[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: 22CFR62.45]

[Page 312-315]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 62--EXCHANGE VISITOR PROGRAM--Table of Contents
 
                 Subpart C--Status of Exchange Visitors
 
Sec. 62.45  Reinstatement to valid program status.

    (a) Definitions. For purpose of this section--
    You means the Responsible Officer or Alternate Responsible Officer;
    Exchange visitor means the person who enters the United States on a 
J visa in order to participate in an exchange program designated by the 
Secretary of State of the Department of State.
    Fails or failed maintain valid program status means the status of an 
exchange visitor who has completed, concluded, ceased, interrupted, 
graduated from, or otherwise terminated the exchange visitor's 
participation in the exchange program, or who remains in the United 
States beyond the end date on the exchange visitor's current Form IAP-
66.
    Unauthorized employment means any employment not properly authorized 
by you or by the Attorney General, i.e., the Immigration and 
Naturalization Service, prior to commencement of employment. 
Unauthorized employment does not include activities that are normally 
approvable, as described in paragraph (c)(3) of this section.
    We, our, or us means the office of Exchange Visitor Program Services 
of the Department of State.
    (b) Who is authorized to correct minor or technical infractions of 
the Exchange Visitor Program regulations? (1) If the exchange visitor 
committed a technical or minor infraction of the regulations, you are 
authorized to correct the exchange visitor's records with respect to 
such technical or minor infractions of the regulations in this part. 
Your correction of such an infraction(s) returns the exchange visitor to 
the status quo ante, i.e., it is as if the infraction never occurred.
    (2) You may only correct the exchange visitor's record with respect 
to a technical or minor infraction of the regulations in this part if 
the exchange visitor is pursuing or intending to pursue the exchange 
visitor's original program objective.
    (3) You may not correct the exchange visitor's records with respect 
to a technical or minor infraction of the regulations in this part if 
the exchange visitor has willfully failed to maintain insurance coverage 
during the period for which the record is being corrected; if the 
exchange visitor has engaged in unauthorized employment during that 
period, as defined in paragraph (a) of this section, of if the exchange 
visitor was involuntarily suspended or terminated from his or her 
program during the period.
    (4) If the exchange visitor has failed to maintain valid program 
status because of a substantive violation of the regulations in this 
part, you must apply to us for reinstatement.
    (c) What violations or infractions of the regulations in this part 
do we consider to be technical or minor ones, and how do you correct the 
record? We consider the following to be examples of technical or minor 
infractions which you are authorized to correct:
    (1) Failure to extend the Form IAP-66 in a timely manner (i.e., 
prior to the end date on the current Form IAP-66) due to inadvertence or 
neglect on your part or on the part of the exchange visitor.
    (2) Failure on the part of the exchange visitor to conclude a 
transfer of program prior to the end date on the

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current Form IAP-66 due to administrative delay or oversight, 
inadvertence or neglect on your part or on the part of the exchange 
visitor;
    (3) Failure to receive your prior approval and/or an amended Form 
IAP-66 before accepting an honorarium or other type of payment for 
engaging in a normally approvable and appropriate activity. Example, a 
lecture, consultation, or other activity appropriate to the category 
which is provided by a professor, research scholar, short-term scholar 
or specialist without prior approval or an amended Form IAP-66 issued 
prior to the occurrence of the activity.
    (4) You correct the record status quo ante by issuing a Form IAP-66 
or by writing an authorization letter to reflect the continuity in the 
program or the permission to engage in the activity that a timely issued 
document would have reflected.
    (i) Forms IAP-66 should be:
    (A) Issued to show continued authorized stay without interruption;
    (B) Marked in the ``purpose'' box with the appropriate purpose 
(i.e., extension, transfer, etc.) and with the additional notation of 
``correct the record'' typed in;
    (C) Dated as of the date the Form was actually executed; and,
    (D) Submitted to the Department of State in the same way as any 
other notification.
    (ii) Letters or other authorization documents should be:
    (A) Issued according to the regulations in this part appropriate to 
the category and the activity;
    (B) Marked or annotated to show ``correct the record,''
    (C) Dated as of the date the letter or document was actually 
executed; and,
    (D) Attached to the exchange visitor's Form IAP-66 and/or retained 
in the sponsor's file as required by the regulations in this part for 
that particular type of letter or document.
    (d) How do you determine if an infraction, other than those examples 
listed above is a technical or minor infraction? It is impossible to 
list every example of a technical or minor infraction. To guide you in 
making a determination, you are to examine the following criteria:
    (1) Regardless of the reason, has the exchange visitor failed to 
maintain valid program status for more than 120 calendar days after the 
end date on the current Form IAP-66?
    (2) Has the exchange visitor, by his or her actions, failed to 
maintain, at all relevant times, his or her original program objective?
    (3) Has the exchange visitor willfully failed to comply with our 
insurance coverage requirements (Sec. 514.14)?
    (4) Has the exchange visitor engaged in unauthorized employment, as 
that term is defined in paragraph (a) of this section?
    (5) Has the exchange visitor category been involuntarily suspended 
or terminated from his or her program?
    (6) Has an exchange visitor in the student category failed to 
maintain a full course of study (as defined in Sec. 514.2) without prior 
consultation with you and the exchange visitor's academic advisor?
    (7) Has the exchange visitor failed to pay the fee mandated by 
Public Law 104-208 (the ``CIPRIS'' fee)?
    (8) If the answer to any of the above questions is ``yes,'' then the 
infraction is not a technical or minor one and you are not authorized to 
reinstate the exchange visitor to valid program status.
    (e) Which violations or infractions do we consider to be substantive 
ones requiring you to apply to us for reinstatement? The following are 
substantive violations or infractions of the regulations in this part by 
the exchange visitor which require you to apply to us for reinstatement 
to valid program status:
    (1) Failure to maintain valid program status for more than 120 days 
after the end date on the current Form IAP-66;
    (2) If a student, failure to maintain a full course of study (as 
defined in Sec. 514.2) without prior consultation with you and the 
exchange visitor's academic advisor.
    (f) Which, if any, violations of the regulations in this part or 
other conditions preclude reinstatement and will result in a denial if 
application is made? We will not consider requests for reinstatement 
(nor should you) when an exchange visitor has:
    (1) Knowingly or willfully failed to obtain or maintain the required 
health

[[Page 314]]

insurance (Sec. 514.14) at all times while in the United States;
    (2) Engaged in unauthorized employment, as that term is defined in 
paragraph (a) of this section;
    (3) Been suspended or terminated from the most recent exchange 
visitor program;
    (4) Failed to maintain valid program status for more than 270 
calendar days;
    (5) Received a favorable recommendation from the Department of State 
on an application for waiver of section 212(e) of the Immigration and 
Nationality Act [8 U.S.C. 1182(e)]; or,
    (6) Failed to pay the fee mandated by Public Law 104-208 (the 
``CIPRIS'' fee.)
    (g) What if you cannot determine which category (technical, 
substantive, or non-reinstatable) the violation or infraction falls 
within? If you cannot determine which category the violation or 
condition falls within, then you must, on behalf of the exchange 
visitor, apply to us for reinstatement.
    (h) If you determine that the exchange visitor's violation of the 
regulations in this part is a substantive one, how do you apply for a 
reinstatement to valid program status? (1) If you determine that the 
violation of the regulations in this part is a substantive one, and that 
the exchange visitor has failed to maintain valid program status for 120 
days or less, you must apply to us for reinstatement of the exchange 
visitor to valid program status. Your application must include:
    (i) All copies of the exchange visitor's Forms IAP-66 issued to 
date;
    (ii) A new, completed Form IAP-66, showing in Block 3 the date of 
the period for which reinstatement is sought, i.e., the new program end 
date;
    (iii) A copy of the receipt showing that the Public Law 104-208 fee 
has been paid; and,
    (iv) A written statement (and documentary information supporting 
such statement):
    (A) Declaring that the exchange visitor is pursuing or was at all 
times intending to pursue the original exchange visitor program activity 
for which the exchange visitor was admitted to the United States; and,
    (B) Showing that the exchange visitor failed to maintain valid 
program status due to circumstances beyond the control of the exchange 
visitor, or from administrative delay or oversight, inadvertence, or 
excusable neglect on your part or the exchange visitor's part; or,
    (C) Showing that it would be an unusual hardship to the exchange 
visitor if we do not grant the reinstatement to valid program status.
    (2) If you determine that the violation of the regulations is a 
substantive one, and that the exchange visitor has failed to maintain 
valid program status for more than 120 days, then you must apply to us 
for reinstatement of the exchange visitor to valid program status. Your 
application must include:
    (i) Copies of all the exchange visitor's Forms IAP-66 issued to 
date;
    (ii) A new, completed Form IAP-66, showing in Block 3 the date for 
which reinstatement is sought, i.e., the new program end date;
    (iii) A copy of the receipt showing that the Pub. L. 104-208 fee has 
been paid; and,
    (iv) A written statement (together with documentary evidence 
supporting such statement):
    (A) Declaring that the exchange visitor is pursuing or was at all 
times intending to pursue the exchange visitor program activity for 
which the exchange visitor was admitted to the United States; and,
    (B) Showing that the exchange visitor failed to maintain valid 
program status due to circumstances beyond the control of the exchange 
visitor, or from administrative delay or oversight, inadvertence, or 
excusable neglect on your part or the exchange visitor's part; and,
    (C) Showing that it would be an unusual hardship to the exchange 
visitor if we do not grant the reinstatement to valid program status.
    (i) How will we notify you of our decision on your request for 
reinstatement? (1) If we deny your request for reinstatement, we will 
notify you by letter.
    (2) If we approve your request for reinstatement, we will notify 
you:
    (i) By stamping Box 6 on the new Form IAP-66 to show that 
reinstatement was granted, effective as of the

[[Page 315]]

date on which the application for reinstatement was received by the 
Exchange Visitor Program Services office; and
    (ii) By returning the new Form IAP-66 for the exchange visitor.
    (j) How long will it take us to act on your request for 
reinstatement? We will act on your request for reinstatement within 
forty-five days from the date on which we receive the request and 
supporting documentation.
    (k) Are you required to notify us each time that you correct a 
record? No special notification is necessary. Submission of the 
notification copy of Form IAP-66 to the Department of State serves as 
notice that a record has been corrected. Following the regulations in 
this part in issuing a letter or document serves as correction in the 
sponsor's file for those items not normally sent to the Department of 
State under existing notification procedures.

[64 FR 44126, Aug. 13, 1999. Redesignated at 64 FR 54539, Oct. 7, 1999]