Cite as "Posted on AILA InfoNet at Doc. No. 02121243
(Dec. 12, 2002) ."
(67 FR 76307, 12/12/02).
[Federal Register: December 12, 2002
(Volume 67, Number 239)]
[Rules and Regulations]
[Page 76307-76316]
From the Federal Register Online via GPO Access
[wais.access.gpo.gov]
[DOCID:fr12de02-4]
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DEPARTMENT OF STATE
22 CFR Part 62
[Public Notice 4214]
RIN 1405-AB45
Exchange Visitor Program: SEVIS Regulations
AGENCY: Department of State.
ACTION: Interim final rule with request for comments.
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SUMMARY: This interim final rule establishes regulations
and procedures for designated Exchange Visitor Program sponsors to gain
access to the Student and Exchange Visitor Program (SEVP) database through
the Student and Exchange Visitor Information System (SEVIS) for the
reporting of information essential to the administration of their exchange
visitor program in an electronic environment. It also provides a means
for organizations interested in being considered for designation to
apply for authorization. The purpose of this rule is to provide immediate
access to SEVIS to enable the Attorney General to meet the legislative
mandate established in section 641 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (IIRIRA) (Pub. L. 104-208),
which requires the Attorney General, in consultation with the Secretary
of State and the Secretary of Education, to develop an electronic system
to collect information on aliens who have, or are applying for nonimmigrant
status under subparagraph (F), (J), or (M) of section 101(a)(15) of
the Immigration and Nationality Act (Act). Although the Attorney General
has the primary responsibility for implementing SEVIS, the Department
is promulgating this rule to set forth the SEVIS requirements that specifically
pertain to exchange visitor program sponsors. USCIS will specifically
address those areas over which they have responsibility for exchange
visitors (e.g., admission, change of status, and duration of status)
in a separate rule.
DATES: Effective Date: This rule is effective December
12, 2002. Comment Dates: Written comments regarding this rule must be
submitted on or before January 13, 2003. Comments on proposed information
collections must be submitted on or before 60 days from December 12,
2002.
ADDRESSES: Comments regarding this rule must be presented
in duplicate and addressed as follows: U.S. Department of State, Office
of Exchange Coordination and Designation, Bureau of Educational and
Cultural Affairs, 301 4th Street, SW., Room 734, Washington, DC 20547.
FOR FURTHER INFORMATION CONTACT: Stanley S. Colvin, Acting
Director, Office of Exchange Coordination and Designation, Bureau of
Educational and Cultural Affairs, 301 4th Street, SW., Room 734, Washington,
DC 20547; 202-401-9810; fax: 202-401-9809.
SUPPLEMENTARY INFORMATION:
I. Introduction
What Is the Student and Exchange Visitor Program (SEVP)?
The SEVP is a statutorily mandated information system
designed to electronically track and record the entry and presence in
the United States of student and exchange visitor non-immigrants. The
SEVP is the responsibility of USCIS who has developed the enterprise architecture necessary to implement
the electronic tracking of student and exchange visitors. The Department
of State (Department) is promulgating this rule in order to advise future
applicants for Exchange Visitor Program designation of certain procedures
now necessary for
[[Page 76308]]
The administration and oversight of exchange programs
in light of the USCIS implementation of SEVIS. In September 1996, Pub.
L. 104-208 (Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (IIRIRA)) was enacted. IIRIRA directed the Attorney General
to develop, in consultation with the Department of Education and the
Department of State, an electronic information collection system that
would track the entry and presence in the United States of non-immigrants
in F, M and J visa status. The USCIS developed the program known as the
Student and Exchange Visitor Program (SEVP) to meet this mandate. The
electronic system that implements SEVP is known as the Student and Exchange
Visitor Information System (SEVIS). SEVIS creates a means for information
collection and reporting via the Internet and a reduction in data latency,
and paper record maintenance.
On October 26, 2001, Section 416 of the USA PATRIOT Act (Uniting and
Strengthening America by Providing Appropriate Tools Required to Intercept
and Obstruct Terrorism), Public Law 107-56 subsequently amended IIRIRA.
It mandated that SEVIS be fully implemented and expanded prior to January
1, 2003 and collect the date and port of entry of an exchange visitor
or student. It also expanded the data collection specified in IIRIRA
to include ``other approved educational institutions'' and identified
these to be any [air] flight school, language training school, or vocational
schools approved under subparagraph (F), (J) of (M) of section 101(a)(15)
of the Immigration and Nationality Act (INA).
IIRIRA was once again amended on May 14, 2002. The Enhanced Border Security
and Visa Reform Act of 2002, Pub. L. 107-173, Title V, strengthened
requirements for the implementation and monitoring of the SEVIS program
by requiring schools, sponsors, the USCIS and the Department to share
data on foreign students and participants of exchange programs (e.g.,
the issuance of documentation of acceptance; the issuance of a visa
to a foreign student or exchange visitor; the admission of the foreign
student or exchange visitor into the United States; the registration
and enrollment or the participation of an exchange visitor in their
program; and, any other relevant act by the foreign student or exchange
visitor, including changing schools or sponsors and any termination
of studies or participation in an exchange program). Sponsors must report
to SEVIS the failure of any exchange visitor to begin his or her program
participation as scheduled. Sponsors shall report this failure not later
than 30 calendar days following the scheduled commencement date.
What Is the Purpose of This Rule?
The Department of State, in coordination with the USCIS,
has established January 30, 2003, as the date on which use of SEVIS
for the issuance of all future DS-2019 will be mandatory. In order to
facilitate transition to SEVIS, the Department is issuing this interim
final rule. This rule creates a new subpart F to specifically address
the requirements of SEVIS and provides additional instructions to existing
sponsors on getting immediate access to SEVIS. This rulemaking does
not change the existing regulations governing the Exchange Visitor Program
(22 CFR Part 62) even though, in practicality, these requirements will
be affected. The Department will finalize this rule in the near future
by incorporating this new Subpart into the rest of the regulations.
The Department will issue future rulemakings as additional SEVIS capabilities
become available.
What Impact Will SEVIS Have on the Exchange Visitor Program?
Under the existing regulations and procedures, in order
to sponsor a non-immigrant as an exchange visitor, a sponsor must complete
and send a multi-copy paper, Certificate of Eligibility for Exchange
Visitor (J-1) Status (the non-SEVIS Form DS-2019, formerly known as
Form IAP-66) to the potential exchange visitor. The sponsor maintains
a copy of the non-SEVIS Form DS-2019; a copy is provided to the non-
immigrant; a copy is provided to the USCIS for their records; and, a copy
is routed to the Department for data-entry purposes, which is not accessible
for use by the sponsor. The current process is entirely manual and paper-based.
At this time, SEVIS creates a means for sponsors to comply with some
of the information collection and reporting requirements of the existing
Exchange Visitor Program via the Internet, reducing data latency and
paper record maintenance and routing. SEVIS will provide sponsors with
the ability to create a one-page Form DS-2019 (with one page of instructions
for the non-immigrant and a watermarked version of the DS-2019 for use
by USCIS at entry points) by entering information electronically into
the database, thus instantly collecting the data in a central database
before the Form is ever printed. As the information is centrally located
and instantly collected, the need for multiple copies can be phased
out. The sponsor can access the data by logging into SEVIS, and the
Department will no longer be required to collect the information contained
on the Form through a data-entry contract. Over the next several months
the Department will phase-in the use of SEVIS to implement other regulatory
requirements of the Exchange Visitor Program regulations (22 CFR part
62). (See ``IV. Anticipated Improvements'', below.)
How Will Sponsors Be Notified of the Arrival of Exchange
Visitors in the United States?
Title V of the Enhanced Border Security and Entry Reform
Act of 2002 (Pub. L. 107-173) directs the USCIS to notify schools and
programs sponsors when a student or exchange visitor has been admitted
to the United States. The Department is advised that this notification
process will be available electronically through SEVIS, on or about
January 1, 2003.
Prior to the availability of this function in SEVIS, SEVIS will generate
an original SEVIS Form DS-2019 and a watermarked version of the Form
when the Form is issued to a potential exchange visitor to begin a new
program. (The watermarked version of the SEVIS Form DS-2019 will not
contain a barcode and is easily identified by the words, ``Data Entry
Purposes'' printed across the face.) Upon initial admission of the exchange
visitor at the port-of-entry, the USCIS inspector will properly annotate
both the original SEVIS Form DS-2019 and the watermarked version. The
USCIS inspector will return the original SEVIS Form DS-2019 to the exchange
visitor and the watermarked version will be forwarded by the inspector
to the USCIS' data processing center. The watermarked version will be
returned to the sponsor within approximately 10 days of the exchange
visitor's arrival. The sponsor will be responsible for notifying the
USCIS and the Department that the exchange visitor has failed to commence
program participation by updating the record in SEVIS. Non-SEVIS generated
Forms DS-2019 will continue to be processed by USCIS in the same manner
as it has done in the past.
What Is the SEVIS Timeline for Exchange Visitor Program?
Pursuant to statute, the Department of State, in coordination
with the USCIS, has established January 30, 2003, as the date after which
all sponsors must use SEVIS. Accordingly, all designated exchange visitor
program sponsors are required to be enrolled in SEVIS by this date in
order to continue sponsoring non-immigrants as exchange visitors.
[[Page 76309]]
After January 30, 2003, only SEVIS-generated Forms DS-2019
can be used for change of non-immigrant classification, reinstatement,
transfers, extensions, change of category or any other immigration benefit.
During a transition period, previously issued paper Forms DS-2019 will
be accepted for visa issuance and admission, so long as the exchange
visitor's Form was issued by a sponsor prior to January 30, 2003.
In order to ensure that all current sponsors have access to SEVIS by
January 30, any sponsor that wishes to continue administering an exchange
visitor program must complete and submit an SEVIS Form DS-3036 (Exchange
Visitor Program Application) through SEVIS to the Department no later
than December 16, 2002. (See ``How does a current sponsor enroll to
participate in SEVIS?'' below.) The Department will need this time to
undertake the administrative actions necessary to authorize sponsor
access to SEVIS.
By August 1, 2003, sponsors will also be required to enter information
on all exchange visitors continuing to participate in their program
after that date, including those that entered the country on a non-SEVIS
Form DS-2019, IAP-66 or IAP-66P. Exchange visitors who end their participation
in the sponsor's exchange visitor program before this date need not
be entered. Accordingly, sponsors must enter the required information
for all exchange visitor program participants (including accompanying
spouse and/or dependent children) who continue in exchange visitor status
after August 1. It is important to note that a separate, SEVIS-generated
Form DS-2019 must be prepared for the accompanying spouse and each dependent
child.
Sponsors are not required to enter any of their current or continuing
exchange visitors into SEVIS prior to August 1, 2003, except for those
current or continuing exchange visitors who need a new Form DS-2019
due to a reportable action (i.e., extensions, reinstatements, transfers,
changes of category, changes of status, replace a lost form, amendments,
corrections or visa issuance).
What Is the Relationship Between SEVIS and NSEERS?
SEVIS requires the timely reporting and updating of a
change in actual and current U.S. address of an exchange visitor. This
reporting, however, does not satisfy certain address reporting requirements
that are imposed by other regulations or statutes. Specifically, the
National Security Entry-Exit Registration System (NSEERS) imposes a
separate address-reporting requirement. Address reporting through SEVIS
does not satisfy the NSEERS reporting requirement.
What Is the Relationship Between ISEAS and SEVIS?
ISEAS (Interim Student and Exchange Authentication System)
is a web-based system that allows consular officers to verify the acceptance
of foreign students and exchange visitors who apply to enter the United
States in student (F or M) and exchange visitors (J) nonimmigrant visa
categories based on information the schools or exchange visitor program
sponsors enter directly into the system. ISEAS was intended to be an
interim mechanism to collect information on foreign students and exchange
visitors pending SEVIS development and is not a comprehensive solution
to better track these non-immigrants. Because ISEAS is an interim system
designed solely to meet the requirement of section 501(c) of the Enhanced
Border Security and Visa Entry Reform Act of 2002 (Pub. L. 107-173),
the data in ISEAS will not be shared with SEVIS. This is significant
because until SEVIS is fully implemented, schools and program sponsors
will have to electronically register visa applicants into two separate
databases (ISEAS and SEVIS). ISEAS will sunset when SEVIS is fully implemented.
Must a Sponsor Continue To Use ISEAS Once Enrolled in
SEVIS?
Until SEVIS is fully implemented, sponsors will be required
to enter exchange visitors into both ISEAS and SEVIS. While the Department
recognizes that this is a significant duplication of burden on the sponsors,
it is a necessary transitional measure to ensure that consular officials
issuing visas have access to the appropriate information.
II. Implementation
How Will Sponsors Enter Data Into SEVIS?
Data can be entered into SEVIS through an interactive
mode or through batch processing. The interactive mode is the web-based
interaction between the sponsor (responsible officer/alternate responsible
officer) and SEVIS. Using a user ID and password to gain access to SEVIS,
the sponsor will enter data directly into the database. A completed
SEVIS Form DS-2019 will print through the sponsor's computer to the
sponsor's printer. The Department anticipates virtually no cost to using
the interactive mode. This capability only requires Internet access
and a browser, most of which are commonly available at no charge. No
other software is necessary, and there are no recurring fees for access
to SEVIS.
Batch processing is an electronic data exchange that takes place between
the sponsor's database system and SEVIS. Technical requirements for
the development of sponsor specific batch processing software are posted
on the USCIS SEVIS website. It is anticipated that SEVIS will be able
to accept batch submission by December 2002. The use of batch processing
is a choice to be made voluntarily by each sponsor. Given the tremendous
variation in the size of programs designated by the Department, we anticipate
that some sponsors will prefer to develop batch-processing capabilities
while others will have no need to pursue this choice.
How Does a Sponsor Enroll to Participate in SEVIS?
Currently designated sponsors must complete the SEVIS
Form DS-3036 in order to enroll in SEVIS. A temporary user ID and password
is required in order to access, create, retrieve and submit an electronic
SEVIS Form DS-3036 (see ``How to register for a SEVIS temporary user
ID'' below). Only one application (the SEVIS Form DS-3036) can be created
using this temporary user ID. The temporary ID remains valid for 30
calendar days; if the SEVIS Form DS-3036 is not submitted within 30
calendar days, the temporary ID is deactivated. No changes can be made
to the SEVIS Form DS-3036 once it is submitted. However, after the SEVIS
Form DS-3036 has been submitted, the temporary user ID remains active
for viewing and printing purposes until the application has either been
approved or denied. Upon either approval or denial of the application,
the temporary ID will be deactivated and will no longer provide the
user with access to SEVIS.
Sponsors completing the SEVIS Form DS-3036 in order to enroll their
currently designated program in SEVIS need not submit any documentation
and/or fee normally associated with the paper Form DS-3036 to the Department.
Sponsors will complete the SEVIS Form DS-3036 using the information
contained in their most recent letter of designation or redesignation.
Enter the name of the sponsor as it is stated in the letter of designation/redesignation;
select ``currently designated sponsor'' as the type of application;
and, enter the program number as assigned by the Department. Enter only
the exchange visitor categories authorized by the Department at time
of SEVIS enrollment
[[Page 76310]]
(amendments to the categories authorized can take place
electronically after the program is enrolled in SEVIS). Once the application
has been submitted, no further changes can be made. The person submitting
the SEVIS Form DS-3036 will receive an email advising that the application
was successfully received. The applicant is not required to print out
the completed SEVIS Form DS-3036.
The Department will review the electronic submission and compare the
information entered into SEVIS with the sponsor's program file. When
the information has been verified, the Department will approve access
to SEVIS. At that time, SEVIS will generate permanent user IDs for the
responsible officer and alternate responsible officer(s) identified
on the SEVIS Form DS-3036 and will email them to each person, along
with instructions for acquiring passwords to the system.
When enrollment authorization has been granted, the sponsor must return
all unused non-SEVIS Forms DS-2019 on hand, with a reconciliation of
form usage. Once enrolled in SEVIS, a sponsor is prohibited from issuing
non-SEVIS Forms DS-2019 for any purpose.
How Does a New Organization Apply for Designation to Conduct
an Exchange Visitor Program?
An organization wishing to apply for designation to conduct
an Exchange Visitor Program must submit an Exchange Visitor Program
Application (DS-3036) to the Department, including the SEVIS Form DS-
3036 and the documentation and fees currently associated with the Form
DS-3036. In order to access the SEVIS Form DS-3036, a temporary user
ID and password is required (see ``How to register for a SEVIS temporary
user ID'' below).
Only one SEVIS Form DS-3036 can be created using this temporary user
ID. The temporary ID remains valid for 30 calendar days; if you do not
submit the application within 30 calendar days, the temporary ID is
deactivated. No changes can be made to the SEVIS Form DS-3036 once it
is submitted. Upon either approval or denial of the application, the
temporary ID will be deactivated and will no longer provide the user
with access to SEVIS.
When completing the SEVIS Form DS-3036, be certain to choose ``new''
as the type of application if this is the first time applying for designation
as an exchange visitor program; do not choose ``currently designated
sponsor'' as this option is only for sponsors who are currently designated
to conduct an exchange program.
Once the SEVIS Form DS-3036 has been completed, the applicant must print-out,
sign and notarize the SEVIS Form DS-3036 and mail it with the non-reimbursable
fee and required supporting documentation (see 22 CFR 62.5(b), (c) and
(d)) to the Department within 30 days of the electronic submission.
At the time of receipt, the Department will note in SEVIS that the complete
application package has been received, and SEVIS will send the applicant
an email advising that the application and required fee has been received
and that the application is pending review.
If the application submitted to the Department does not include the
required fee or supporting documentation, the Department will make a
note in SEVIS, and SEVIS will email the applicant. The email will advise
that either the fee or supporting documentation must be submitted to
the Department in order for the process to continue. When the Department
receives the subsequent submission (i.e., required fee or supporting
documentation), the Department will record it in SEVIS, and SEVIS will
email the applicant advising of the receipt of the subsequent mailing
and the process will continue. If the Department does not record in
SEVIS that the complete application (SEVIS Form DS-3036, fee and supporting
documentation), or any part thereof, has been received prior to the
expiration of the 30- calendar day submission period, SEVIS will automatically
cancel the application request. If an application request is cancelled
by SEVIS, all fees submitted will be forfeited. During the review process
should the Department determine that additional information is required
to render a decision, the Department will note this fact in SEVIS and
send the applicant a written letter (outside of SEVIS) outlining the
information required in order to continue the review. SEVIS will notify
the applicant by email, advising of the need for additional information
and the forthcoming written letter. The review process is suspended
pending receipt of the additional information requested by the Department.
On receipt of the requested information, the Department again records
this in SEVIS, the applicant is notified by email, and the review process
continues.
Upon approval of the application, the Department will update SEVIS.
SEVIS will notify the applicant by email, as well as the individuals
identified in the application as the responsible officer and alternate
responsible officer(s). In addition, the responsible officer and alternate
responsible officer(s) will receive emails providing them with their
own unique user IDs and instructions on how to set up passwords. The
Department will continue to issue a formal letter of designation to
the applicant outside of SEVIS. If the request for designation is denied,
the Department will record it in SEVIS accordingly; however, the Department
will notify the applicant of the decision in writing by letter outside
of the SEVIS system.
Upon implementation of this rule, all new applicants for Exchange Visitor
Program designation must use SEVIS to generate and submit the SEVIS
DS-3036 to the Department in addition to the existing requirements of
the paper Form DS-3036.
How Do I Register for a SEVIS Temporary User ID?
The SEVIS Log in Page (http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.ins.usdoj.gov/sevis)
includes a link used to obtain a temporary user ID and a password for
creating and submitting the electronic Exchange Visitor Program Application
(SEVIS Form DS-3036). Once this site is accessed, a user should click
the ``Register for New Account'' link at the bottom of the screen and
the System will display a ``Register for a New SEVIS Account'' screen.
At a minimum, a user must complete all fields preceded by a red asterisk
(*). When authorization is granted by the Department the temporary user
will receive two e-mail messages, one containing the temporary ID and
a second e-mail containing instructions on how to access SEVIS for the
first time.
To facilitate the initial use of SEVIS, the System has been developed
to provide the user with features such as user manuals, tutorials and
a ``Help'' feature. A new user to the System should review these tools
before attempting to complete the SEVIS Form DS- 3036. If a user should
forget his or her password, contact the SEVIS Help Desk at 1-800-892-4829.
The current temporary account will be disabled and a new one will be
created.
What Happens If a Sponsor Does Not Provide Information
to SEVIS?
Pursuant to the provisions of section 641(d)(2) of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(Public Law 104-208), a designated exchange visitor program failing
to provide the information specified, is subject to program revocation.
[[Page 76311]]
III. Effect on Existing Exchange Visitor Program Regulations
Existing Exchange Visitor Program regulations are not
amended by this rule. SEVIS will, however, be utilized to submit information
electronically. The Department has identified the following regulations
for which the information required therein will be submitted or transmitted
in SEVIS:
Subpart A--General Provisions
Section 62.5 Application Procedure
This section of the Exchange Visitor Program regulations
remains unchanged. However, SEVIS provides for the electronic submission
of the Exchange Visitor Program Application (Form DS-3036) (see ``Submission
of New Applications for Designation (Form DS-3036)''). The required
fee and supporting documentation will continue to be submitted in paper
format. The submission of fees and supporting documentation will be,
at some point in the future, accomplished electronically as the USCIS
further develops the SEVIS enterprise architecture.
Section 62.6 Designation
In addition to the Department's formal letter of designation,
SEVIS will provide applicants with an email notifying of a favorable
determination.
Section 62.7
Redesignation Sponsors continue to be required to apply
for redesignation. SEVIS, however, produces an alert prior to the end
of the designation cycle to assist sponsors in filing the redesignation
request in a timely manner.
Section 62.9 General Obligations of Sponsors
Requirements of this section remain unchanged. Section
62.9(g)(3) permits the Department to limit the number of alternate responsible
officers appointed by the sponsor. SEVIS limits the sponsor from appointing
more than ten (10).
Section 62.10 Program Administration
The regulatory provisions of this section remain unchanged.
Sponsors shall ensure that only the responsible officer and/or alternate
responsible officer(s) issue the SEVIS-generated Form DS- 2019. Sponsors
shall continue to retain all records relating to their exchange program
and exchange visitors for a minimum of three years. However, SEVIS-generated
records will no longer be subject to this requirement as they have been
provided electronically.
The sponsors' obligation to monitor the exchange participants in their
program continues unchanged. However, sponsors will now report the actual
and current U.S. address of all sponsored participants to SEVIS. Sponsors
must update the actual and current U.S. address information for participants
within 21 days of being notified by a participant of a change in his
or her address. A sponsor's failure to update the actual and current
U.S. address information within 21 days of receipt may be grounds for
revocation of their Exchange Visitor Program status.
Sponsors shall report a U.S. mailing address, i.e., P.O. box address,
in those limited circumstances where mail cannot be delivered to the
current and actual U.S. address. In those limited circumstances where
a mailing address is reported, sponsors will continue to be required
to maintain the actual and current U.S. address, e.g., dorm, building
and room number, of the participant.
Section 62.11 Duties of Responsible Officers
These regulatory provisions remain unchanged. However,
as SEVIS will generate Form DS-2019 by the use of a user ID and password,
the responsible officer and alternate responsible officer(s) are prohibited
from dispensing and/or sharing their ID and password with others.
Section 62.12 Control of Forms DS-2019
While the regulatory provisions of this section remain
unchanged, access, completion and printing of SEVIS-generated, Forms
DS-2019 is restricted to facilities that house the responsible officer
and/or alternate responsible officers located within the United States
or its U.S. territories. All SEVIS-generated Forms DS-2019 must printed
and signed in blue ink by the responsible officer or alternate responsible
officer(s) so that the original Forms DS-2019 can be easily distinguished
from any photocopies that may be made of the Form. At no time is the
sponsor permitted to forward, via facsimile or other electronic means,
unsigned SEVIS Forms DS-2019 to exchange visitors, either directly or
via an employee, officer or agent of the sponsor, or to an individual
designated by the exchange visitor. Sponsors are also prohibited from
scanning the Form DS-2019 to create an electronic image of the Form.
In addition, while sponsors are able to generate and cancel a SEVIS
Form DS-2019, sponsors are required to destroy damaged and unusable
Forms on the sponsor's premises (e.g., Forms with errors or Forms damaged
by the printer); and, are required to continue to request exchange visitors
and prospective exchange visitors to return any unused SEVIS Form DS-2019
to the sponsor for destruction by the sponsor.
Further, sponsors will submit requests for SEVIS Form DS-2019 allotments
electronically. As SEVIS electronically generates the Form DS-2019,
safeguarding the Forms and information will now be accomplished by electronic
storage. SEVIS will also automatically record the sponsor's allotment
of Forms DS-2019, as well as their issuance.
Section 62.13 Notification Requirements
While the requirements of this section remain unchanged,
SEVIS enables sponsors to electronically report these events. SEVIS
enables sponsors to update its SEVIS record to indicate a change in
address, telephone or facsimile number. It also enables sponsors to
update the program status of exchange visitors who have completed their
programs or who have otherwise been terminated from his or her program.
A sponsor who is no longer interested in conducting an exchange program,
or whose financial circumstances render the sponsor unable to comply
with its obligations (as set forth in section 62.9), can electronically
notify the Department through SEVIS of this decision.
Sponsors will continue to promptly notify the Department directly by
telephone (confirming in writing) or facsimile of any serious problem
or controversy that could be expected to bring the Department of State
or the sponsor's exchange visitor program into notoriety or disrepute.
Sponsor will also notify the Department, outside of SEVIS, of a change
in composition of the sponsoring organization affecting its U.S. citizenship
(as defined in section 62.2); a major change in control of the sponsor's
organization; loss of licensure or accreditation; and/or, litigation
related to the sponsor's exchange visitor program where the sponsor
is a party.
Sponsors must report within 30 calendar days that an exchange visitor
has begun his or her program participation as scheduled. Sponsors must
also report, to SEVIS, not later than 30 calendar days after the program
start date on the Form DS-2019, the failure of any non-immigrant to
begin his or her program as scheduled. Section 62.15 Annual reports.
Sponsors continue to be required to submit annual reports to the Department.
SEVIS assists sponsors in the completion of the report by electronically
producing the report form and automatically identifying and
[[Page 76312]]
populating the categories of participants authorized by
the Department. In order to meet the regulatory certification requirements
of section 62.14, sponsors must complete the narrative sections, print,
sign and mail the annual report to the Department. SEVIS provides sponsors
with an alert in advance of the deadline for filing the annual report.
However, due to the transition period whereby sponsors convert from
the use of the paper Form DS-2019 to the SEVIS-generated Form DS-2019,
sponsors will be required to report to the Department their use of both
the paper Form DS-2019 and the SEVIS-generated Form DS-2019. Sponsors
will submit the existing, non-SEVIS annual report form currently utilized
by sponsors to provide a numerical count, by category, of all exchange
visitors participating in the sponsors program for the reporting year.
Sponsors will also generate a report in SEVIS that must be printed,
signed, and sent to the Department, accounting for those forms issued
through SEVIS to exchange visitor participants. This dual reporting
will only be required until such time as the sponsor's annual report
cycle falls completely within the period of time in which SEVIS- generated
Forms DS-2019 are issued. Subpart B--Specific Program Provisions
Sponsors must utilize SEVIS to complete the Form DS-2019 issued to all
non-immigrants (and accompanying spouse and dependent children) selected
to participate in their programs. Sponsors issuing a Form DS- 2019 to
an alien physician to enable them to participate in their program for
the purposes of observation, consultation, teaching or research shall
continue to sign and append a certification to the SEVIS-generated Form
DS-2019 as specified in section 62.27(c)(1)(i) or (ii). Placement reports
used by the Department for monitoring and oversight of the summer work/travel
and camp counselor program will continue to be submitted as required
by existing regulations as will the management audit required of au
pair program sponsors. The requirements for the authorization of student
employment and academic training will now be documented in SEVIS (see
22 CFR 62.73 and 62.74), and thus program sponsors will no longer be
required to retain or produce paper documents for these two functions.
Also, SEVIS will now automatically record the matriculation level of
students (e.g., secondary, associate, bachelors, masters, doctorate
and non-degree) and whether a trainee is engaged in specialty or non-
specialty training.
Subpart C--Status of Exchange Visitors
The regulatory requirements of subpart C are not changed. However, SEVIS
assists sponsors in the administration of their programs by electronically
capturing and submitting data on requested actions and sending the Department
an advance notification of an impending request. Requests for changes
of category, extensions beyond the maximum duration of participation
and reinstatement to valid program status will be filed electronically.
Paper documentation requirements remain in place until infrastructure
software necessary for the submission of such documentation electronically
is in place. Review of these requests may not be completed until supporting
documentation and the required fee is received. SEVIS will be utilized
to transmit approvals.
As discussed above, mandatory compliance with SEVIS is January 30, 2003.
For the period of time between the promulgation of this rule and the
mandatory compliance date, some exchange visitor program sponsors will
be utilizing SEVIS procedures while others are not. The on-line SEVIS
user manual sets forth the procedures that will facilitate the transfer
of an exchange participant to or from a non-SEVIS and SEVIS participating
sponsor. These procedures will become redundant on January 30, 2003.
Also discussed in the SEVIS user manual are the procedures for submitting
requests for an extension of program, change of category and reinstatement
to valid program status of exchange participants. Subpart D--Sanctions
The regulatory provisions of this Subpart remain unchanged.
Subpart E--Termination and Revocation of Programs
The regulatory provisions of this Subpart remain unchanged.
Subpart H--Fees
The regulatory provisions of this Subpart remain unchanged.
Subpart G--Summer Work/Travel
The regulatory provisions of this Subpart remain unchanged.
How Does SEVIS Affect the J-2?
SEVIS requires the issuance of a separate SEVIS Form
DS-2019 to the J-2 accompanying spouse and each dependent child, coming
with or following to join, an exchange visitor.
If sought, a request for employment authorization for the J-2 accompanying
spouse and dependent children must be submitted to and authorized by
the USCIS outside of SEVIS. USCIS has determined that monitoring of non-immigrants
being educated and trained in the United States is of vital importance
to the national security of the United States. Accordingly, any J-2
spouse or dependent child wishing to pursue full-time study in the United
States (other than avocational or recreational) is required to petition
the USCIS for a change of status to that of an F-1, J-1 or M-1 non-immigrant.
IV. Anticipated Improvements
The Department anticipates a series of future expansions
and improvements of the SEVIS enterprise architecture. These expansions
will focus on automating the existing Exchange Visitor Program processes,
including: collecting all data required by statute and regulations (e.g.,
the electronic reporting of academic training, student employment and
notification of visa issuance and port of entry, etc.); accepting electronic
signatures and documents in lieu of paper signatures and notarizations;
and accepting electronic fee transfers. As these capabilities become
available, the Department will revise the Exchange Visitor Program regulations
as appropriate.
In December 2002, SEVIS will enable sponsors to submit multiple SEVIS
Forms DS-2019 simultaneously through a batch-processing mode. The Department
anticipates that this will save a sponsor significant time by not having
to use the interactive mode to enter one record at a time and will allow
sponsors to update SEVIS directly from their own information systems.
Information on the batch processing mode is available at: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.ins.gov/graphics/services/tempbenefits/sevp.htm
.
In the longer term, the Department is working actively to convert the
Exchange Visitor Program from exchanges of paper to electronic submission
and review. As part of this conversion, the Department is reviewing
its entire business process to determine the most productive use of
SEVIS and other information technology, including opportunities to streamline
existing processes and improve collaboration. These changes may result
in future rulemakings.
V. Request for Comments
This rulemaking, while not changing the majority of the
Exchange Visitor Program regulations, will have a major effect on the
ways in which sponsors comply with these regulations. The Department
seeks comments on the new subpart F, its relationship to SEVIS, and
[[Page 76313]]
its relationship with the existing 22 CFR part 62.
Looking forward to the eventual acceptance of electronic documents in
SEVIS, the Department would like comments on the availability of required
documentation in electronic formats.
The Department would also like to solicit comments from the exchange
community and the general public on how the Department can streamline
and/or strengthen the Exchange Visitor Program and the sponsors' exchange
visitor programs. The Department particularly welcomes ideas on the
use of information technology to gain greater efficiencies. The most
useful comments will address the Department's obligations to the exchange
community and to Homeland Security, in the context of the program's
limited resources.
Implementation Schedule
All requirements set forth in subpart F are effective
on December 12, 2002.
Regulatory Analysis and Notices
Administrative Procedure Act
The Department is publishing this rule as an interim
final rule, with a 30-day provision for post-promulgation public comments,
based on the ``good cause'' exceptions set forth at 5 U.S.C. 553(b)(3)(B)
and 553(d)(3).
Good Cause Exception
This rule is effective on publication in the Federal
Register. The Department finds that good cause exists both for adopting
this rule without prior notice and comment period ordinarily required
by 5 U.S.C. 553, and for making this rule immediately effective, rather
than having it enter into force 30 days after publication. The USA Patriot
Act, Public Law 107-56, mandates that SEVIS be fully implemented and
expanded prior to January 1, 2003. Because of vital national security
concerns that underpin the USA Patriot Act, and the Border Security
Act, promulgation of this rule as a proposed rule would be contrary
to the public interest.
Regulatory Flexibility Act
The Department of State, in accordance with the Regulatory
Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and,
by approving it, certifies that this rule is not expected to have a
significant economic impact on a substantial number of small entities.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State,
local and tribal governments, in the aggregate, or by the private sector,
of $100 million in any year and it will not significantly or uniquely
affect small governments. Therefore, no actions were deemed necessary
under the provisions of the Unfunded Mandates Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of
1996
This rule is not a major rule as defined by section 804
of the Small Business Regulatory Enforcement Act of 1996. This rule
will not result in an annual effect on the economy of $100 million or
more; a major increase in costs or prices; or significant adverse effects
on competition, employment, investment, productivity, innovation, or
on the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.
Executive Order 12866
This regulation has been drafted and reviewed in accordance
with Executive Order 12866, Regulatory Planning and Review, Section
1(b), Principles of Regulation. The Department of State has determined
that this rule is a ``significant regulatory action'' under Executive
Order 12866, Section 3(f), Regulatory Planning and Review and, accordingly,
this rule has been reviewed by the Office of Management and Budget.
Executive Order 13132
This regulation will not have substantial direct effect
on the States, on the relationship between the national government and
the States, or on the distribution of power and responsibilities among
the various levels of government. Therefore, in accordance with section
6 of Executive Order 13132, it is determined that this rule does not
have sufficient federalism implications to require consultations or
warrant the preparation of a federalism summary impact statement.
Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.), an agency may not conduct or sponsor an information collection
if it does not display a currently approved OMB Control Number. Notwithstanding
other provisions of law, no person may be penalized for failing to comply
with an information collection that does not display a currently OMB
Control Number. Information collections include reporting requirements,
record keeping requirements, and any requirement that provides for the
disclosure of information to other persons or the public.
This rulemaking imposes new information collection requirements on exchange
visitor program sponsors. These include:
[sbull] Requirement for current sponsors to register for SEVIS using
the SEVIS Form DS-3036.
[sbull] Requirement for new applicants to use SEVIS to complete the
SEVIS Form DS-3036.
[sbull] Requirement for sponsors to complete the SEVIS DS-2019.
[sbull] Requirement for some existing written notification requirements
to be reported through SEVIS.
[sbull] Requirement for sponsors to gather and report exchange visitor
change of address information.
[sbull] Requirement for sponsors to report employment and training data
for students that is currently maintained as a record.
These information collections, and all information collections conducted
through SEVIS, have been approved under OMB Control Number 1115-0252,
expiration date: 12/31/2002. For additional information on these information
collections or copies of the USCIS request to OMB, contact Director, Regulations
and Forms Services Division, Immigration and Naturalization Service,
425 I Street, NW., Room 4034, Washington, DC 20536.
The Department has also identified information collection provisions
of 22 CFR part 62 that require OMB approval. These include all record
keeping and information collection requirements in part 62 related to
the selection, screening, orientation, placement or monitoring of exchange
participants or the administrative oversight of organizations facilitating
these activities. OMB has granted emergency approval to these requirements
under OMB Control Number 1405-0147, expiration date: 5/31/2003.
The Department is preparing to request a three-year approval for these
collections. As part of that process, the Department requests comments
on these information collections for 60 days. Comments are encouraged
and will be accepted until February 10, 2003. The Department requests
written comments and suggestions from the public and affected agencies
concerning this collection of information. Your comments are being solicited
to permit the agency to:
[sbull] Evaluate whether the proposed collection of information is necessary
for the proper performance of the functions of the agency, including
[[Page 76314]]
whether the information will have practical utility.
[sbull] Evaluate the accuracy of the agency's estimate
of the burden of the proposed collection, including the validity of
the methodology and assumptions used.
[sbull] Enhance the quality, utility, and clarity of the information
to be collected.
[sbull] Minimize the reporting burden on those who are to respond, including
through the use of automated collection techniques or other forms of
technology.
Copies of the Department request to OMB are available at: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://exchanges.state.gov/education/jexchanges.
The Department will, at its earliest opportunity, make also available
a more complete description of all of the information collections included
in this request, including a burden estimate for each. Public comments,
or requests for additional information, regarding the collection listed
in this notice should be directed to Stanley Colvin, Acting Director,
SA-44, 301 4th Street, SW., Room 734, U.S. Department of State, Washington,
DC 20547, who may be reached by fax on (202) 401-9809.
In addition, the following related information collections currently
approved under the following OMB Control Numbers:
Certificate of Eligibility for Exchange Visitor (J-1) Status (non- SEVIS
Form DS-2019) is approved under OMB Control Number 1405-0119, expiration
date: 2/28/2005. Exchange Visitor Program Application (non- SEVIS Form
DS-3036) and Update (non-SEVIS Form DS-3037) are approved under OMB
Control Number 1405-0120, expiration date: 9/30/2005.
List of Subjects in 22 CFR Part 62
Cultural Exchange Programs.
Accordingly, 22 CFR part 62 is amended as follows:
PART 62--EXCHANGE VISITOR PROGRAM
1. The authority citation for part 62 continues to read
as follows:
Authority: 8 U.S.C. 1101(a)(15)(J), 1182, 1184, 1258;
22 U.S.C. 1431-1442, 2451-2460; Foreign Affairs Reform and Restructuring
Act of 1998, Pub. L. 105-277, 112 Stat. 2681 et seq.; Reorganization
Plan No. 2 of 1977, 3 CFR, 1977 Comp. p. 200; E.O. 12048 of March 27,
1978; 3 CFR, 1978 Comp. p. 168.
2. A new Subpart F is added to read as follows:
Subpart F--Student and Exchange Visitor Information System (SEVIS)
Sec.
62.70 SEVIS reporting requirements.
62.71 Control and production of the electronic Form DS-2019.
62.72 Staffing and support services.
62.73 Academic training.
62.74 Student employment.
62.75 Extension of program participation.
62.76 Transfer procedures.
62.77 Reinstatement.
62.78 Termination.
62.79 Sanctions.
Subpart F--Student and Exchange Visitor Information System
(SEVIS)
Sec. 62.70 SEVIS reporting requirements. (
a) Enrollment and initial use of SEVIS. Sponsors shall
apply for enrollment in SEVIS no later than December 16, 2002. Upon
notification that they have been successfully enrolled in SEVIS, sponsors
shall:
(1) Create a SEVIS record for any program participant seeking visa issuance
or for whom an extension, transfer, change of category, or reinstatement
request is sought;
(2) Create a SEVIS record to replace a previously issued but lost or
stolen copy of a participant's Form IAP-66 or Form DS-2019;
(3) Create a SEVIS record if an amendment or change is made in the start
or end date of a program participant's program;
(4) Create a SEVIS record for a program participant's accompanying spouse
and all accompanying dependent children if a SEVIS record has been created
for the participant;
(5) Utilize SEVIS to up-date information on any participant, spouse,
or dependent child for whom a SEVIS record has been created; and
(6) No later than August 1, 2003, create a separate SEVIS record for
each participant, accompanying spouse and dependent child that will
continue to have Exchange Visitor Program participant status after August
1, 2003.
(b) Current U.S. address. Sponsors shall ensure that the actual and
current U.S. address of all sponsored participants is reported to SEVIS.
Sponsors shall update the actual and current U.S. address information
for participants within 21 days of being notified by a participant of
a change in his or her address. A sponsor's failure to update the actual
and current U.S. address information within 21 days of receipt may be
grounds for revocation of their Exchange Visitor Program status. Sponsors
shall report a U.S. mailing address, i.e., P.O. box address, in those
limited circumstances where mail cannot be delivered to the current
and actual U.S. address. If a U.S. mailing address is reported to SEVIS,
sponsors shall also maintain a record of the actual and current U.S.
address, e.g., dorm, building and room number, for that exchange visitor.
(c) Notification to program participants. Sponsors shall notify all
participants in their exchange visitor program and accompanying spouse
and dependent children that any change in the U.S. address must be reported
to the sponsor within 10 days of such change. Sponsors may direct the
participant to provide the notification of change in address in a format
acceptable to the sponsor.
(d) Validation of program participation. Sponsors shall within 30 calendar
days of a program participant's start date verify that the participant
has in fact begun their program participation. Sponsors shall update
the participant's SEVIS record and current U.S. address.
Sec. 62.71 Control and production of the electronic Form
DS-2019.
(a) SEVIS generated Forms DS-2019 shall only be completed,
printed and signed by a responsible officer and/or alternate responsible
officer(s) who are physically present in the United States or a U.S.
territory at the time of the Form's production.
(b) Responsible officers and alternate responsible officers shall secure
their SEVIS logon IDs and passwords at all times.
(1) At no time and under no circumstances are SEVIS logon IDs and passwords
to be shared with anyone, either on a transitory or permanent basis.
(2) Sponsors for whom the responsible officer or alternate responsible
officers have been found to have willfully or negligently violated the
requirements of this section will be subject to sanctions as set forth
in Sec. 62.50(a)(2).
Sec. 62.72 Staffing and support services.
(a) Sponsors shall appoint a responsible officer and
may appoint up to ten (10) alternate responsible officers to adequately
administer their exchange visitor program to fulfill the duties set
forth in Sec. 62.11.
(1) The Department may limit the number of alternate responsible officers
appointed by the sponsor at its discretion.
(2) The Department reserves the right to withdraw the appointment of
a responsible or alternate responsible officer at its discretion.
(b) [Reserved]
Sec. 62.73 Academic training.
(a) Students meeting the definition listed in Sec. 62.4(a)(1)(ii)
and (iii) may, if approved by the academic dean or
[[Page 76315]]
advisor and approved by the responsible officer or alternate
responsible officer, engage in academic training pursuant to Sec. 62.23(f).
(b) The responsible officer or alternate responsible shall update the
exchange visitor's SEVIS record to reflect the details of any academic
training pursuant to Sec. 62.23(f)(5)(i). An update of the SEVIS record
constitutes compliance with Sec. 62.23(f)(5)(ii).
Sec. 62.74 Student employment.
(a) Students meeting the definition listed in Sec. 62.4(a)(1)(ii)
and (iii) may engage in student employment pursuant to Sec. 62.23(g).
(b) The responsible officer or alternate responsible officer shall update
the exchange visitor's SEVIS record to reflect the details of such employment
pursuant to Sec. 62.23(g)(1). An update of the SEVIS record constitutes
compliance with Sec. 62.23(g)(2)(iv).
Sec. 62.75 Extension of program participation.
(a) A sponsor may extend an exchange visitor's participation
in the Exchange Visitor Program up to the limit of the permissible period
of participation authorized for the specified program category by entering
a new end program date and an optional comment--all other information
collected on a DS-2019 will be automatically completed by SEVIS.
(1) A sponsor extending the program of an exchange visitor
who is not currently listed in the SEVIS database is required to create
a record for the exchange participant (and the accompanying spouse and
any dependents as a ``continuing exchange visitor''. In creating the
exchange visitor's SEVIS record, the sponsor shall issue the exchange
visitor (and the accompanying spouse and any dependent children) a duly
executed Form DS-2019 reflecting such extension.
(2) When creating a SEVIS record for a ``continuing exchange visitor,''
the initial program start date and Form number taken from the non-SEVIS
Form IAP-66 or DS-2019 issued to begin new program must be entered in
the exchange visitor's SEVIS record.
(b) A responsible officer or alternate responsible officer seeking an
extension of program status on behalf of an exchange visitor in excess
of the duration of program participation authorized for the specific
category shall:
(1) Submit an electronic request to the Department through the real-time
interactive mode in SEVIS.
(2) Create a record for the exchange participant (and the accompanying
spouse and any dependent children) as a ``continuing exchange visitor''
listing the initial program start date and Form number taken from the
non-SEVIS Form IAP-66 or DS-2019 issued to begin new program.
(3) Submit written supporting documentation and the required non- reimbursable
fee to the Department within 30 calendar days of the SEVIS submission
date.
Sec. 62.76 Transfer procedures.
(a) Program sponsors may, pursuant to the provisions
set forth in Sec. 62.42, permit an exchange visitor to transfer from
one designated program to another designated program. Transfers will
not extend the maximum duration of participation for the category in
which the exchange visitor is currently participating.
(b) Current sponsor and transfer sponsor shall communicate appropriately
to ensure an uninterrupted transfer, continuous status of the exchange
visitor and proper change of address reporting and shall utilize the
provisions of this section to effect such transfer.
(1) SEVIS-to-SEVIS transfer. When both the transfer and current sponsors
are enrolled in SEVIS, a transfer is enacted as follows:
(i) The nonimmigrant shall notify the current sponsor of the intention
to transfer.
(ii) Upon verification of the current status and eligibility to transfer
by the transfer sponsor, the current sponsor shall update the exchange
visitor's record by processing a ``transfer out'' in SEVIS. The current
sponsor must enter the name and program number of the transfer sponsor
and the effective date of transfer. The ``transfer out'' process gives
the transfer sponsor access to the SEVIS record of the exchange visitor
(and accompanying spouse and any dependent children).
(iii) The transfer sponsor shall initiate a ``transfer in,'' issue a
Form DS-2019 for the exchange visitor (an accompanying spouse and any
dependent children), and advise the exchange visitor of the effective
date of transfer.
(iv) The exchange visitor shall report to the transfer sponsor in a
manner and at a time specified by the transfer sponsor, and shall provide
updated U.S. address information.
(v) The transfer sponsor shall validate the exchange visitor's participation
in its program within 30 calendar days of the effective date of transfer
and update the exchange visitor's current U.S. address.
(2) Non-SEVIS to SEVIS transfer: When the transfer sponsor is enrolled
in SEVIS but the current sponsor is not, the transfer is enacted as
follows:
(i) The nonimmigrant shall notify the current sponsor of the intention
to transfer.
(ii) Upon verification of current status and eligibility to transfer,
the transfer sponsor shall create a Form DS-2019 to enact a transfer
and will send the Form to the current sponsor to acquire the written
release of the exchange visitor by obtaining a signature in Section
8.
(iii) Upon receipt of the Form DS-2019 with signature, the transfer
sponsor shall record the effective date of transfer; the date, name
and title of person who signed the release; the name and program number
of the current sponsor. The transfer sponsor shall print a Form DS-2019
for the exchange visitor, and advise the exchange visitor of the effective
date of transfer.
(iv) The exchange visitor shall report to the transfer sponsor in a
manner and at a time specified by the transfer sponsor and shall provide
updated U.S. address information.
(v) The transfer sponsor shall validate the exchange visitor's participation
in its program within 30 calendar days of the effective date of transfer
and update the exchange visitor's current U.S. address. (3) SEVIS to
Non-SEVIS transfer. When the transfer sponsor is not enrolled in SEVIS
and the current sponsor is a SEVIS-enrolled sponsor, a transfer is enacted
as follows:
(i) The exchange visitor shall notify the current sponsor of the intention
to transfer.
(ii) Upon verification of current status and eligibility to transfer,
the transfer sponsor shall create a non-SEVIS Form DS-2019 and submit
it to the transfer sponsor for the release of the exchange visitor by
acquiring a signature in Section 8 of the Form.
(iii) The transfer is required to update the exchange visitor's SEVIS
record by recording the effective date of transfer; name and program
number of the transfer sponsor; and, name of the responsible officer/alternate
responsible officer of the transfer (non-SEVIS) sponsor requesting the
transfer as noted on the four-color, four-page paper Form DS-2019.
(4) The transfer sponsor will provide the exchange visitor with the
pink copy of the Form DS-2019 and submit the yellow copy of the form
to the Department.
Sec. 62.77 Reinstatement.
(a) Reinstatements will continue to be handled in accordance
with the
[[Page 76316]]
procedures established in Sec. 62.45. A SEVIS reinstatement
is processed as follows:
(1) The responsible officer must submit an electronic request for reinstatement
to the Department through SEVIS.
(2) The responsible officer must print a copy of the reinstatement request
(draft copy of the Form DS-2019) from the SEVIS system.
(3) The responsible officer must submit the official request along with
the required supporting documentation justifying the reinstatement and
the required, non-reimbursable fee (refer to Sec. 62.90-Fee) to the
Department within 30 calendar days of the SEVIS submission date.
(4) The Department will review the request. If approved, the Department
will enter the approval in SEVIS, thereby opening the file so that the
responsible officer may print a Form DS-2019. How is the sponsor going
to know they received an answer to their request? The Department's approval
is required before a Form DS-2019 can be printed. What happens if the
request is denied?
(b) An exchange visitor (and the accompanying spouse and any dependent
children) who failed to submit a change of current U.S. address as required
under Sec. 62.63 is in violation of the Exchange Visitor Program regulations
and is not eligible for reinstatement. The Department will deny any
such application for reinstatement.
(c) An exchange visitor (and accompanying spouse and any dependent children)
who is ineligible for reinstatement or whose request for reinstatement
has been denied is no longer an Exchange Visitor Program participant.
He or she cannot remain in the United States unless another lawful immigration
status is obtained.
Sec. 62.78 Termination.
An exchange visitor who willfully or negligently fails
to comply with the requirements established in Public Law 104-208, as
amended, shall be terminated from the Exchange Visitor Program by the
sponsor.
Sec. 62.79 Sanctions.
(a) The Department of State shall impose sanctions against a sponsor
that has:
(1) Willfully or negligently failed to comply with the reporting requirements
established in Public Law 104-208, as amended; or,
(2) Produced SEVIS Forms DS-2019 outside the United States or a United
States territory; or,
(3) Whose authorized representatives fail to secure their SEVIS logon
ID and password.
(b) [Reserved]
Dated: December 6, 2002.
Patricia S. Harrison, Assistant Secretary, Bureau of Educational and
Cultural Affairs, Department of State.
[FR Doc. 02-31367 Filed 12-11-02; 8:45 am]
BILLING CODE 4710-05-P
