[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR62.25]

[Page 283-286]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 62_EXCHANGE VISITOR PROGRAM--Table of Contents
 
                  Subpart B_Specific Program Provisions
 
Sec.  62.25  Secondary school students.

    (a) Introduction. This section governs Department of State 
designated exchange visitor programs under which foreign national 
secondary school students are afforded the opportunity for up to one 
year of study in a United States accredited public or private secondary 
school, while living with an American host family or residing at an 
accredited U.S. boarding school.
    (b) Program sponsor eligibility. Eligibility for designation as a 
secondary school student exchange visitor program sponsor is limited to 
organizations:
    (1) With tax-exempt status as conferred by the Internal Revenue 
Service pursuant to section 501(c)(3) of the Internal Revenue Code; and
    (2) Which are United States citizens as such terms are defined in 
Sec.  62.2.
    (c) Program eligibility. Secondary school student exchange visitor 
programs designated by the Department of State must:
    (1) Require all participants to be enrolled and participating in a 
full course of study at an accredited educational institution;
    (2) Allow entry of participants for not less than one academic 
semester (or quarter equivalency) nor more than two academic semesters 
(or quarter equivalency) duration; and
    (3) Be conducted on a U.S. academic calendar year basis, except for 
students from countries whose academic year is opposite that of the 
United States. Exchange students may begin in the second semester of a 
U.S. academic year if specifically permitted to do so, in writing, by 
the school in which the exchange visitor is enrolled. Both the host 
family and school must be notified prior to the exchange student's 
arrival in the United States that the placement is for either an 
academic semester or year, or calendar year program.
    (d) Program administration. Sponsors must ensure that all officers, 
employees, representatives, agents, and volunteers acting on their 
behalf:
    (1) Are adequately trained and supervised and that any such person 
in direct personal contact with exchange students has been vetted 
through a criminal background check ;
    (2) Make no student placement beyond 120 miles of the home of a 
local organizational representative authorized to act on the sponsor's 
behalf in both routine and emergency matters arising from an exchange 
student's participation in the exchange visitor program;

[[Page 284]]

    (3) Ensure that no organizational representative act as both host 
family and area supervisor for any exchange student participant;
    (4) Maintain, at minimum, a monthly schedule of personal contact 
with the student and host family, and ensure that the school has contact 
information for the local organizational representative and the program 
sponsor's main office; and
    (5) Adhere to all regulatory provisions set forth in this Part and 
all additional terms and conditions governing program administration 
that the Department may from time to time impose.
    (e) Student selection. In addition to satisfying the requirements of 
Sec.  62.10(a), sponsors must ensure that all participants in a 
designated secondary school student exchange visitor program:
    (1) Are secondary school students in their home country who have not 
completed more than eleven years of primary and secondary study, 
exclusive of kindergarten; or are at least 15 years of age but not more 
than 18 years and six months of age as of the program start date;
    (2) Demonstrate maturity, good character, and scholastic aptitude; 
and
    (3) Have not previously participated in an academic year or semester 
secondary school student exchange program in the United States or 
attended school in the United States in either F-1 or J-1 visa status.
    (f) Student enrollment. (1) Sponsors must secure prior written 
acceptance for the enrollment of any exchange student participant in a 
United States public or private secondary school. Such prior acceptance 
must:
    (i) Be secured from the school principal or other authorized school 
administrator of the school or school system that the exchange student 
participant will attend; and
    (ii) Include written arrangements concerning the payment of tuition 
or waiver thereof if applicable.
    (2) Under no circumstance may a sponsor facilitate the entry into 
the United States of an exchange student for whom a written school 
placement has not been secured.
    (3) Sponsors must maintain copies of all written acceptances and 
make such documents available for Department of State inspection upon 
request.
    (4) Sponsors must provide the school with a translated ``written 
English language summary'' of the exchange student's complete academic 
course work prior to commencement of school, in addition to any 
additional documents the school may require. Sponsors must inform the 
prospective host school of any student who has completed secondary 
school in his/her home country.
    (5) Sponsors may not facilitate the enrollment of more than five 
exchange students in one school unless the school itself has requested, 
in writing, the placement of more than five students.
    (6) Upon issuance of Form DS-2019 to a prospective participant, the 
sponsor accepts full responsibility for placing the student, except in 
cases of voluntary student withdraw or visa denial.
    (g) Student orientation. In addition to the orientation requirements 
set forth at Sec.  62.10, all sponsors must provide exchange students, 
prior to their departure from the home country, with the following 
information:
    (1) A summary of all operating procedures, rules, and regulations 
governing student participation in the exchange visitor program along 
with a detailed summary of travel arrangements;
    (2) Age and language appropriate information on how to identify and 
report sexual abuse or exploitation;
    (3) A detailed profile of the host family in which the exchange 
student is placed. The profile must state whether the host family is 
either a permanent placement or a temporary arrival family;
    (4) A detailed profile of the school and community in which the 
exchange student is placed; and
    (5) An identification card, which lists the exchange student's name, 
United States host family placement address and telephone number, and a 
telephone number which affords immediate contact with both the program 
sponsor, the program sponsor's organizational representative, and 
Department of State in case of emergency. Such cards may be provided in 
advance of home

[[Page 285]]

country departure or immediately upon entry into the United States.
    (h) Student extra-curricular activities. Exchange students may 
participate in school sanctioned and sponsored extra-curricular 
activities, including athletics, if such participation is:
    (1) Authorized by the local school district in which the student is 
enrolled; and
    (2) Authorized by the State authority responsible for determination 
of athletic eligibility, if applicable.
    (i) Student employment. Exchange students may not be employed on 
either a full or part-time basis but may accept sporadic or intermittent 
employment such as babysitting or yard work.
    (j) Host family selection. Sponsors must adequately screen and 
select all potential host families and at a minimum must:
    (1) Provide potential host families with a detailed summary of the 
exchange visitor program and the parameters of their participation, 
duties, and obligations;
    (2) Utilize a standard application form that must be signed and 
dated by all potential host family applicants which provides a detailed 
summary and profile of the host family, the physical home environment, 
family composition, and community environment. Exchange students are not 
permitted to reside with relatives.
    (3) Conduct an in-person interview with all family members residing 
in the home;
    (4) Ensure that the host family is capable of providing a 
comfortable and nurturing home environment;
    (5) Ensure that the host family has a good reputation and character 
by securing two personal references for each host family from the school 
or community, attesting to the host family's good reputation and 
character;
    (6) Ensure that the host family has adequate financial resources to 
undertake hosting obligations;
    (7) Verify that each member of the host family household eighteen 
years of age and older has undergone a criminal background check; and
    (8) Maintain a record of all documentation, including but not 
limited to application forms, background checks, evaluations, and 
interviews, for all selected host families for a period of three years.
    (k) Host family orientation. In addition to the orientation 
requirements set forth in Sec. 62.10, sponsors must:
    (1) Inform all host families of the philosophy, rules, and 
regulations governing the sponsor's exchange visitor program;
    (2) Provide all selected host families with a copy of Department of 
State-promulgated Exchange Visitor Program regulations; and
    (3) Advise all selected host families of strategies for cross-
cultural interaction and conduct workshops which will familiarize the 
host family with cultural differences and practices.
    (l) Host family placement. (1) Sponsors must secure, prior to the 
student's departure from his or her home country, a permanent or arrival 
host family placement for each exchange student participant. Sponsors 
may not:
    (i) Facilitate the entry into the United States for an exchange 
student for whom a host family placement has not been secured;
    (ii) Place more than one exchange student with a host family without 
the express prior written consent of the Department of State. Under no 
circumstance may more than two exchange students may be placed with one 
host family.
    (2) Sponsors must advise both the exchange student and host family, 
in writing, of the respective family compositions and backgrounds of 
each, whether the host family placement is a permanent or temporary 
placement, and facilitate and encourage the exchange of correspondence 
between the two prior to the student's departure from the home country.
    (3) In the event of unforeseen circumstances which necessitate a 
change of host family placement, the sponsor must document the reason(s) 
necessitating such change and provide the Department of State with an 
annual statistical summary reflecting the number and reason(s) for such 
change in host family placement in the program's annual report.
    (m) Reporting requirements. Along with the annual report required by 
regulations set forth at Sec.  62.15, sponsors

[[Page 286]]

must file with the Department of State the following information:
    (1) Sponsors must immediately report to the Department any incident 
or allegation involving the actual or alleged sexual exploitation or 
abuse of an exchange student participant. Sponsors must also report such 
allegations as required by local or state statute or regulation. Failure 
to report such incidents to the Department and, as required by state law 
or regulation, to local law enforcement authorities shall be grounds for 
the summary suspension and termination of the sponsor's Exchange Visitor 
Program designation.
    (2) A summation of all situations which resulted in the placement of 
exchange student participants with more than one host family or school 
placement; and
    (3) Provide a report of all final academic year and semester program 
participant placements by August 31 for the upcoming academic year or 
January 15 for the Spring semester and calendar year. The report must 
provide at a minimum, the exchange visitor student's full name, Form DS-
2019 number (SEVIS ID ), host family placement (current U.S. 
address), and school (site of activity) address.

[71 FR 16697, Apr. 4, 2006]