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Federal Register Publications

2007

Exchange Visitor Program--Au Pair Requirements:
Notice with Request for Comment; Published in the Federal Register on December 10, 2007:  The Department is soliciting comments on amending the age eligibility requirement for au pair participants by increasing the age limitation from 26 to 30. Further, the Department has been asked to consider permitting foreign nationals who previously participated in the au pair program to repeat program participation.
Comments were accepted through February 9, 2008.
>>See Federal Register Notice for details.

Exchange Visitor Program--Fees and Charges for Exchange Visitor Program Services
The Department of State revised its regulations regarding Fees and Charges for Exchange Visitor Program services. The long-range goal of these changes is to recoup the full cost for providing such services.
THESE REGULATIONS ARE EFFECTIVE DECEMBER 3, 2007.
>> See Final Rule for Details
>> Clarification on Exchange Visitor Programs Fees

Trainees and Interns
The Department is hereby revising its regulations regarding, Trainees and Interns to, among other things, eliminate the distinction between “non-specialty occupations” and “specialty occupations,” establish a new internship program, and modify the selection criteria for participation in a training program. The new regulations also require sponsors to screen, vet, and enter into written agreements with third parties who assist them in recruiting, selecting, screening, orienting, placing, training, or evaluating foreign nationals who participate in training and internship programs. Sponsors must fully complete and secure signatures on a Form DS-7002, Training/Internship Placement Plan (T/IPP) for each trainee and intern prior to issuing a Form DS-2019. The Department adopts no changes to existing flight training regulations.
THESE REGULATIONS WENT INTO EFFECT ON JULY 19, 2007.
See Interim Final Rule for Details

Student Intern:
The Department is proposing to revise its regulations concerning College and University Students. The proposed rule, if adopted, will create a new subcategory of the College and University Student category-- "Student Interns". Participation in this new sub- category is open to foreign students enrolled and pursuing full-time studies at a post-secondary educational institution outside the United States. Student interns may participate in a student internship program for up to 12 months at each degree level.
Comments were accepted through August 6, 2007.
See Proposed Rule for Details

Sanctions and Terminations:
The Department is hereby revising its regulations presently set forth at 22 CFR Part 62 Subpart D (Sanctions) and 22 CFR Part 62 Subpart E (Termination and Revocation of Programs). The revised §62.50 retain many, but not all, of the provisions of the current regulations, and modifies the reasons for which sanctions may be imposed. Subpart E, § 62.60 amends existing regulations to provide for program termination in the case of failure to file an annual management audit, in program categories requiring such audits. A new § 62.62 provides for termination or denial of redesignation for an entire class of designated programs, if the Department determines that they compromise the national security of the United States, or no longer further the public diplomacy mission of the Department.
THESE REGULATIONS WENT INTO EFFECT ON JANUARY 22, 2008.
See Final Rule for Details

2006

Au Pair (22 CFR 62.31): Final rule; Published in the Federal Register on June 8, 2006: The Department of State adopts as final certain proposed amendments to existing au pair regulations. These changes will permit au pair sponsors to request a one-time extension of six, nine, or 12 months beyond an au pair participant's original 12-month period of program participation.

Training and Internship: Supplemental (22 CFR 62.22) - Notice of Proposed Information Collection: DS-7002, Training/Internship Placement Plan, OMB Control Number 1405-XXXX; Published in the Federal Register on June 1, 2006: In a notice of proposed rulemaking published in the Federal Register on April 7, 2006 (71 FR 17778) regarding proposed revisions to its training/internship programs administered by the Bureau of Educational and Cultural Affairs, the Department of State stated that the proposed rule contained a collection of information requirement for Purposes of the Paperwork Reduction Act. The Department further stated that it would be submitted to OMB for review and be the subject of a separate Federal Register notice and request for public comment. Accordingly, the Department has submitted the following information collection request to the Office of Management and Budget (OMB) for approval in accordance with the Paperwork Reduction Act of 1995.

Training and Internship (22 CFR 62.22) - Proposed Rule with request for comment; Published in the Federal Register on April 7, 2006: The Department of State is proposing to revise its training program regulations. These revisions will, among other things, eliminate the distinction between ``non-specialty occupations'' and ``specialty occupations''. Also, a new 12-month ``intern'' program is proposed to permit recent foreign graduates of degree-granting post-secondary accredited educational institutions to come to the United States to pursue work-based learning experiences in the fields in which they received their degrees.

Secondary School Student (22 CFR 62.25) - Final Rule; Published in the Federal Register on April 4, 2006: The Department of State adopts as final certain proposed amendments to existing regulations set forth at 22 CFR 62.25. These amendments require program sponsors to complete criminal background checks for officers, employees, agents, representatives and volunteers acting on their behalf and require monthly contact with host families and students. Also adopted as final is a requirement that all adult members of a host family household undergo a criminal background check. A requirement to report any allegation of sexual misconduct to both the Department and local law enforcement authorities is also adopted.

Summer Work/Travel 12-month Pilot Program-Notice with Request for Comment; Published in the Federal Register on February 27, 2006: The Department hereby announces its intent to investigate the possible adoption of a pilot program that will provide foreign university students an opportunity to work and travel in the United States for up to 12 months. The Department will accept comments from the public up to 60 days from February 27, 2006.

Au Pair (22 CFR 62.31) - Proposed rule with request for comment; Published in the Federal Register on February 2, 2006: The Department of State is proposing the amendment of its existing au pair regulations under the Exchange Visitor Program (J-1 visa) to permit designated au pair sponsors to request a one-time extension of six, nine or 12 months beyond an au pair participant's original 12-month program (the maximum duration of program participation).

Statement of Policy on J-1 Visa Flight Training Programs; Published in the Federal Register on January 24, 2006: The Department hereby announces that the Department will no longer designate any new J-1 visa flight training programs or approve further expansion of a current flight training programs.  Redesignation of programs will continue as required by existing regulations

2005

Secondary School Student Regulations (22 CFR 62.25): Published in the Federal Register on August 24, 2005: The Department of State published a proposed rule in the Federal Register on August 12, 2005 proposing to amend existing regulations governing the administration of the Secondary School Student program as set forth in the Exchange Visitor Program regulations (22 CFR Part 62.25). This publication is to reflect information that was inadvertently omitted from the earlier publication (please refer to the original Federal Register notice dated August 12, 2005 listed below for more information).

Secondary School Student (22 CFR 62.25) - Proposed Rule with request for comment, published in the Federal Register on August 12, 2005: The Department of State's Office of Exchange Coordination and Designation is pleased to announce that proposed regulations for secondary school students (22 CFR 62.25) were published in the Federal Register on August 12, 2005. The regulations propose new program administration requirements. These amendments would require program sponsors to complete criminal background checks for officers, employees, agents, representatives and volunteers acting on their behalf and would also require written evidence of monthly contact with host families and students. Amendments are also proposed that would require the vetting of all adult members of a host family household through a sex offender registry maintained by the respective state of residence. A requirement to report any allegation of sexual misconduct to both the Department and local law enforcement authorities is also proposed. All sponsors would also be required to provide secondary school student participants with information regarding inappropriate behavior and the need to immediately report it. Comments will be accepted for 60 days from the date published.

Professor and Research Scholar Regulations (22 CFR 62.20) published in the Federal Register on May 19, 2005: The Department of State's Office of Exchange Coordination and Designation is pleased to announce that the professor and research scholar regulations (22 CFR 62.20) were published in the Federal Register on May 19, 2005. The new regulations expand the professor and research scholar category duration from three to five years and permits the extension beyond five years for participants under the direct sponsorship of a Federally Funded National Research and Development Center or U.S. Federal Laboratory. As stated in the announcement, this new rule will be effective once Department of Homeland Security (DHS) has developed the SEVIS programming changes necessary to implement the rule."

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