DOS Releases Final Rule Amending Exchange Visitor (J-1 Visa) Program Rules | Practical Law

DOS Releases Final Rule Amending Exchange Visitor (J-1 Visa) Program Rules | Practical Law

The Department of State (DOS) has released a final rule amending the general Exchange Visitor (J-1 Visa) Program rules governing the designation of sponsors and the overall administration of the exchange visitor program.

DOS Releases Final Rule Amending Exchange Visitor (J-1 Visa) Program Rules

Practical Law Legal Update 8-584-1605 (Approx. 3 pages)

DOS Releases Final Rule Amending Exchange Visitor (J-1 Visa) Program Rules

by Practical Law Labor & Employment
Published on 15 Oct 2014 • USA (National/Federal)
The Department of State (DOS) has released a final rule amending the general Exchange Visitor (J-1 Visa) Program rules governing the designation of sponsors and the overall administration of the exchange visitor program.
On October 6, 2014, the Department of State (DOS) released a final rule amending the general Exchange Visitor Program rules that govern the designation of sponsors and the overall administration of the exchange visitor program. Foreign nationals who come to the US as exchange visitors hold J-1 nonimmigrant visa status (for a summary of the J-1 nonimmigrant visa, see Key Nonimmigrant Visa Classifications: Students and Trainees).
The final rule is the first comprehensive modification to the regulations governing the exchange visitor program (22 C.F.R. Part 62, Subpart A) since 1993. The rule makes the following key changes:
  • Provides more specific filing requirements, including criminal background checks for proposed and current Responsible Officers, for entities either:
    • seeking to become designated sponsors; or
    • renewing their sponsor designations.
  • Requires that private sector sponsors submit management reviews in a format and on a schedule determined by the DOS.
  • Enhances provisions governing the Student and Exchange Visitor Information System (SEVIS) database used by sponsors and Immigration and Customs Enforcement to track exchange visitors.
  • Removes Appendices A–D and replaces them with information collections through Forms DS–3036 (Exchange Visitor Program Application), DS–3037 (Update of Information on Exchange Visitor Program Sponsor) and DS–3097 (Annual Report by Sponsors of Exchange Visitor Programs).
  • Adds, deletes and modifies definitions of terms.
  • Explains the discretionary authority of the Assistant Secretary for Educational and Cultural Affairs to waive or modify provisions of the exchange visitor program.
  • Provides that the DOS must give notice concerning any program for which the exchange visitor program provisions are waived or modified.
The DOS published this final rule in the Federal Register on October 6, 2014 with request for comments. The DOS will be soliciting comments over a period of 60 days until December 5, 2014. The DOS will accept comments via email, the regulations.gov web site or by regular mail (paper, disk or CD-ROM submissions). This final rule becomes effective January 5, 2015.