SUPPLEMENTARY INFORMATION:

The Secretary of State is authorized to promulgate such rules and regulations as may be necessary to carry out the functions of the Department of State. 22 U.S.C. 2651a(a)(4). The Mutual Educational and Cultural Exchange Act of 1961, as amended, authorized the Department of State (and the newly established Bureau of Education and Cultural Affairs) to carry out the purposes of and manage, coordinate, and oversee programs established pursuant to the Act. 22 U.S.C. 2451 et seq. The Department of State is proposing modifications to Subpart C of the Code of Federal Regulations, Title 22: Foreign Relations, Part 62—Exchange Visitor Program (Subpart C—Status of Exchange Visitors). Subpart C governs the status of nonimmigrant exchange visitors who travel to the United States on J-1 visas and their accompanying spouses and/or dependents, if any, who travel to the United States on J-2 visas. This proposed rule specifically addresses termination of program participation under 22 CFR 62.40, extension of an exchange visitors' program under 22 CFR 62.43, and reinstatement of exchange visitor records to valid program status under 22 CFR 62.45. The status of any accompanying spouses and/or dependents mirrors the status of the exchange visitors they accompany. For purposes of this proposed rule, references to exchange visitor records include the records of accompanying spouses and/or dependents unless stated otherwise.

Subpart C was last modified in 1999, when the former U.S. Information Agency (USIA), which previously had oversight of the Exchange Visitor Program, issued an interim final rule with request for comment (64 FR 44123, Aug. 13, 1999). That rule replaced a prior policy statement published in the Federal Register on April 24, 1997. The 1999 regulations were developed for operation in a paper-based environment.

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) directed the Attorney General to create an electronic system to collect information on F, M, and J nonimmigrants in response to concerns that such individuals could fall out of status and remain in the United States without authorization. In 2001, section 416 of the USA PATRIOT Act (Pub. L. 107-56) amended IIRIRA to mandate the expansion and implementation of that system. In January 2003, the Department of Homeland Security (DHS) and the Department launched SEVIS, a web-based platform for tracking and monitoring F, M, and J nonimmigrants throughout the duration of their participation in approved programs.

Termination of Program Participation

This proposed rule addresses the termination of exchange visitor program participation under 22 CFR 62.40. The proposed rule provides an additional basis for which a sponsor must terminate an exchange visitor's participation in their exchange program; namely, when an exchange visitor falsifies or fails to provide a full and truthful response, information, or documents as part of his or her exchange visitor application or during the ongoing exchange program.

The proposed rule also amends 22 CFR 62.40 to expand circumstances where the Department may exercise its discretionary authority to terminate exchange visitor program participation. Under the proposed rule, the Department may terminate an exchange visitor's status when the Department or DHS has revoked or cancelled a visa with immediate effect. In such cases, the individual must immediately leave the country or risk removal. The proposed rule also provides that the Department may terminate an exchange visitor's program when an exchange visitor falsifies or fails to provide a full and truthful response, information, or documents as part of his or her exchange visitor application or during the ongoing exchange program. For example, exchange visitors may be asked to provide proof of a U.S. address, educational qualifications, or attendance at the site of activity. Accurate information is necessary for the sponsors and the Department to assess whether exchange visitors continue to meet the conditions of their nonimmigrant status. A new procedure is also being proposed where an exchange visitor may challenge the Department's termination decision for unauthorized employment or falsifying information or documentation by submitting a statement in opposition within 10 business days of the Department's written notice. Exchange visitors may not appeal on the basis of hardship or other equitable considerations. These regulatory changes are intended to further support the program's objectives of ensuring visitor welfare, program integrity, and national security.

Extension of Program

The proposed replacement of 22 CFR 62.43 (Extension of Program) streamlines and clarifies the processes for extensions, both within and beyond the maximum program duration, by integrating these procedures with SEVIS functionalities. Sponsors currently have the authority to extend exchange visitor programs up to the permitted duration of the category of exchange programs. However, consistent with existing regulations, if exchange visitors are seeking to extend beyond the permitted maximum duration, sponsors must obtain Department approval. This rule proposes to establish a deadline for submitting such extension requests. After submitting the electronic application for extension in SEVIS, the Department must receive the supporting documentation no later than three months prior to the new extension period. There will be no exceptions for late submissions.

To ensure consistency across all program categories, this proposed rule deletes 22 CFR 62.31(o) extension of program under the Au pair category, which currently stateses: “Applications to the Department for extensions of six, nine, or 12 months, must be received by the Department not less than 30 calendar days prior to the expiration of the exchange visitor's initial authorized stay . . .” Under this proposed rule, extensions for au pairs will be governed by the general rules and timelines contained in the proposed 22 CFR 62.43, which will require submission 90 days prior to the expiration of the exchange visitor's program end date. These revisions align with Executive Order 14219 (“Ensuring Lawful Governance and Implementing the President's 'Department of Government Efficiency' Deregulatory Initiative”, 90 FR 10583, Feb. 19, 2025), which directs agencies to streamline obsolete regulatory provisions.

Reinstatement to Valid Program Status

The Department monitors the valid program status of exchange visitors in SEVIS. Designated sponsors must use SEVIS to validate initial program participation, report failures to begin programs, and indicate the early completion or termination of programs (22 CFR 62.13). Whether an exchange visitor completes their program ahead of schedule, voluntarily ends their participation, or has their program involuntarily terminated, sponsors must promptly update the exchange visitor's record in SEVIS to reflect this change and keep the status of the exchange visitor's SEVIS record up to date. This proposed rule revises 22 CFR 62.2 by adding a definition for “Valid Program Status” as the current and accurate status of an exchange visitor's SEVIS record from the time designated sponsors issue a Form DS-2019 through the visitor's active participation in an exchange program and including the visitor's final status upon completion, cessation, graduation, termination, or other program conclusion. The definition relates to any current or future status as contained in the SEVIS record: Initial, Active, Inactive, Terminated, Transferred, Invalid, and No Show. The proposed rule also adds a definition for “Unauthorized Employment,” aligning it with existing U.S. Citizenship and Immigration Services (USCIS) policy language. DHS administers and enforces the Immigration and Nationality Act (INA), as amended. Other federal and state agencies rely on SEVIS data to determine compliance with laws and regulations.

When SEVIS was implemented, designated sponsors transitioned from paper files to electronic reporting. Sponsors are required under 22 CFR 62.12(a)(2) to maintain accurate, current, and updated SEVIS records. They must also ensure that program participation matches the activities described in SEVIS and listed on the Form DS-2019 (22 CFR 62.10(d)).

Sponsors must report program status violations in SEVIS. When a record does not accurately reflect an exchange visitor's program status, whether through administrative oversight, inadvertence, or neglect on the part of the sponsors, exchange visitors, or both, or due to unexpected circumstances beyond their control, the sponsor must either correct the record or request a reinstatement.

The current regulation categorizes violations into three types: (1) minor or technical infractions, (2) substantive violations, and (3) non-reinstatable violations. The proposed rule eliminates the distinction between minor or technical infractions and substantive violations, requiring that, within 30 days, sponsors fix an exchange visitor's record in SEVIS using the Correct SEVIS Status process for all but non-reinstatable violations. This proposed rule provides a simplified system to ensure data integrity by replacing the previous deadlines of 120 days for minor infractions and giving sponsors an easy way to ensure accurate SEVIS records without compromising the program or requiring Department approval. Thus, the “Correct SEVIS Status” action must be used when a sponsor mistakenly changes the status of an exchange visitor's SEVIS record to Active, Inactive, Terminated, Transferred, Invalid, and No Show due to administrative error, neglect, or circumstances beyond their control, or when the error is caused by system changes. The Correct SEVIS Status action must also be used if an exchange visitor fails to request a timely update, such as a transfer or program extension, causing their record to mistakenly reflect an incorrect status, or if a student fails to maintain a full course of study (as defined in § 62.2) without prior consultation with the sponsor and their academic advisor.

Sponsors will have 30 days from the date the SEVIS record went into the incorrect status to use the Correct SEVIS Status action to return SEVIS records to Active or Inactive status with no application or fee to the Department of State. There is no time limit for changing records from Invalid or Active status to Initial status if the exchange visitor has not entered the United States.

The “Correct SEVIS Status” action updates the status of the exchange visitor's record immediately. If the J-2 spouse and/or dependent's SEVIS record changed alongside the J-1, it will automatically update. If not, the J-2 record must be corrected separately. If a sponsor is unable to correct the SEVIS record using the 30-day window, a Reinstatement application must be submitted.

Previously, the Department would not consider requests made after 270 days, as such delays were seen as a lack of program continuity. In an effort to align with the policies provided by DHS, the Department will evaluate requests to reinstate exchange visitor records to Active status if the exchange visitor has not been out of status for more than the time period DHS has set (currently five months). If the exchange visitor has been out of status for more than the time established in DHS's policy, the Department will only consider requests where the sponsor can demonstrate that the failure to file was due to exceptional circumstances and that the request was filed as promptly as possible under those circumstances. There is no time limit for requesting a reinstatement to update a record to Inactive status.

Sponsors may not use the Correct SEVIS Status action or submit a Reinstatement application to update an exchange visitor's record to Active status if the exchange visitor:

• Did not maintain their original program objective identified under their category in22 CFR part 62 Subpart B (Specific Program Provisions);
• Failed to maintain required insurance coverage required by22 CFR 62.14;
• Was involuntarily suspended or terminated by sponsor or host organization;
• Received a favorable waiver recommendation under INA § 212(e);
• Received DHS approval for a change of status to a different nonimmigrant class of admission; or
• Failed to pay the fee mandated byPublic Law 104-208.

Reinstatement applications must be initiated in SEVIS and followed by submission of supporting documentation within ten (10) days to the Department. Sponsors must pay a non-refundable fee (listed in 62.17) and submit a written statement on official letterhead declaring:

• The exchange visitor's continued pursuit of the original program objective;
• That the lapse was due to oversight, inadvertence, or factors beyond the control of the sponsor;
• That denial would impose unusual hardship on the exchange visitor;
• That no unauthorized employment occurred; and,
• The exchange visitor's accurate program end date.

The proposed rule relocates and updates the definition of “Unauthorized Employment” to § 62.2. It mirrors the language found in Volume 7, Part B, Chapter 6 of the U.S. Citizenship and Immigration Services (USCIS) Policy Manual,^[1] which defines unauthorized employment as:

“[A]ny service or labor performed for an employer within the United States by an alien who is not authorized by the INA or USCIS to accept employment or who exceeds the scope or period of the alien's employment authorization.” ^[2]

For purposes of this rule, unauthorized employment does not include activities that are normally approvable and appropriate for the visitor's category ( e.g., honoraria for scholars giving lectures or consultations).