[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: 22CFR62.23] [Page 295-297] TITLE 22--FOREIGN RELATIONS CHAPTER I--DEPARTMENT OF STATE PART 62--EXCHANGE VISITOR PROGRAM--Table of Contents Subpart B--Specific Program Provisions Sec. 62.23 College and university students. (a) Purpose. Programs under Sec. 514.23 provide foreign students the opportunity to participate in a designated exchange program while studying at a degree-granting post-secondary accredited educational institution. Exchange visitors under this category may participate in degree and non-degree programs. Such exchanges are intended to promote mutual understanding by fostering the exchange of ideas between foreign students and their American counterparts. (b) Designation. The Department of State may, in its sole discretion, designate bona fide programs which offer foreign nationals the opportunity to study in the United States at post-secondary accredited educational institutions. (c) Selection criteria. Sponsors select the college and university students who participate in their exchange visitor programs. Sponsors shall secure sufficient background information on the students to ensure that they have the academic credentials required for their program. Students are eligible for the Exchange Visitor Program if at any time during their college studies in the United States: (1) They or their program are financed directly or indirectly by: (i) The United States Government; (ii) The government of the student's home country; or (iii) An international organization of which the United States is a member by treaty or statute; (2) The programs are carried out pursuant to an agreement between the United States Government and a foreign government; (3) The program are carried out pursuant to written agreement between: (i) American and foreign educational institutions; (ii) An American educational institution and a foreign government; or (iii) A state or local government in the United States and a foreign government; or (4) The exchange visitors are supported substantially by funding from any source other than personal or family funds. (d) Admissions requirement. In addition to satisfying the requirements of Sec. 514.10(a), sponsors shall ensure that the exchange visitor student has been admitted to the post-secondary accredited educational institution(s) listed on the Form IAP-66 before issuing the form. (e) Full course of study requirement. Exchange visitor students shall pursue a full course of study at a post-secondary accredited educational institution in the United States as defined in Sec. 514.2, except under the following circumstances: (1) Vacation. During official school breaks and summer vacations if the student is eligible and intends to register for the next term. A student attending a school on a quarter or trimester calendar may be permitted to take the annual vacation during any one of the quarters or trimesters instead of during the summer. (2) Medical problem. If the student is compelled to reduce or interrupt a full course of study due to an illness or medical condition and the student presents to the responsible officer a written statement from a physician requiring or recommending an interruption or reduction in studies. (3) Bona fide academic reason. If the student is compelled to pursue less than a full course of study for a term and the student presents to the responsible officer a written statement from the academic dean or advisor recommending the student to reduce his or her academic load to less than a full course of study due to an academic reason. (4) Non-degree program. If the student is engaged full time in a prescribed course of study in a non-degree program of up to 24 months duration conducted by a post-secondary accredited educational institution. (5) Academic training. If the student is participating in authorized academic training in accordance with Sec. 514.23(f). (6) Final term. If the student needs less than a full course of study to complete the academic requirements in his or her final term. (f) Academic training. (1) A student may participate in academic training programs during his or her studies, without wages or other remuneration, [[Page 296]] with the approval of the academic dean or advisor and the responsible officer. (2) A student may be authorized to participate in academic training programs for wages or other remuneration: (i) During his or her studies; or (ii) Commencing not later than thirty (30) days after completion of his or her studies, if the criteria, time limitations, procedures, and evaluations listed below in paragraphs (f) (3) to (6) are satisfied: (3) Criteria. (i) The student is primarily in the United States to study rather than engage in academic training; (ii) The student is participating in academic training that is directly related to his or her major field of study at the post- secondary accredited educational institution listed on his or her Form IAP-66; (iii) The student is in good academic standing with the post- secondary accredited educational institution; and (iv) The student receives written approval in advance from the responsible officer for the duration and type of academic training. (4) Time limitations. The exchange visitor is authorized to participate in academic training for the length of time necessary to complete the goals and objectives of the training, provided that the amount of time for academic training: (i) Is approved by the academic dean or advisor and approved by the responsible officer; (ii) For undergraduate and pre-doctoral training, does not exceed eighteen (18) months, inclusive of any prior academic training in the United States, or the period of full course of study in the United States, whichever is less; except, additional time for academic training is allowed to the extent necessary for the exchange visitor to satisfy the mandatory requirements of his or her degree program in the United States; (iii) For post-doctoral training, does not exceed a total of thirty- six (36) months, inclusive of any prior academic training in the United States as an exchange visitor, or the period of the full course of study in the United States, whichever is less. A new Form IAP-66 shall be issued for each eighteen (18) month period. (5) Procedures. To obtain authorization to engage in academic training: (i) The exchange visitor shall present to the responsible officer a letter of recommendation from the student's academic dean or advisor setting forth: (A) The goals and objectives of the specific training program; (B) A description of the training program, including its location, the name and address of the training supervisor, number of hours per week, and dates of the training; (C) How the training relates to the student's major field of study; and (D) Why it is an integral or critical part of the academic program of the exchange visitor student. (ii) The responsible officer shall: (A) Determine if and to what extent the student has previously participated in academic training as an exchange visitor student, in order to ensure the student does not exceed the period permitted in Sec. 514.23(f); (B) Review the letter required in paragraph (f)(5)(i) of this section; and (C) Make a written determination of whether the academic training currently being requested is warranted and the criteria and time limitations set forth in Sec. 514.23(f) (3) and (4) are satisfied. (6) Evaluation requirements. The sponsor shall evaluate the effectiveness and appropriateness of the academic training in achieving the stated goals and objectives in order to ensure the quality of the academic training program. (g) Student employment. Exchange visitor students may engage in part-time employment when the following criteria and conditions are satisfied. (1) The student employment: (i) Is pursuant to the terms of a scholarship, fellowship, or assistantship; (ii) Occurs on the premises of the post-secondary accredited educational institution the visitor is authorized to attend; or (iii) Occurs off-campus when necessary because of serious, urgent, and unforeseen economic circumstances which have arisen since acquiring exchange visitor status. [[Page 297]] (2) Exchange visitor students may engage in employment as provided in paragraph (g)(1) of this section if the: (i) Student is in good academic standing at the post-secondary accredited educational institution; (ii) Student continues to engage in a full course of study, except for official school breaks and the student's annual vacation; (iii) Employment totals no more than 20 hours per week, except during official school breaks and the student's annual vacation; and (iv) The responsible officer has approved the specific employment in advance and in writing. Such approval may be valid up to twelve months, but is automatically withdrawn if the student's program is terminated. (h) Duration of participation--(1) Degree students. Exchange visitor students who are in degree programs shall be authorized to participate in the Exchange Visitor Program as long as they are either: (i) Studying at the post-secondary accredited educational institution listed on their Form IAP-66 and are: (A) Pursuing a full course of study as set forth in Sec. 514.23(e), and (B) Maintaining satisfactory advancement towards the completion of their academic program; or (ii) Participating in an authorized academic training program as permitted in Sec. 514.23(f). (2) Non-degree students. Exchange visitors who are non-degree students shall be authorized to participate in the Exchange Visitor Program for up to 24 months, if they are either: (i) Studying at the post-secondary accredited educational institution listed on their Form IAP-66 and are: (A) Participating full-time in a prescribed course of study; and (B) Maintaining satisfactory advancement towards the completion of their academic program; or (ii) Participating in an authorized academic training program as permitted in Sec. 514.23(f).