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.  See also the summary of this law as it relates to employment under the section on Employment.

Exchange Visitor Program: Proposed Rule, 74 Fed. Reg. 48177, Sept. 22, 2009

This section of the regulations establishes the procedures
for designated Program sponsors and addresses overall Program administration. This is the first major overhaul proposed in 15 years.

The proposed regulations add several new compliance requirements. Comments are due Nov. 23, 2009.

• Conduct annual criminal background checks on ROs/AROs.  Purpose: determine that ROs/AROS are US citizens/permanent resident, whether any past criminal activity should disqualify them from positions, whether there is pertinent info regarding suitability for position such as credit-worthiness/criminal record. The preamble states the school must use a bona fide background screener and refers to the National Association of Professional Background Screeners.
• RO's will have to have three years experience in international exchange.
• Provision of a current Business Information Report from Dun and Bradstreet.
• Provision of EIN and Date of Issuance for each Applicant Program.
• Increase in level of health insurance required for exchange visitors and accompanying spouse and children. Medical benefits of at least $200,000 per accident or illness, repatriation of remains in amount of $25,000;  expenses associated with medical evacuation of exchange visitors to home country of $50,000 and deductibles not to exceed $500 per accident or illness.
• Provision of information on members of the Board of Trustees: name, address and citizenship status.
• New rules on Form DS-2019 (must be original with certain exceptions)
• Reduces from 21 to 10 days the time a sponsor has following notification of change of circumstance of exchange visitor to update the SEVIS record.
• Collection of information in SEVIS on employment of spouse and dependents while in US.
• Two separate certifications: 1. From President at time of application for redesignation (every 2 years): the organizations RO’s and ARO’s have undergone required criminal background checks. 
  2. From Chief financial officer as part of submission of annual report: that they’ve reviewed the annual report and certify that adequate staff and resources are devoted to administration of the program and that internal controls are adequate to ensure compliance and
•  Reporting of work permits for J-2 status holders.

See also the NAFSA Proposed Subpart A Resource Page for up to date information on the proposed rule.

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 calculated 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 date upon which the Department of Homeland Security publishes notice in the Federal Register that necessary 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). 

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. See Immigration Compliance at CUA: Exchange Visitor Programs for more information.

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 USIA 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).

Resources

Exchange Visitor Program Regs

NAFSA News and Announcements

compliance parter added mlo 5/13/09
compliance box links updated 6/10/09 rab
updated 6/21/09 to add related policy

updated 9/29/09 by MLO to add 74 Fed. Reg. 48177 on changes to Subpart A of the J exchange visitor regulations.