The Department of State's (Department's) Bureau of Educational and Cultural Affairs administers the Exchange Visitor Program, as set forth at 22 CFR part 62, wherein exchange visitors on educational and cultural exchange programs travel to the United States in the J visa category. The Department tracks the status and geographic location of exchange visitors through the Student and Exchange Visitor Information System (SEVIS), a database administered by the Department of Homeland Security. This Notice of Proposed Rulemaking (Proposed Rule) seeks to clarify the conditions under which a sponsor must terminate an exchange visitor's program and authorizes the Department, in its discretion, to terminate an exchange visitor's program in limited circumstances; modifies Extension of Program and Reinstatement to valid program status in their entirety by eliminating outdated requirements and introducing updated procedures that make use of current SEVIS functionality; amends Definitions to include definitions for "Unauthorized Employment" and "Valid Program Status"; and rescinds the separate extension of program provision for au pairs.
Who the document names
Visa categories
J-1 exchange visitor
Where the document says this
J-1 exchange visitor: “Exchange Visitor Program-Termination of Program Participation, Extension of Program and Reinstatement to Valid Program Status”
A requirement the document states
“However, consistent with existing regulations, if exchange visitors are seeking to extend beyond the permitted maximum duration, sponsors must obtain Department approval.”
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From the countries and visa categories the document names.
This rule proposes new fees for Optional Practical Training (OPT) to combat fraud, strengthen the integrity of the immigration system, and protect U.S. workers. The following fees would apply for each F-1 nonimmigrant student to engage in OPT through a Student and Exchange Visitor Program-certified institution: $70,000 for initial OPT; and $30,000 for any subsequent OPT.
Unlike most nonimmigrant classifications, which are admitted for a fixed time period, aliens in the F (academic student), J (exchange visitor), and most I (representatives of foreign information media) classifications, with limited exceptions, are currently admitted into the United States for the period of time that they are complying with the terms and conditions of their nonimmigrant classification ("duration of status"). The U.S. Department of Homeland Security (DHS) proposes to amend its regulations by changing the admission period in the F, J, and I classifications from duration of status to an admission for a fixed time period.
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