekindergarten level) or secondary schools 

in which they will teach; 

(2) Program dates coincide with the 

U.S. academic year cycle to ensure a 

smooth transition as exchange teachers 

arrive and depart, unless the sponsor 

notifies, and receives approval from, the 

Department for other exchange dates 

before the sponsor issues any Form DS– 

2019; sponsors should ensure that these 

dates are included in the exchange 

teacher’s contract; 

(3) Exchange teachers comply with 

any applicable collective bargaining 

agreement; 

(4) Exchange teacher appointments to 

positions within accredited primary or 

secondary schools are temporary, even 

if the teaching positions are permanent, 

and do not lead to tenure; exchange 

teachers must be employees of either the 

host or home school during their 

exchange. 

(5) Teaching positions, including 

duties, responsibilities, hours of 

employment, and compensation, are 

commensurate with those of similarlysituated U.S. teachers in the school 

district or host school where that 

exchange teacher is assigned to teach; 

an exchange teacher, unless he or she is 

on a program where the Department is 

the sponsor, must be employed by and 

under the direct supervision and 

guidance of his or her host school and, 

where applicable, host school district; 

and 

(6) A pre-kindergarten level exchange 

teacher is assigned to teach full-time in 

an accredited host school (or in several 

schools within the same host school 

district, including at several academic 

levels, with prior permission from the 

Department). If an exchange teacher is 

placed in a private school where there 

is no host school district, then he or she 

must teach a full-time schedule of at 

least 32 hours in a school or schools 

located no more than 25 miles from the 

main host school; in such a situation, 

sponsors must ensure that reasonable 

and effective modes of transportation 

exist to such additional sites of activity. 

An exchange teacher may teach at the 

pre-kindergarten level only in a 

language immersion program offered as 

regular course of study by an accredited 

primary school. 

(g) Program disclosure. (1) As part of 

recruitment, in addition to the 

information required by § 62.10(b)–(c), 

sponsors must provide on their main 

Web sites and in their recruiting 

materials a general summary of fees and 

other costs for the program. This 

summary should include, but not be 

limited to, the sponsor fee; foreign or 

domestic third party or partner fees; visa 

fee; the Student and Exchange Visitor 

Information System (SEVIS) fee; 

insurance costs; estimates for food, 

housing and local transportation costs; 

expected work-related deductions; and 

estimates or ranges for all other fees 

charged for and significant general costs 

related to participation in the teacher 

exchange program. 

(2) At the time a foreign teacher is 

selected for the program, and before the 

exchange visitor signs any contracts 

with the host school, sponsors and/or 

the host school must provide each 

individual exchange teacher the 

following information, either within the 

teacher’s contract or in a separate 

document: The name, location, and brief 

description of the host school; the terms 

and conditions of compensation (with 

deductions from gross salary); any 

provisions affecting the ability of the 

exchange teacher to be accompanied 

abroad by a spouse or dependents 

(including any related assistance and 

allowances); a summary of the 

significant components of the program 

(including a statement of the teaching 

requirements and related professional 

obligations, as well as the required 

cross-cultural activity component as set 

forth in paragraph (h) of this section); 

specific information on the fees and 

costs for which the exchange teacher 

will be responsible while on exchange 

in that school district in accordance 

with paragraph (g)(1); anticipated 

housing options and cost implications; 

specific local transportation options 

between the exchange teacher’s 

residence and the host school and 

transportation cost estimates; insurance 

costs for accident or illness coverage, 

repatriation of remains and medical 

evacuation as required by § 62.14; 

estimated personal expense money for 

initial costs the exchange teacher may 

incur upon arrival in the United States 

prior to receiving his or her first 

paycheck; certification or licensure 

procedures and costs at the host school; 

administrative fees; and any placement 

fees. Exchange teacher compensation, 

unless provided directly to the exchange 

teacher through government funding, 

through continued support from the 

exchange teacher’s home school, or from 

both the teacher’s home and host school 

in a shared cost arrangement, must be 

paid directly by the host school or host 

school district in which the exchange 

teacher is placed. 

(h) Cross-cultural activity component. 

In addition to the requirements of 

§ 62.10: 

(1) Sponsors must require each 

exchange teacher to complete, within 

the United States, and during each 

academic year of program participation, 

at least one cross-cultural activity from 

each of the following two categories: 

(i) An activity for the teacher’s 

classroom, larger host school or host 

school district population, or the 

community at large designed to give an 

overview of the history, traditions, 

heritage, culture, economy, educational 

system and/or other attributes of his or 

her home country. Sponsors of exchange 

teachers placed at international schools 

must require their exchange teachers to 

conduct at least one cross-cultural 

activity per academic year outside the 

host school in nearby schools or 

communities where international 

opportunities may be more limited than 

those found in their host school; and 

(ii) An activity that involves U.S. 

student dialogue with schools or 

students in another country, preferably 


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Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Rules and Regulations 4957 

in the exchange teacher’s home school, 

through virtual exchange or other 

means, in order to supplement the goals 

of the in-person exchange. 

(2) Sponsors must collect annual 

reports from their exchange teachers 

detailing the cross-cultural activity 

component of their exchange program. 

The annual report does not have to be 

in a specific format, but must include 

the exchange teacher’s full name and 

the program sponsor’s name. The report 

section about the cross-cultural activity 

component must contain the following 

information: 

(i) The date(s) of each activity; 

(ii) The location of each activity; 

(iii) The audience for and participants 

in each activity; 

(iv) A general overview of each 

activity, including the topic; and 

(v) The estimated impact of each 

activity. 

(i) Location of the exchange. 

Exchange teachers must participate in 

exchange visitor programs at the 

accredited primary or secondary schools 

listed on their Forms DS–2019 or at 

location(s) where the institutions are 

involved in official school activities 

(e.g., school field trips, teacher 

development programs); 

(j) Duration of participation. 

Exchange teachers may be authorized to 

participate in the Exchange Visitor 

Program for the length of time necessary 

to complete the program, which may not 

exceed three years unless a specific 

extension of one or two years is 

authorized by the Department as set 

forth in paragraph (k) of this section. 

(k) Program extensions. (1) Sponsors 

may request from the Department an 

extension of an exchange teacher’s 

exchange by either one or two years, but 

not by a semester or by other fractions 

of academic years. 

(2) The sponsor’s request for 

extension must include: 

(i) A letter of reference on official 

letterhead written by the host school or 

host school district administrator 

responsible for overseeing the exchange 

teacher that describes the exchange 

teacher’s performance during the 

previous three years of the exchange 

and how the host school has benefited 

from the exchange teacher’s presence; 

and 

(ii) a document describing how the 

exchange teacher over the previous 

three years has engaged his or her 

classroom, the wider host school or host 

school district, or community through 

the cross-cultural activity component, if 

these activities are not already detailed 

in the exchange teacher’s annual 

reports. 

(3) Sponsors must submit their 

extension request and supporting 

documentation for the extension to the 

Department no later than three months 

prior to the beginning of the desired 

extension period for the exchange 

teacher. 

(4) Sponsor requests for extension 

must include proof of payment of the 

required non-refundable extension fee 

as set forth in § 62.17. 

(5) The Department, at its discretion, 

may authorize a sponsor to extend an 

exchange teacher’s participation for 

either one or two additional years 

beyond the initial three-year exchange 

period. Sponsors must comply with all 

Department guidance on creating an 

extension record for the teacher within 

SEVIS. 

(6) Sponsors that applied for a twoyear extension on behalf of a host school 

and its exchange teacher and received 

permission from the Department only 

for a one-year extension may apply 

again to extend the program of that host 

school’s exchange teacher for one 

additional year by following the 

procedures set forth in paragraphs 

(k)(2)–(4) of this section. The sponsor 

should include with such additional 

extension request a copy of the prior 

extension request submitted to enable 

the initial one-year extension. 

(l) Repeat participation. Foreign 

nationals who have successfully 

completed teacher exchange programs 

are eligible to participate in additional 

teacher exchange programs, provided 

that they have resided outside the 

United States for at least two years 

following the successful completion of 

their most recent teacher exchange 

program and continue to meet the 

eligibility requirements set forth in 

paragraph (d) of this section. 

Dated: January 14, 2016. 

Robin J. Lerner, 

Deputy Assistant Secretary for Private Sector 

Exchange, Bureau of Educational and 

Cultural Affairs, Department of State. 

[FR Doc. 2016–01421 Filed 1–28–16; 8:45 am] 

BILLING CODE 4710–05–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2015–0085; FRL–9933–49– 

Region 8] 

Approval and Promulgation of State 

Implementation Plan Revisions; Rules, 

General Requirements and Test 

Methods; Utah 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving State 

Implementation Plan (SIP) revisions 

submitted by the State of Utah on 

January 28, 2010, September 16, 2010, 

June 18, 2013, and August 29, 2014. 

These submittals revise the rules, 

general requirements and test methods 

for the State of Utah. The amendments 

also update the version of the Code of 

Federal Regulations (CFR) incorporated 

by reference into the rules of the State 

of Utah. EPA is not taking action on an 

April 26, 2012 submittal or a November 

4, 2013 submittal because they have 

been superseded by the August 29, 2014 

submittal. EPA is taking this action in 

accordance with section 110 of the 

Clean Air Act (CAA). 

DATES: This final rule is effective 

February 29, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2015–0085. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. EPA requests that if at all 

possible, you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. You may view the hard 

copy of the docket Monday through 

Friday, 8:00 a.m. to 4:00 p.m., excluding 

federal holidays. 

FOR FURTHER INFORMATION CONTACT: Jody 

Ostendorf, Air Program, U.S. 

Environmental Protection Agency 

(EPA), Region 8, Mail Code 8P–AR, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129, 303–312–7104, 

ostendorf.jody@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background for Our Final Action 

The background for today’s final rule 

is discussed in detail in our June 19, 

2015 proposal (see 80 FR 35295). The 

comment period was open for 30 days 

and we received no comments. 


jstallworth on DSK7TPTVN1PROD with RULES