[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR62.22]

[Page 291-294]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 62--EXCHANGE VISITOR PROGRAM--Table of Contents
 
                 Subpart B--Specific Program Provisions
 
Sec. 62.22  Trainees.

    (a) Introduction. These regulations govern all exchange visitor 
programs under which foreign nationals are provided with opportunities 
for receiving training in the United States. Regulations dealing with 
training opportunities which may, under certain conditions, be 
authorized for foreign students who are studying at post-secondary 
accredited educational institutions in the United States are found at 
Sec. 514.23. Regulations governing medical trainees are found at 
Sec. 514.27.
    (b) Purpose of training. The primary objectives of training are to 
enhance the exchange visitor's skills in his or her specialty or non-
specialty occupation through participation in a structured training 
program and to improve the participant's knowledge of American 
techniques, methodologies, or expertise within the individual's field of 
endeavor. Such training programs are also designed to enable the 
exchange

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visitor trainee to understand better American culture and society and to 
enhance American knowledge of foreign cultures and skills by providing 
the opportunity for an open interchange of ideas between the exchange 
visitor trainees and their American counterparts. Use of the Exchange 
Visitor Program for ordinary employment or work purposes is strictly 
prohibited. For this reason the regulations in this section are designed 
to distinguish between receiving training, which is permitted, and 
gaining experience, which is not permitted unless as a component of a 
bona fide training program.
    (c) Designation of training programs. (1) The Department of State 
groups occupations into specialty, non-specialty, or unskilled 
occupational categories. The Department of State will designate training 
programs in specialty and non-specialty occupations. Training programs 
in unskilled occupations or occupations in other categories which the 
Department of State may from time to time identify by publication in the 
Federal Register will not be designated. For purposes of these 
regulations, the Department of State considers the occupations listed in 
Appendix E to part 514 to be ``unskilled occupations.''
    (2) For purposes of designation, the Department of State will 
designate specialty and skilled non-specialty occupational training 
programs in any of the following occupational categories:

(i) Arts and Culture;
(ii) Information Media and Communications;
(iii) Education, Social Sciences, Library Science, Counseling and Social 
Services;
(iv) Management, Business, Commerce and Finance;
(v) Health Related Occupations;
(vi) Aviation;
(vii) The Sciences, Engineering, Architecture, Mathematics, and 
Industrial Occupations;
(viii) Construction and Building Trades;
(ix) Agriculture, Forestry and Fishing;
(x) Public Administration and Law;
(xi) Other (Specify).

    (3) Sponsors may apply for designation for training programs in any 
combination of specialty and/or non-specialty occupations. Once 
designated, the sponsor may provide training in any occupation falling 
within the designated category, if not otherwise prohibited from doing 
so. Sponsors shall provide training to exchange visitors only in the 
category or categories for which they have obtained Department of State 
designation.
    (d) Obligations of training program sponsors. (1) Sponsors 
designated by the Department of State to provide training to foreign 
exchange visitors shall:
    (i) Ensure that individuals and/or entities conducting training 
possess and maintain the demonstrable competence to provide training in 
the subjects offered to each exchange visitor.
    (ii) Ensure that skills, knowledge, and competence are imparted to 
the trainee through a structured program of activities which are 
supportive and appropriate to the training experience. These may 
include, for example, classroom training, seminars, rotation through 
several departments, on-the-job training, and attendance at conferences, 
as appropriate.
    (iii) Develop, prior to the start of training, a detailed training 
plan geared to defined objectives for each trainee or group of 
similarly-situated trainees.
    (iv) Ensure that continuous supervision and periodic evaluation of 
each trainee is provided.
    (v) Ensure that sufficient plant, equipment, and trained personnel 
are available to provide the training specified.
    (2) Sponsors designated by the Department of State to provide 
training to foreign exchange visitors shall not:
    (i) Provide training in unskilled occupations; or
    (ii) Place trainees in positions which are filled or would be filled 
by full-time or part-time employees.
    (e) Use of third parties. (1) The sponsor may utilize the services 
of third parties in the conduct of the designated training program. If a 
third party is utilized, the sponsor and the third party shall execute a 
written agreement which delineates the respective obligations and duties 
of the parties and specifically recites the third party's obligation to 
act in accordance with these

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regulations. The sponsor shall maintain a copy of such agreement in its 
files.
    (2) The sponsor's use of a third party in the conduct of a 
designated training program does not relieve the sponsor of its 
obligation to comply, and to ensure the third party's compliance, with 
all applicable regulations. Any failure on the part of the third party 
to comply with all applicable regulations will be imputed to the 
sponsor.
    (f) Application for designation of training programs. (1) An 
applicant for designation as an exchange visitor training program shall 
demonstrate to the Department of State its ability to comply with both 
the General Provisions set forth in subpart A, and the obligations of 
training sponsors set forth in Sec. 514.22(d).
    (2)(i) An applicant shall provide the Department of State with 
documentary evidence of its competence to provide the training for which 
designation is sought.
    (ii) If third parties are to be used to conduct one or more aspects 
of the activities for which designation is sought, the applicant shall 
provide the Department of State with forms and procedures which will be 
used by the sponsor to ensure third party compliance with all applicable 
regulations and fulfillment of the goals and purposes of the sponsor's 
exchange visitor program.
    (iii) If the applicant intends to utilize the services of third 
parties to conduct the training, a copy of an executed third-party 
agreement or, if one has not yet been executed, an illustrative copy of 
the type of agreement the applicant intends to execute with third 
parties shall be submitted with the application.
    (3) If the training program is accredited in accordance with 
Sec. 514.22(n), the applicant shall include a copy of the accreditation 
in its application.
    (4) The application shall include a certification that:
    (i) Sufficient physical plant, equipment, and trained personnel will 
be dedicated to provide the training specified;
    (ii) The training program is not designed to recruit and train 
aliens for employment in the United States;
    (iii) Trainees will not be placed in positions which displace full-
time or part-time employees.
    (5) As to each occupational division for which the applicant seeks 
designation, the applicant shall indicate whether it intends to provide 
training in specialty or non-specialty occupations, or both.
    (6) In order to meet the requirements of this subsection and to 
evidence the competence of the applicant and/or third parties conducting 
one or more aspects of the applicant's exchange visitor program to 
provide training, the applicant for designation may submit any one of 
the following types of training plans for each division for which 
designation is sought;
    (i) If the applicant has already designed a structured training plan 
to use in the proposed exchange visitor program, a copy of such training 
plan may be submitted with the application;
    (ii) If the applicant has not yet prepared a new training plan, but 
has been engaged previously in the type of training, directly or through 
third parties, for which designation is being sought, the applicant may 
demonstrate its capability to conduct such training by submitting a copy 
of a previously used training plan;
    (iii) If the applicant proposes to create individualized training 
plans for as yet unidentified trainees, then the applicant may submit a 
hypothetical training plan which illustrates the training the applicant 
proposes to provide, directly or through third parties.
    (g) The training plan. Each training plan required to be prepared 
for a trainee or group of trainees pursuant to Sec. 514.22(d)(1)(iii) 
above, shall include, at a minimum,
    (1) A statement of the objectives of the training;
    (2) The skills to be imparted to the trainee;
    (3) A copy of the training syllabus or chronology;
    (4) A justification for the utilization of on-the-job training to 
achieve stated course competencies; and
    (5) A description of how the trainee will be supervised and 
evaluated.
    (h) Department of State consultation with experts. The Department of 
State

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may consult experts whenever its examination of a training plan or its 
evaluation of application for designation indicates the need for such 
expertise in making an evaluation.
    (i) Records. Sponsors shall retain for three years all records 
pertaining to individual trainees, training plans, trainee evaluations, 
and agreements with third parties. Such records shall be made available 
to the Department of State upon the Department of State's request.
    (j) Selection of trainees. In addition to meeting the requirements 
of Sec. 514.10(a), trainees shall be fully qualified to participate 
successfully in a structured training program at a level appropriate for 
the individual trainee's career development. However, such training 
shall not be duplicative of the trainee's prior training and experience.
    (k) Duration of participation. The duration of participation shall 
correspond to the length of the program set forth in the sponsor's 
designation. The maximum period of participation in the Exchange Visitor 
Program for a trainee shall not exceed 18 months total.
    (l) Financial and program disclosure. Sponsors shall provide 
trainees, prior to their arrival in the United States, with:
    (1) A written statement which clearly states the stipend, if any, to 
be paid to the trainee;
    (2) The costs and fees for which the trainee will be obligated;
    (3) An estimate of living expenses during the duration of the 
trainee's stay; and
    (4) A summary of the training program which recites the training 
objectives and all significant components of the program.
    (m) Evaluation. In order to ensure the quality of the training 
program, the sponsor shall develop procedures for the ongoing evaluation 
of each training segment. Such evaluation shall include, as a minimum, 
midpoint and concluding evaluation reports from the trainee and his or 
her immediate supervisor, signed by both parties. For training courses 
of less than three months duration, evaluation reports are required upon 
conclusion of the training program.
    (n) Flight training. (1) The Department of State will consider the 
application for designation of a flight training program if such program 
complies with the above regulations, and, additionally,
    (i) Is, at the time of making said application, a Federal Aviation 
Administration certificated pilot school pursuant to title 14, Code of 
Federal Regulations, part 141; and
    (ii) At the time of making said application is accredited as a 
flight training program by an accrediting agency which is listed in the 
current edition of the United States Department of Education's 
``Nationally Recognized Accrediting Agencies and Associations,'' or is 
accredited as a flight training program by a member of the Council on 
Postsecondary Accreditation; or
    (iii) At the time of making said application has formally commenced 
the accreditation process with an accrediting agency which is listed in 
the current edition of the United States Department of Education's 
``Nationally Recognized Accrediting Agencies and Associations,'' or with 
a member of the Council on Postsecondary Accreditation. If the 
application for designation is approved, such designation shall be for 
up to twelve-months duration, with continued designation thereafter 
conditioned upon completion of the accreditation process.
    (2) Notwithstanding the provisions of Sec. 514.22(k), supra, the 
maximum period of participation for exchange visitors in designated 
flight training programs shall not exceed 24 months total. Any request 
for extension of time in excess of that authorized under this subsection 
shall be made in accordance with Sec. 514.43, infra.
    (3) For purposes of meeting the evaluation requirements set forth in 
Sec. 514.22(m), sponsors and/or third parties conducting the training 
may utilize the same training records as are required by the Federal 
Aviation Administration to be maintained pursuant to 14 CFR 141.101.

[58 FR 15196, Mar. 19, 1993; 58 FR 48448, Sept. 16, 1993. Redesignated 
at 64 FR 54539, Oct. 7, 1999]

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