Summary of Federal Laws

Employment                                                                           

Compliance Partners

Director International Student and Scholar Services

Miscellaneous Employment Laws

Mutual Educational and Cultural Exchange Act of 1961

22 U.S.C. § 2451 et seq.; 22 C.F.R. § 62.1 et seq.

Regulates foreign exchange students and scholars, who are in the United States on J visas. See also the summary of this law under the section on Students.

Final Rule, Exchange Visitor Program-Sanctions and Terminations, 72 Fed. Reg. 72245, Dec. 20, 2007
These final rules which become effective January 22, 2008 make it easier for the Department of State to impose sanctions on institutions that sponsor foreign exchange programs. A finding of willfulness or negligence on the part of the institution is no longer necessary. The criteria for imposing sanctions are very broad, such as not serving US public diplomacy goals, for undermining foreign policy objectives and compromising national security interests, for endangering health or safety of participants, or for bringing the program into notoriety or disrepute.  The rules does not require the Department of State to produce any documentary evidence to justify a sanction. See the NAFSA web page on this new rule, which includes an edited version of the rule showing how the new rule modifies the old rule.

Participation in the Exchange Visitor Program as Professor and Research Scholar, Final Rule, 70 Fed. Reg. 28815 (May 19, 2005)

This rule amends the Department's Exchange Visitor Program regulations set forth at 22 CFR 62.20 by extending the duration of program participation for professors and research scholars from the current three years to five years. In addition, this rule implements a limitation on the eligibility of an extension for the professor and research scholar categories and implements a two-year bar for repeat participation to encourage and foster the purpose of the Mutual Educational and Cultural Exchange Act of 1961 (``Fulbright-Hays Act''). Additional minor modifications have been made throughout Sec. 62.20 for administrative purposes due to the implementation of the Student and
Exchange Visitor Information System (SEVIS). The continuous (not aggregate) five year period is calulated in calendar years from the participant's program begin date documented in SEVIS at the time the SEVIS record is  validated. A scholar in good status may depart and reenter the U.S. an unlimited number of times in the five calendar years. There is a two year bar on repeat visits by the professor or research scholar upon completion of the five year period.  This rule is effective the later of June 20, 2005 or the d ate upon which the Department of Homeland Security publishes notice in the Federal Register that necesssary technical changes to SEVIS have been implemented. 

Responsible Officers:  Section 22 C.F.R. § 62.9(f)(2) contains a general requirement that a university administering an exchange visitor program must ensure that the employees involved in the administration of the program are adequately qualified, appropriately trained, and comply with the Exchange Visitor Program regulations.  A person who is serving as a responsible officer or an alternate responsible officer must certify that he or she is a U.S. citizen or permanent resident.   In addition, pursuant to 22 C.F.R. § 62.13(a)(3), the university must promptly notify the Department of State of any change in the responsible officer.  A variety of sanctions apply for failure to comply with the requirements listed above.

Recordkeeping:  Federal regulations require a three-year retention period for all records pertaining to exchange visitors under a J-1 visa.  See 22 C.F.R. § 62.10(h).

Payment to J-1 Visiting Professor

Information on occasional lectures or consultations given by J-1 visa holders and the requirements to be able to compensate them is found at 22 C.F.R. § 62.20(g).  

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