§ 63.22 Applications for change or adjustment of status to or from Exchange Visitor, for extensions, and for program transfers.

(a) Change of status to Exchange Visitor. An application for change of status to Exchange Visitor shall be made by the prospective exchange visitor who has been admitted into the United States as a nonimmigrant and is eligible for change of status in accordance with the provisions of section 248 of the Immigration and Nationality Act, as amended, to the office of the Immigration and Naturalization Service having administrative jurisdiction over his place of temporary residence. Such application must be accompanied by Form DSP-66 properly executed by the sponsor and the intending participant. Upon request of the Immigration and Naturalization Service officer to whom such application is made, the Department will furnish its views in any case in which the officer (1) cannot determine from the evidence submitted that the program proposed for the participant is clearly within the scope of the designation of the Exchange-Visitor Program concerned, or (2) has doubt, considering among other factors the applicant's length of stay and previous activities in the United States, as to whether the best interests of the international educational and cultural exchange program would be served by this change of status. The application of the immediate family, if not made on the same occasion as the participant's, must be accompanied by a copy of the Form DSP-66 issued to the participant, authenticated by the responsible officer for the Exchange-Visitor Program or by his alternate whose name has been recorded with the Department, to show that the participant is still under that program and to show the authorized period of stay of the participant.

(b) Extension of stay. (1) Application for extension of stay shall be made between 15 and 30 days before the expiration of the exchange visitor's authorized stay to the District Director of the Immigration and Naturalization Service having administrative jurisdiction over his place of temporary residence. The authorized period of stay is noted on Form I-94 (Arrival-Departure Record) inserted in the exchange visitor's pass

port by the Immigration and Naturalization Service.

(2) A participant applying for an extension of stay shall present Form DSP66 properly completed and endorsed by the sponsor to show the time and terms of the extended stay for which application is made. As a general rule, applications for extensions of stay should be requested only for continuation of the activity for which the participant obtained status as an exchange visitor, not for a new activity. When the application, if approved, would extend the participant's stay beyond the limitation specified in § 63.23, it must be strongly supported by the sponsor with evidence that there are exceptional circumstances or that additional time is required to complete highly specialized training, and that the participant's future intentions clearly involve his departure from the United States in accordance with the objectives of the Exchange-Visitor Program. If the applicant is accompanied by his immediate family, the sponsor should attach to Form DSP-66: (i) A statement on the sponsor's letterhead giving for each accompanying family member for whom extension is requested his name, relationship to the exchange visitor, nationality, place and date of birth, passport number, passport expiration date and passport issuing country; and (ii) Form I-94 (Arrival-Departure Record) for each.

(3) Upon request of the Immigration and Naturalization Service, the Department will furnish its views in all cases in which an extension is sought to enable the participant to carry out a new activity under the sponsor's program.

(4) The application of the immediate family, if not made simultaneously with the participant's application, must be accompanied by a copy of the Form DSP-66 which was issued to the participant, properly endorsed by the sponsor to show the time and terms of the extended stay for which the participant has applied. The following should be attached to this copy of the Form DSP-66: (i) A statement on the sponsor's letterhead giving for each accompanying family member his relationship to the exchange visitor, nationality, place and date of birth, number, issuing country and expiration date of his passport; and,

(c) Program transfer. (1) An application for permission to transfer from one designated Exchange-Visitor Program to another must be submitted to the District Director, Immigration and Naturalization Service, having administrative jurisdiction over the partcipant's place of temporary residence in the United States, by the participant concerned between 15 and 30 days before participation in the program to which he wishes to transfer is scheduled to begin. A participant applying for a program transfer shall present a duly executed Form DSP66, Part I completed by the prospective sponsor, and Part III, by the releasing sponsor. The reverse side must also be completed in accordance with the instructions which are printed on the form.

(2) Before acting on the participant's application for permission to transfer, the District Director may request the views of the Department as to whether the best interests of the international educational and cultural exchange program will be served by the transfer in any case in which (i) the applicant is unable to present a Form DSP-66 with Part III duly executed by the current sponsor, (ii) it appears that the transfer is for the purpose of extending the stay of the participant in the United States beyond the completion of the objective for which he came, or (iii) the participant does not appear to be making clear progress toward a definite objective consistent with the intent and purposes of the Act.

(d) Adjustment of status from exchange visitor to permanent resident or change to another nonimmigrant category. (1) Adjustment of status from exchange visitor to permanent resident is possible only if the 2-year home-country physical presence requirement of section 212(e) of the Immigration and Nationality Act, as amended, is inapplicable or waived. (See § 63.31 for a substantial quotation of section 212(e) and for regulations regarding waivers.) Applications for adjustment of status must be made by the participant to the District Director, Immigration and Naturalization Service, having jurisdiction over his place of temporary residence in the United States.

(2) An application for change of status from exchange visitor to another nonimmigrant category must be made to the District Director. Immigration and Naturalization Service, having jurisdiction over his place of temporary residence in the United States. The Immigration and Naturalization Service has directed that the District Director will not grant a change to nonimmigrant status under section 101(a) (15) (A) or (G) of the Immigration and Nationality Act unless the Department advises him that the applicant is qualified for classification thereunder.

§ 63.23

General limitations of stay.

(a) To insure that exchange visitors remain in the United States only so long as is necessary to satisfy their stated objectives and the intent of the Act, the following general limits on the period of stay of exchange visitors are hereby established. Exceptions to these limitations will be permitted only in unusual circumstances:

(1) Participants. (i) Students-as long as they pursue substantial scholastic programs leading to recognized degrees or certificates. After receiving degrees or certificates from the U.S. institution, students whom the sponsor recommends for practical training may be permitted to remain for such purpose for an additional period of up to 18 months.

(ii) Teachers, professors, research scholars, and specialists-3 years.

(iii) International visitors-1 year. (iv) Professional trainees-5 years for internships and residencies.

(v) Graduate nurses-2 years.

(vi) Medical technologists, medical record librarians, medical record technicians, radiologic technicians, nurse anesthetists, and other participants in similar categories-length of the approved training program plus a maximum of 18 months for practical training, not to exceed a total of 3 years.

(vii) Business and industrial trainees-18 months.

(2) The immediate family. As long as the participant remains.

(b) The limitations in this section prescribe, as a general rule, the maximum stays of exchange visitors in the categories cited. A participant who is able to complete his objective in less than the

maximum lengths of time will be expected to return abroad to comply with the purposes of the Act. These limitations apply regardless of the number of Exchange-Visitor Programs in which he participates. Therefore, transfer from one Exchange-Visitor Program to another will not extend the stay of a participant beyond the limits set for his particular category. These limitations should not be construed as extending or changing in any way the authorized period of stay specified in the official description of an Exchange-Visitor Program.

§ 63.24

Prohibition of employment not related to program; exception for students in certain circumstances; possible exception for immediate family.

(a) General. Except as provided in paragraph (b) of this section for students in certain circumstances, an exchange visitor who engages in activities that both produce income from U.S. sources and are unrelated to his program ceases to maintain his lawful status in the U.S. as an exchange visitor. (See paragraph (e) of this section for exception in regard to immediate family.)

(b) Exception for students. An exchange-visitor students' status is not subject to curtailment as stated in paragraph (a) of this section if all the following conditions are met:

(1) Such employment is required by an urgent financial need which has arisen since the time of visa issuance;

(2) It does not cause the participant to reduce his preparation and studies below the full-time level; and,

(3) It has the written approval of the sponsor signed by the Responsible Officer or his alternate.

terms of a scholarship, fellowship, or assistantship, is considered to be a part of his academic program if the employment is both on-campus and is related to his course of study. Such employment is not subject to the provision of paragraph (b) (1) of this section.

(e) Possible exception for immediate family. Immediate family members may accept employment in the United States only if authorized to do so by the District Director of the Immigration and Naturalization Service having jurisdiction over the place where the participant is sojourning temporarily. (See 8 CFR 214.2 (j) (1).)

Subpart D-Waiver Procedures in
Certain Cases

§ 63.31 Requests for waivers of the home-country physical presence requirement of the Immigration and Nationality Act, as amended.

(a) General provisions. Section 212(e) of the Immigration and Nationality Act, as amended, provides substantially in part that:

(1) No person admitted under section 101(a) (15) (J) or acquiring such status after admission whose (i) participation in the program for which he came to the United States was financed in whole or in part, directly or indirectly, by an agency of the Government of the United States or by the government of the country of his nationality or his last residence, or (ii) who at the time of admission or acquisition of status under section 101(a) (15) (J) was a national or resident of a country which the Secretary of State, pursuant to regulations prescribed by him, had designated as clearly requiring the services of persons engaged in the field of specialized knowledge or skill in which the alien was engaged, shall be eligible to apply for an immigrant visa, or for permanent residence, or for a nonimmigrant visa under section 101 (a) (15) (H) or section 101(a) (15) (L) until it is established that such person has resided and been 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 as an exchange visitor;

(2) Upon the favorable recommendation of the Secretary of State, pursuant

to the request of an interested United States Government agency, or of the Commissioner of Immigration and Naturalization after he has determined that departure from the United States would impose exceptional hardship upon the alien's spouse or child (if such spouse or child is a citizen of the United States or a lawfully resident alien), or that the alien cannot return to the country of his nationality or last residence because he would be subject to persecution on account of race, religion, or political opinion, the Attorney General may waive the requirement of such 2-year foreign residence abroad in the case of any alien whose admission to the United States is found by the Attorney General to be in the public interest.

(3) The Attorney General may, upon the favorable recommendation of the Secretary of State, waive such 2-year foreign residence requirement in any case in which the foreign country of the alien's nationality or last residence has furnished the Secretary of State a statement in writing that it has no objection to such waiver in the case of the alien.

(b) Exceptional hardship to United States citizen or lawfully resident alien spouse or child or probable persecution for enumerated reason. (1) An application for waiver on the basis that a 2year period of residence abroad would impose exceptional hardship upon the exchange visitor's spouse or child (if such spouse or child is a citizen of the United States or a lawfully resident alien), or, on the basis that return to the country of his nationality or his last residence would subject the exchange visitor to persecution on account of race, religion, political opinion, nationality, or membership of a particular social group, shall be submitted by the exchange visitor to the office of the Immigration and Naturalization Service having administrative jurisdiction over his place of temporary residence in the United States, or if the exchange visitor is abroad, over his last place of residence in the United States.

(2) If the Commissioner of Immigration and Naturalization determines that compliance

with the home-country physical presence requirement would impose exceptional hardship upon the

spouse or child who is an American citizen or permanent resident alien, or, would subject the alien to persecution on account of race, religion, political opinion, nationality, or membership of a particular social group, the finding showing such determination together with a summary of the details of the expected hardship or persecution will be submitted to the Bureau of Educational and Cultural Affairs of the Department for the Secretary's recommendation.

(c) Interested U.S. Government agency or statement of no objection by home country. Applications for the favorable recommendation of the Secretary for a waiver on the basis of a request from an interested U.S. Government agency, or on the basis of a statement from the exchange visitor's country of nationality or last residence to the Secretary that it has no objection to a waiver, shall be initiated with the Bureau of Educational and Cultural Affairs of the Department in the following manners:

(1) Interested U.S. Government agency. When the application is supported by an interested U.S. Government agency, the head of such agency or his designee must submit a statement in writing to the Bureau of Educational and Cultural Affairs of the Department, in which he determines and attests that, from the point of view of the agency, (i) the granting of the waiver would be in the public interest and (ii) the exchange visitor's compliance with the 2year home-country physical presence requirement would be clearly detrimental to a program or activity of official interest to the agency. Further, the statement shall identify by name and location the organization which will use the exchange visitor's services, indicate his intended place of residence in the United States and include the views of each of his sponsors concerning his waiver application.

(2) No objection by home country. When the application is to be supported by a statement of no objection by the exchange visitor's country of nationality or last residence, this statement shall be directed to the Secretary through official channels, i.e., from the country's foreign office to the Department through the U.S. mission in the foreign country con

cerned, or through the country's head of mission or his designee to the Secretary in the form of a diplomatic note. In addition to the statement indicating that the country concerned has no objection to the waiver, the Exchange Visitor must submit the following information to the Director, Facilitative Services Staff, Bureau of Educational and Cultural Affairs: (i) Full name; (ii) place and date of birth; (iii) present address in the United States or last address in the United States prior to departure; (iv) list of Exchange-Visitor Programs (or Program) in which he participated; (v) Alien Registration Number, if known; (vi) name of foreign government official with whom the case can be discussed if necessary; (vii) specific reasons for not

wishing to fulfill the 2-year home-country physical presence requirement; and (viii) the views of each of his sponsors concerning his waiver application.

§ 63.32 Action by the Secretary on requests for waivers.

Upon receipt of a request for a recommendation of waiver of the home-country physical presence requirement of section 212(e) of the Immigration and Nationality Act, as amended, the Secretary will review the policy, program, and foreign relations aspects of the case and will transmit his recommendation to the Attorney General for decision. The Exchange Visitor will be advised of the decision in his case by the Immigration and Naturalization Service.

71.3 American claimants to foreign estates and inheritances.

71.4 Real property of deceased American citizens.

71.5 Storage or safekeeping of private property.

71.6 Services for distressed Americans. 71.7 Reports on catastrophes abroad.

71.8 71.9

Assistance to American Red Cross. Presentation of Americans at foreign courts.

AUTHORITY: The provisions of this Part 71 issued under sec. 4, 63 Stat. 111, as amended; 22 U.S.C. 2658.

SOURCE: The provisions of this Part 71 appear at 22 F.R. 10841, Dec. 27, 1957, unless otherwise noted.

§ 71.1 Protection of Americans abroad.

Officers of the Foreign Service shall perform such duties in connection with the protection of American nationals abroad as may be imposed upon them by rules and regulations prescribed by the Secretary of State.

§ 71.2 Requests for naval force in foreign port.

Diplomatic representatives and consular officers shall not request the presence of a naval force in a foreign port unless a public emergency so necessitates. The request may be addressed to the officers in command of the naval force, in which event responsibility of action rests with them, or it may be addressed to the Department of State. In either case, the request should contain detailed reasons for its submission.

§ 71.3

American claimants to foreign estates and inheritances.

Where treaty provisions, local laws, or established usage permit, a consular officer should protect the interests of American citizens claiming foreign estates and inheritances.

§ 71.4 Real property of deceased American citizens.

In the absence of special provisions by treaty the devolution and transfer of real property are covered by the law of the place where the property is situated. When real property is left by the decedent within the country where death occurs, or where the decedent was domiIciled at the time of death, the consular