§ 62.1 Regulations to be drafted.

Subject to the provisions and requirements of this part, appropriate administrative regulations shall be drafted by each executive department or agency of the Government which maintains and administers educational institutions and schools coming within the scope of the legislation. Such regulations shall carefully observe the limitations imposed by the Act of June 24, 1938, and shall in each case include:

(a) A list of the institutions and courses in the department or agency concerned in which instruction is available under the terms of the legislation.

(b) A statement of the maximum number of students of the other American republics who may be accommodated in each such institution or course at any one time.

(c) A statement of the qualifications to be required of students of the other American republics for admission, including examinations, if any, to be passed.

(d) Provisions to safeguard information that may be vital to the national defense or other interests of the United States.

§ 62.2 Applications.

Applications for citizens of the other American republics to receive the instruction contemplated by the said Act of June 24, 1938, shall be made formally

through diplomatic channels to the Secretary of State by the foreign governments concerned.

§ 62.3

Reference of applications.

The Secretary of State shall refer the applications to the proper department or agency of the Government for advice as to what reply should be made to the application.

§ 62.4 Copies of regulations to Department of State.

In order to enable the Secretary of State to reply to inquiries received from the governments of the other American republics, 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.

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.

63.4 63.5

63.3 Action on application for ExchangeVisitor Program designation. Notification to Exchange Visitors. Applications for change of status to or from exchange visitor, for extensions, and for program transfers; general limitations of stay.

63.6 Requests for waivers of the foreign residence requirement of section 212 (e) of the Immigration and Nationality Act, as amended.

63.7 Action by the Secretary on requests for waiver of the foreign residence requirement of section 212(e) of the Immigration and Nationality Act, as amended.

63.8 Determination by the Secretary that residence in another foreign country has served the purpose and intent of the Act.

AUTHORITY: The provisions of this Part 63 issued under sec. 4, 63 Stat. 111, secs. 102, 109, 75 Stat. 527, 534; 5 U.S.C. 151c, 22 U.S.C. 2452, 8 U.S.C. 1101, 1182, 1258.

SOURCE: The provisions of this Part 63 contained in Department Regulation 108.490, 28 F.R. 1630, Feb. 21, 1963, 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. § 63.1 Definitions.

(a) As used in this part, the term "Act" refers to the Mutual Educational and Cultural Exchange Act of 1961.

(b) As used in this part, the term "sponsor" means any existing reputable United States agency or organization or recognized international agency or organization having United States membership and offices which makes application as hereinafter prescribed to the Secretary of State for designation of a program under its sponsorship as an "Exchange-Visitor Program."

(c) As used in this part, the term "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 defined in paragraph (h) of this section, which has been designated as such by the Secretary of State, and in actual

operation serves to promote mutual understanding between the people of the United States and the people of other countries.

(d) As used in this part, the term "Secretary" means either the Secretary of State or an officer duly designated by him.

(e) As used in this part, the term "Department" means the Department of

State.

(f) As used in this part, the term "exchange visitor" means a "participant" as defined in paragraph (h), and the "immediate family" as defined in paragraph (i), of this section.

(g) As used in this part, the term "country of his nationality or his last residence" means either the country of which the exchange visitor was a national at the time he acquired status as an exchange visitor or the last foreign country in which he resided before he acquired status as an exchange visitor.

(h) As used in this part, the term "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 on an exchangevisitor visa under the United States Information and Educational Exchange Act of 1948, as amended, or who is seeking to acquire or has acquired such status after admission, including, but not limited to the following categories:

(1) 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

(2) A "trainee", for the purpose of obtaining practical training in a specialized field of knowledge and skill in a nonacademic institution or agency, or

(3) A "teacher", for the purpose of teaching in established primary or secondary schools, or established schools offering specialized instruction, or

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

(5) A "specialist", for the purpose of observation, consultation, research or training or the sharing or demonstrating of specialized knowledge or skill, or

(6) A "research assistant", for the purpose of undertaking or participating

in research under the supervisor of the project, or

(7) A "leader", for the purpose of high-level observation or consultation, advanced research or sharing of highly specialized knowledge or skills, or

(8) An "observer", for the purpose of participating in organized people-topeople programs of orientation, observation, or tourism.

(i) As used in this part, the term "immediate family" means the alien spouse and minor children of a 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.

§ 63.2

Application for Exchange-Visitor Program designation.

(a) Any sponsor may apply to the Secretary for designation of a program under its sponsorship as an ExchangeVisitor Program. Such application shall be made on Form DSP-37 "ExchangeVisitor Program Application". The application shall be completed in all details and shall be submitted to the Secretary.

(b) Each sponsor shall assume, inter alia, in the application, the obligation to:

(1) Notify the District Director of the Immigration and Naturalization Service having administrative jurisdiction over the participant's place of temporary residence when (i) a participant is scheduled to transfer to another ExchangeVisitor Program, or (ii) a participant has ceased to engage in the activity for which he

was admitted and to maintain exchange-visitor status.

(2) 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 Form DSP-66 showing the period and terms of the extension desired.

(3) Provide any participant proposing to transfer to another Exchange-Visitor Program with a Form DSP-66 releasing him from the sponsor's program, but only if the releasing sponsor considers further Exchange-Visitor Program participation necessary or desirable.

[Dept. Reg. 108.490, 28 F.R. 1630, Feb. 21, 1963, as amended by Dept. Reg. 108.506, 29 F.R. 2784, Feb. 28, 1964]

§ 63.3 Action on application for Exchange-Visitor Program designation.

(a) Evidence. 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 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 a 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) Decision by the Secretary. 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. The Secretary may in his discretion revoke designation of any Exchange-Visitor Program for any sufficient cause, including, but not limited to:

(1) Failure to maintain educational standards as established by competent professional agencies;

(2) Failure to submit reports on program operations when requested by the Secretary;

(3) Misuse of the Exchange-Visitor Program.

(c) Assignment of serial number. (1) 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 United States Information Agency.

G-IV-Programs sponsored by international agencies or organizations in which the United States Government participates. G-V-Programs sponsored by 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 not a part of educational institutions.

P-III-Programs sponsored by non-profit associations, foundations, and institutes.

P-IV-Programs sponsored by business and

industrial concerns.

(2) The sponsor will thereafter refer to the serial number in any correspondence with the Secretary, consular officers, or the Immigration and Naturalization Service concerning the Exchange-Visitor Program or any individual included in such program.

(d) Notification to the Immigration and Naturalization Service. When a program has been designated as an Exchange-Visitor Program, the Department shall notify the Immigration and Naturalization Service of the sponsor, serial number, and nature and purpose of the program.

[Dept. Reg. 108.490, 28 F.R. 1630, Feb. 21, 1963, as amended by Dept. Reg. 108.506, 29 F.R. 2784, Feb. 28, 1964]

The

The Officer designated as the Responsible Officer for an Exchange-Visitor Program shall execute a Form DSP-66, "Certificate of Eligibility for ExchangeVisitor Status", in a single original copy and furnish it to each participant for presentation to the American consular office in applying for a J-1 visa. Responsible Officer is required to furnish in the Form DSP-66 the time and terms of the proposed exchange visit which must be demonstrably within the scope of the designated Exchange-Visitor Program concerned. The participant must personally execute the reverse of the Form DSP-66 to be eligible for a J-1 visa and must present the Form DSP-66 at the port of entry to be eligible for admission to the United States. If members of the immediate family are following to join the participant, they must present (a) to the American consular officer, in order to be eligible for a J-2 visa, and (b) to the Immigration and Naturalization Service officer at the port of entry, in order to be eligible for admission to the United States on such visa, a copy of the Form DSP-66 issued to the participant, authenticated by the Responsible Officer for the Exchange-Visitor Program to show that the participant is still under that program and to show the authorized period of stay of the participant.

§ 63.5 Applications for change of status to or from exchange visitor, for extensions, and for program transfers; general limitations of stay.

(a) Application for change of status to exchange visitor. Such application 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 the alien's place of temporary residence. The application of a participant must be accompanied by a Form DSP-66 properly executed by the sponsor and the participant. The Immigration and Naturalization Service officer to whom such application is made will request the views of the Department prior to the granting of change of status in those cases 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 exchange of persons 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 to show that the participant is still under that program and to show the authorized period of stay of the participant.

(b) General limitations on stay of exchange visitors. To insure that exchange visitors remain in the United States only so long as is necessary to satisfy their 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) Graduate nurses-two years.

(ii) Doctors of medicine-five years for internships and residencies.

(iii) Medical technologists, medical record librarians, medical record technicians, X-ray technicians, and other participants in similar categorieslength of the approved training program plus a maximum of 18 months for practical experience, not exceeding a total of three years.

(iv) Students—as long as they pursue substantial scholastic programs leading to recognized degrees or certificates. Students whom the sponsor recommends for practical training will be permitted to remain for such purpose for an additional period of up to eighteen months after receiving their degrees or certificates.

(v) Research scholars-three years.
(vi) Guest teachers and instructors—

two years.

(vii) Business and industrial trainees-eighteen months.

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

The limitations in this paragraph prescribe, as a general rule, the maximum stay of exchange visitors in the categories cited. A participant who is able to complete his objective in less than the maximum will be expected to return abroad to comply with the purposes of the Act. These limitations apply regardless of the number of ExchangeVisitor Programs in which a participant 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.

(c) Application for extension of stay. (1) Such application 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 the exchange visitor's place of temporary residence.

(2) A participant applying for an extension of stay shall present Form DSP66 properly 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 (b) of this section, 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 a statement to Form DSP-66 giving the name and relationship, place and date of birth, and nationality of each accompanying member of his immediate family.

(3) If the application falls within one of the categories which the Department has advised the Immigration and Naturalization Service are questionable from an exchange point of view, or should be subject to review by the Department, the Immigration and Naturalization Service will refer the application to the Department prior to action on the application. Those cases in which an extension is requested to enable the participant to carry out a new activity under the sponsor's program will be referred by the Immigration and Naturalization Service to the Department for consideration before the participant is permitted to enter into the new activity.

(4) 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, properly endorsed by the sponsor to show the time and terms of the extended stay for which the participant has applied.

(d) Application for program transfer. 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 participant's place of temporary residence in the United States by the participant concerned between fifteen and thirty 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 DSP-66, Part I completed