Page images
PDF
EPUB

$ 62.4 Copies of regulations to Depart.

ment of State. In order to enable the Secretary of State to reply to inquiries received from the governments of the other American repubilcs, the Department of State shall be promptly supplied with copies of the regulations drafted by the other departments and agencies of the Government and of subsequent amendments thereto. $ 62.5 Granting of application.

Upon receipt of a reply from another department or agency of the Government, as contemplated by $ 62.3, in which it is recommended that an application be granted, the Secretary of State shall notify the government of the American republic concerned, through diplomatic channels, that permission to receive the instruction requested in the application is granted, provided the applicant complies with the terms of this part and with the terms of the administrative regulations of the department or agency concerned. $ 62.6 Limitations.

In granting permission to citizens of the other American republics to receive instruction under the provisions of the said act of June 24, 1938, the Secretary of State shall limit the number of such permissions so that not more than one citizen of any one American republic shall receive instruction at the same time in the United States Military Academy; and he shall not grant any such permission to a citizen of any of the American republics to receive instruction in any institution or school if the issuance of such permission will curtail the admission of citizens of the United States eligible to receive instruction therein. PART 63—EXCHANGE-VISITOR

PROGRAM

Subpart A-General Sec.

Definitions. 63.2 Types of participants.

Subpart B-Exchange-Visitor Programs 63.11 Application for Exchange-Visitor Pro

gram designation. 63.12 Sponsor obligations. 63.13 Duties of Responsible Officer. 63.14 Action on applications for Exchange

Visitor Program designation. 63.15 Assignment of serial number. 63.16 Revocation of designation.

Subpart C-Exchange Visitors Sec. 63.21 Notification to Exchange Visitors;

summary of instruction to apply for

J visas and entries. 63.22 Applications for change or adjustment

of status to or from Exchange Visitor, for extensions, and for program

transfers. 63.23 General limitations of stay. 63.24 Prohibition of employment not related

to program; exception for students in certain circumstances; possible

exception for immediate family. Subpart D-Waiver Procedures in Certain Cases 63.31 Requests for waivers of the home

country physical presence requirement of the Immigration and Na

tionality Act, as amended. 63.32 Action by the Secretary on requests

for waivers. AUTHORITY: The provisions of this part 63 issued under sec. 4, 63 Stat. 111; secs. 102, 109(a) (b)(d), 75 Stat. 527, 534, 535; secs. 101(a) (15) (J), 104(a), 212(e), 66 Stat. 166, 174, 182, 184; sec. 2, 84 Stat. 116, 117 (22 U.S.C. 2658, 2452; 8 U.S.C. 1101(a) (15) (J), 1104 (a), 1182(e), 1258)

SOURCE: Dept. Reg. 108.655, 37 F.R. 5940, Mar. 23, 1972, unless otherwise noted.

CROSS REFERENCES: For consular procedure with respect to issuance of visas to exchange visitors, see 22 CFR 41.65 of this chapter.

Subpart A-General $ 63.1

Definitions. The following definitions shall be applicable to this part:

“Act” means the Mutual Educational and Cultural Exchange Act of 1961, as amended;

“Country of his nationality or his last residence" means either the country of which the exchange visitor was a national at the tim acquired status as an exchange visitor or the last foreign country in which he had permanent or legal residence before he acquired status as an exchange visitor;

“Department” means the Department of State of the United States of America;

"Exchange Visitor" means a “participant” and his “immediate family” as defined in this section;

"Exchange-Visitor Program” means a program of a sponsor designed to promote interchange of persons, knowledge and skills, and the interchange of developments in the field of education, the arts and sciences, and concerned with one or more categories of "participants” as de

63.1

[ocr errors]

fined in this section, which has been designated as such by the Secretary of State, to promote mutual understanding between the people of the United States and the people of other countries;

"Financed directly" means financed in whole or in part by the U.S. Government or the government of the participant's nationality or last residence with funds contributed direcóly to the alien or for his use in connection with his participation in an Exchange-Visitor Program;

"Financed indirectly” means (a) financed by an international organization, with funds contributed by either the United States or the participant's government for use in financing such exchanges, or (b) financed by an organization or institution, with funds made available by either government for the

pecific purpose of furthering such international exchange;

"Home-country physical presence requirement” means the requirement that a participant who is within the purview of section 212(e) of the Immigration and Nationality Act, as amended by section 2 of the Act of April 7, 1970, Public Law 91–225 (84 Stat. 116, 117), substantially quoted in § 63.31(a), must reside and be physically present in the country of his nationality or his last residence for an aggregate of at least 2 years following departure from the United States before he is eligible to apply for an immigrant visa or for permanent residence, or for a nonimmigrant H visa as a temporary worker or trainee, or for a nonimmigrant L visa as an intracompany transferee, or for a nonimmigrant H or L visa as the spouse or minor child of a person who is a temporary worker or trainee or an intracompany transferee.

"Immediate family" means the alien spouse and minor unmarried children of à participant who are accompanying or following to join him, and who are seeking to enter or have entered the United States temporarily on a J-2 visa or are seeking to acquire or have acquired such status after admission;

“Participant” means any foreign national who has been selected by a sponsor to participate in an Exchange-Visitor Program and who is seeking to enter or has entered the United States temporarily on a J-1 visa, or who is seeking to acquire or has acquired such status

after admission, including, but not limited to the categories listed in § 63.2;

"Participant's government" means the government of the country of his nationality or his last residence;

"Person with required knowledge or skill” means a participant who has specialized or expects to specialize in a field of knowledge or skill which is clearly required by the country of his nationality or last residence, as designated by the Secretary in a separate schedule;

“Responsible Officer” means the official of an organization sponsoring an Exchange-Visitor Program who has been listed with the Department as being responsible for administering the program and carrying out the obligations which the organization assumes in undertaking to sponsor a program (see § 63.13). The designation of an alternate Responsible Officer is permitted and encouraged;

"Secretary” means either the Secretary of State of the United States of America or an officer duly designated by him;

"Sponsor" means any reputable U.S. agency or organization or recognized international agency or organization having U.S. membership and offices which makes application as hereinafter prescribed to the Secretary for designation of a program under its sponsorship as an Exchange-Visitor Program and whose application is approved. 8 63.2 Types of participants.

Participants include, but are not limited to, the following types:

(a) A "student,” for the purpose of pursuing formal courses, or any combination of courses, research, or teaching, leading to a recognized degree or certificate, in an established school or institution of learning; or

(b) A "trainee,” for the purpose of obtaining practical training in a specialized field of knowledge and skill. An exchange visitor is considered a trainee (1) when he pursues a training program after receipt of a degree or recognized certificate from a U.S. educational institution, or (2) when he enters the United States initially for the purpose of training at a business or industrial institution; or

(c) A "teacher," for the purpose of teaching in established primary or sec

or

an

ondary schools, or established schools offering specialized instruction; or

(d) A "professor," for the purpose of teaching or conducting advanced research, or both, in an established institution of higher learning; or

(e) A "research scholar" or "specialist,” for the purpose of undertaking or participating in research; or

(f) An “international visitor,” for the purpose of travel, observation, consultation, research, training, sharing, or demonstrating specialized knowledge skills, or participating in organized people-to-people programs; or

(g) A “professional trainee,” for the purpose of pursuing clinical training in the medical and allied fields. Subpart B-Exchange-Visitor

Programs § 63.11 Application for Exchange-Visi

tor Program designation. Any intending sponsor may apply to the Secretary for designation of a program under its sponsorship as Exchange-Visitor Program. Such application shall be made on Form DSP-37 "Exchange-Visitor Program Application." The application shall be completed in all details and shall be submitted to the Secretary with required supporting documentation. The officer who signs the application thereby indicates he will assume the duties of the responsible officer for administering its program if it is designated. Official correspondence concerning a designated program will be conducted only between the Department and the responsible officer or his alternate. $ 63.12 Sponsor obligations.

Each sponsor shall assume in the application the obligation to:

(a) Notify the District Director of the Immigration and Naturalization Service having administrative jurisdiction over a participant's place of temporary residence if the sponsor terminates an alien's participation in the Exchange-Visitor Program or when a participant: (1) Remains in the United States beyond the period of stay authorized by the Immigration and Naturalization Service as shown on the alien's Form I-94, or (2) has ceased to maintain exchange-visitor status, or (3) has completed the ac

tivity and objective for which he entered the United States and is due to depart;

(b) Provide guidance to participants to enable them to complete the objective for which they sought entry into the United States and to return abroad in accordance with the general limits of stay contained in § 63.23;

(c) Instruct any participant requiring a temporary extension of stay to apply to the Immigration and Naturalization Service between 15 and 30 days before the expiration of the participant's stay and provide the participant requiring the extension with a fully completed Form DSP-66 showing the period and terms of the extension desired;

(d) Sign Part III of Form DSP-66 after Part I has been completed by the responsible officer of the program to which an exchange visitor wishes to transfer if further participation under another Exchange-Visitor Program is considered necessary or desirable to enable the visitor to realize his stated objective;

(e) Submit an annual report to the Department which should cover the operations of its program for the 12-month period ending June 30 and which must be submitted to the Department within 30 days of that date. (The report should show the number of participants sponsored by the organization during the reporting period, broken down by authorized activities, and such other information as may be required by the Department.)

(f) Discharge such other obligations as the Department may inform the sponsor are required in the administration of his particular program. $ 63.13 Duties of responsible officer.

It is the duty of the responsible officer to:

(a) Conduct all correspondence relating to his program with the Department, the Immigration and Naturalization Service or American consular officers. (Reference to the organization's Exchange-Visitor Program by its assigned serial number should always be made in such correspondence as required by $ 63.15);

(b) Advise and assist all participants in his program or programs in their relations with the Department, the Immigration and Naturalization Service or American consular officers;

(c) Execute, sign and control the issuance of Form DSP-66 in accordance with instructions of the Department;

(d) Certify that the activity in which the exchange visitor will engage is one which is authorized under the terms of the official description of his program;

(e) Upon receiving a Form DSP-66, where Part I is completed by another sponsor to whose Exchange-Visitor Program the exchange visitor is transferring, complete Part III when his transfer to the other Exchange-Visitor Program is considered to be clearly within the objective for which the alien sought entry into the United States;

(f) Advise any exchange visitor whose program will extend beyond his authorized stay and/or who desires a transfer to another Exchange-Visitor Program as described in § 63.22 (b) and (c), that he must apply to the Immigration and Naturalization Service for permission, presenting to that Service a newly completed and executed Form DSP-66 for the accomplishment of his intentions, and the temporary entry permit Form I-94 (Arrival-Departure Record) inserted in his passport by that Service;

(g) Notify the District Director of the Immigration and Naturalization Service in accordance with paragraph (a) of § 63.12 if the sponsor terminates an alien's participation in the ExchangeVisitor Program or when a participant: (1) Remains in the United States beyond the period of stay authorized by the Immigration and Naturalization Service as shown on the alien's Form I-94; (2) has ceased to maintain exchange-visitor status (including the circumstances involved); or (3) has completed the activity and objective for which he entered the United States and is due to depart. The notification should include the alien's full name, date and place of birth, and, if known, the date and port of departure, identity of the transportation medium, and his alien registration number;

(h) Submit requests for supplies of Form DSP-66 to the Department and control supplies forwarded (requests from persons other than the Responsible

Officer or his alternate will not be honored);

(i) Inform the Department when the Responsible Officer or the alternate listed in the Department's records will no longer act in this capacity and supply the name and title of the official who will henceforth assume such responsibility;

(j) Inform all interested personnel of his organization concerning its sponsorship of an Exchange-Visitor Program, with particular reference to the functions of the Responsible Officer;

(k) Inform the Department when the organization wishes to discontinue sponsorship of an Exchange-Visitor Program or when it wishes to amend its description;

(1) Prepare and submit the required annual report as described in paragraph (e) of § 63.12;

(m) Respond to requests from the Department and/or the Immigration and Naturalization Service for the views of the sponsor with regard to applications involving waivers of the 2-year home-country physical presence requirement for exchange visitors who are or were sponsored by his institution. § 63.14 Action on applications for Ex

change-Visitor Program Designation. (a) An application for program designation on Form DSP-37 submitted to the Secretary shall be examined to ascertain the adequacy of the information furnished. If sufficient information has not been furnished, the intending sponsor shall be requested to supply information in which the application is deficient. In addition to the information furnished on Form DSP-37, the Secretary may require an intending sponsor to present any evidence of a documentary nature, such as program reports, institutional catalogues, letters of recognition, accreditation, certification or approval, which he may consider necessary in making his determination of the eligibility of the program to be designated as an Exchange-Visitor Program.

(b) Upon receipt and consideration of the Form DSP-37, including any required additional evidence, the Secretary may in his discretion designate the sponsor's program as an Exchange-Visitor Program. The Secretary will notify the sponsor in writing of his decision. Any designation by the Secretary of an Exchange-Visitor Program other than a program sponsored by the Department's Bureau of Educational and Cultural Affairs will not obligate the Secretary or the Department of State in any way with respect to the financial operation of the program or imply any financial responsibility by the Secretary or the Department for participants in such a program. $ 63.15 Assignment of serial number.

(a) If designation is made, the program will be assigned a number within one of the following series:

G-I—Programs sponsored by the Bureau of Educational and Cultural Affairs, Department of State.

G-II—Programs sponsored by the Agency for International Development.

G-III—Programs sponsored by the U.S. Information Agency.

G-IV-Programs sponsored by international agencies or organizations in which the U.S. Government participates.

G-V-Programs sponsored by other national, State, or local governmental agencies.

P-I—Programs sponsored by educational institutions such as schools, colleges, universities, seminaries, libraries, museums, and institutions devoted to scientific and technological research.

P-II—Programs sponsored by hospitals and related institutions.

P-III–Programs sponsored by nonprofit associations, foundations, and institutes.

P-IV-Programs sponsored by business and industrial concerns.

(b) The sponsor will thereafter refer to the assigned serial number in any correspondence with the Secretary, consular officers, or the Immigration and Naturalization Service concerning its Exchange-Visitor Program or any participant in such program. $ 63.16 Revocation of designation.

The Secretary may in his discretion revoke the designation of any ExchangeVisitor Program for any sufficient cause, including, but not limited to:

(a) Failure to maintain educational or training standards as established by competent professional agencies;

(b) Failure to submit complete and accurate reports on program operations when requested by the Secretary;

(c) Misuse of the Exchange-Visitor Program.

Subpart C—Exchange Visitors § 63.21 Notification to Exchange Visi.

tors; summary of instruction to apply

for J visas and entries. (a) The Responsible Officer or alternate shall execute a Form DSP-66, “Certificate of Eligibility for Exchange-Visitor (J-1) Status”, and furnish it in a single original copy to each selected participant for presentation to the American consular officer abroad in applying for a J-1 visa. The Responsible Officer or alternate is required to furnish in the Form DSP-66 the time and terms of the proposed exchange visit which must be demonstrably within the activities contained in the duly authorized description of the Exchange-Visitor Program concerned. The Responsible Officer or alternate should also instruct the alien to read and complete the participant's Certificate which is printed on the back of Form DSP-66 prior to presentation to a consular officer (or immigration officer, if exempt from visa requirements) and to sign and date it upon presentation to the officer.

(b) The Form DSP-66 which was pre-sented to the consular officer for a visa will be returned to the participant, and, upon arrival at a U.S. port of entry, the participant must present and relinquish it to the examining immigration inspector of the Immigration and Naturalization Service.

(c) Members of the participant's immediate family accompanying him may apply for J-2 visas and entry into the United States on the basis of the Form DSP-66 issued to the participant. If members of the immediate family are following to join the participant, they must present to the American consular officer (unless exempt from visa requirements) and to the examining immigration inspector of the Immigration and Naturalization Service at the port of entry in the United States, copy of the current Form DSP-66 issued to the participant, which has been prepared and authenticated by the Responsible Officer or alternate to show that the participant is currently sponsored under the respective Exchange-Visitor Program and to show the participant's authorized period of stay.

« PreviousContinue »