[Federal Register Volume 64, Number 156 (Friday, August 13, 1999)]
[Rules and Regulations]
[Pages 44123-44128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20783]
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UNITED STATES INFORMATION AGENCY
22 CFR Part 514
Reinstatement of Exchange Visitors Who Fail To Maintain Valid
Program Status
AGENCY: United States Information Agency.
ACTION: Interim Final Rule with request for comments.
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SUMMARY: This is an Interim Final Rule with request for comments being
made by the United States Information Agency (hereinafter ``the
Agency''). The rule will amend the Agency's Exchange Visitor Program
regulations regarding reinstatement of J-1 exchange visitors to valid
program status. This Interim Final Rule supersedes the Agency's
Statement of Policy which was published in the Federal Register on
April 24, 1997.
EFFECTIVE DATE: This Interim Final Rule is effective on August 13,
1999. Comments regarding this rulemaking will be accepted until
September 13, 1999.
ADDRESSES: United States Information Agency, Office of the General
Counsel, 301 Fourth Street, SW, Room 700, Washington, DC 20547-0001.
FOR FURTHER INFORMATION CONTACT: Lorie J. Nierenberg, Office of the
General Counsel, United States Informaiton Agency, 301 Fourth Street,
SW, Washington, DC 20547; telephone (202) 619-6084.
[[Page 44124]]
SUPPLEMENTARY INFORMATION: While it is not the responsibility of the
sponor to ensure that the exchange visitor timely departs the U.S., the
Exchange Visitor Program regulations do require that a sponsor monitor
its participating exchange visitors [22 CFR 514.10(e)]. Among other
things, the sponsor must ensure that the activity in which the exchange
visitor is engaged is consistent with the category and activity listed
on the exchange visitor's Form IAP-66 [22 CFR 514.10(e)(1)]. The
sponsor must also monitor the progress and welfare of the exchange
visitor to the extent appropriate for the category [22 CFR
514.10(e)(2)]. Finally, the sponsor must require the exchange visitor
to keep the sponsor apprised of his or her address and telephone
number, and maintain such information [22 CFR 514.10(e)(3)].
The Agency believes that the monitoring requirements set forth in
the existing Exchange Visitor Program regulations illuminate the
sponsor's general obligation to monitor the exchange visitor's Form
IAP-66 to ensure that such form accurately reflects the activities and
the program dates of the exchange visitor and that the exchange visitor
is advised of the limitations on his or her activities and authorized
stay in the United States (Existing regulations also explicitly require
the sponsor to notify the Agency in writing when the exchange visitor
has withdrawn from or completed a program thirty or more days prior to
the ending date on his or her Form IAP-66 or when the exchange visitor
has been terminated from his or her program [22 CFR 514.13(c)].)
One of the purposes of the Fulbright-Hays Act is to increase mutual
understanding between the people of the United States and the people of
other countries by means of educational and cultural exchanges. When
Congress enacted that Act, it amended the Immigration and Nationality
Act by adding a new nonimmigrant visa category--the J visa--to be used
solely for educational and cultural exchanges. Exchange visitors who
come to the United States on the J visa come here as participants in
exchange programs designated by the Director of the Agency. While the
Agency has a programmatic role with respect to designating and
monitoring programs in which exchange visitors will participate while
in the United States on the J visa, it does not administer or enforce
the provisions of the Immigration and Nationality Act, as amended.
Administration and enforcement of that Act is solely under the
jurisdiction of the Immigration and Naturalization Service (``the
Service''). Oversight of the exchange visitor's program status is
administered by the Agency, but the terms and conditions of the
exchange visitor's nonimmigrant status are administered by the Service.
Thus, responsible officers and exchange visitors must be aware that
failure to maintain valid J-1 program status may at the same time be a
failure to maintain valid immigration status, which may result in
serious adverse consequences for an exchange visitor by operation of
immigration law. Where there has been a failure to maintain valid
immigration status, the Agency's reinstatement to valid program status
does not serve as a reinstatement to valid immigration status.
Similarly, there may be instances where an exchange visitor may
fail to maintain both valid nonimmigrant status and valid program
status. For example, the Agency has been advised that a soon to be
promulgated Service regulation will establish that a J-1 exchange
visitor will be deemed to have failed to maintain valid nonimmigrant
status and valid J-1 program status if the exchange visitor fails to
pay the fee mandated by Public Law 104-208 (the ``CIPRIS'' fee). At the
same time, failure to pay the fee would preclude reinstatement to valid
J-1 program status under this interim final rule; i.e., reinstatement
to valid program status could not be made until the fee is paid.
The Agency acknowledges that most program participants do not
knowingly or wilfully engage in practices that would jeopardize their
status in the United States. However, the Agency is aware that on
occasion, whether through circumstances beyond the control of the
exchange visitor or through administrative oversight, inadvertence, or
neglect on the part of a Responsible Officer or an exchange visitor, or
both, the exchange visitor may fail to maintain valid program status.
The Agency believes that the above principles apply to the subject
of this rulemaking: Reinstatement to valid program status. Valid
program status, in turn, relates directly to the concept of ``duration
of participation in an exchange visitor program.'' With one exception,
the Exchange Visitor Program regulations establish a duration of
participation for each specific program category. [Exchange visitors in
the ``college and university student'' category have no fixed duration
of participation as long as they meet certain requirements. See 22 CFR
514.23(h)]. Those limits to duration of participation were not set
forth in the Mutual Educational and Cultural Exchange Act of 1961 (the
Fulbright-Hays Act) that established the Exchange Visitor Program and
created the J visa as part of the Immigration and Naturalization Act.
Nevertheless, the vision of the authors of that legislation was that
scholars, professors, trainees, and the other caregories of exchange
visitors mentioned in the Act would come to the United States,
accomplish the objective for which they came, and then return to their
home country to share their new knowledge and skills with their
countrymen. That vision would be frustrated and undermined if there
were no finite limit on the period of time in which exchange visitors
could remain in the United States. Moreover, the Agency believes that
greatly extended periods of stay here tend to cause a closer
identification with the United States and tend to work against the
exchange visitor's eventual return home and completion of the desired
``exchange.''
Thus, the Exchange Visitor Program regulations impose limits on the
duration of participation that vary from category to category in
recognition of the fact that some categories require longer stays than
others. (In some cases, the language in the sponsor's designation
letter provides for less than the maximum duration of stay for program
participation for that particular category.) When the Agency fails to
require strict adherence to the established durations of participation,
for example, by tolerating or enabling the exchange visitor to fail to
maintain valid program status or otherwise remain in the United States
beyond the expiration of thirty days after the end date of the exchange
visitor's Form IAP-66, the Agency believes that it is departing from
the intent of the Fulbright-Hays Act and the immigration laws of the
United States. Moreover, remaining in the United States more than
thirty days beyond the end date on the exchange visitor's Form IAP-66
will pace the exchange visitor in jeopardy of violating laws and
regulations enforced by the Service.
The Agency recognizes that some exchange visitors commit minor or
technical infractions of the Exchange Visitor Program regulations
through sheer inadvertence or excusable neglect. The Agency is of the
view that these minor or technical regulations do not constitute a
failure to maintain valid J-1 program status. Under this Interim Final
Rule, such minor or technical infractions may be corrected by the
responsible Officer and an application for reinstatement need not be
submitted to the Agency. The Responsible Officer's correction of a
minor or technical infraction returns the exchange visitor
[[Page 44125]]
to the status quo ante, i.e., it is as if the minor or technical
infraction never occurred.
The Interim Final Rule provides examples of minor or technical
infractions. Nevertheless, it is impossible to foresee and list all
possible such infractions. Thus, the Interim Final Rule establishes
several criteria to guide the Responsible Officer in determining
whether the infraction is a minor or technical one. If there is any
question in the mind of the Responsible Officer as to whether the
infraction is a minor or a substantive one, the Interim Final Rule
requires that the Responsible Officer apply to the Agency for
reinstatement on behalf of the exchange visitor.
The Exchange Visitor Program regulations, which appear at 22 CFR
Part 514, do not include a regulation or reinstatement to valid program
status. On April 24, 1997, the Agency published a Statement of Policy
on reinstatement which was to be followed until a formal rulemaking was
promulgated. 62 FR 19925. The Interim Rule supersedes and replaces the
April 24, 1997 Statement of Policy. The Interim Rule establishes two
categories with respect to reinstatement for failure to maintain valid
program status: (1) those cases wherein a substantive violation of the
regulations has occurred and which require application to the Agency
for reinstatement; and, (2) those cases in which reinstatement will not
be granted under any circumstances. For those cases identified in item
1 above, exchange visitors must provide evidence that they have at all
times continued, or maintained an intent to continue, their program
objective.
(1) Substantive violations or infractions of the regulations. The
Interim Final Rule lists two violations which the Agency considers to
be substantive violations or infractions of the regulations. If the
Responsible Officer determines that the violation does not fit within
one of the two listed violations, then the violation is either a
technical violation which can be addressed by the Responsible Officer
on his or her own initiative, or it is one of the violations for which
reinstatement cannot be obtained.
While this Interim Rule on reinstatement for substantive violations
fairly tracks the April 24, 1997 Statement of Policy, two additional
exceptions follow. The Interim Final Rule requires the Responsible
Officer, on behalf of the exchange visitor, to carry the burden of
persuasion by demonstrating that the exchange visitor failed to
maintain valid program status for less than 120 calendar days beyond
the end date on the Form IAP-66, was pursuing or maintained an intent
to pursue his or her original program objective, and (1) that the
violation of status resulted from circumstances beyond the control of
the exchange visitor or from administrative oversight, inadvertence, or
neglect on the part of the Responsible Officer or the exchange visitor
or (2) that the failure to receive reinstatement to valid program
status would result in an unusual hardship to the exchange visitor. The
Agency considers an unusual hardship to be a hardship that would not
normally be expected to result from a failure to obtain reinstatement.
For example, if an exchange visitor fails to maintain valid program
status and, if denied reinstatement, must pay for a return airline
ticket to his or her home country, the level of hardship would not be
considered unusual. By contrast, if an exchange visitor doctoral
candidate is in the final semester of a seven-year degree program and
fails to maintain valid program status, the Agency would consider it an
unusual hardship to be denied the opportunity to complete the final
semester and obtain the doctoral degree. (This rulemaking changes the
April 25, 1997 Statement of Policy. The latter required that in all
cases both tests be met and, in addition, required a showing of
unwarranted hardship, as opposed to unusual hardship.)
In addition, if the failure to maintain valid program status was
equal to or more than 120 calendar days duration, then the Responsible
Officer, on behalf of the exchange visitor, must demonstrate to the
Agency that both tests are met, i.e., (1) that the violation of status
resulted from circumstances beyond the control of the exchange visitor
or from administrative delay or oversight, inadvertence, or neglect on
the part of the Responsible Officer or the exchange visitor, and (2)
that the failure to receive reinstatement to program status would
result in unusual hardship to the exchange visitor.
Pursuant to this Interim Final Rule, where there has been a
substantive violation or infraction of the regulations, the agency will
consider reinstating to valid program status a J-1 exchange visitor who
makes a request for reinstatement through his or her Responsible
Officer. In such cases, the Responsible Officer is to direct a letter
to the Exchange Visitor Program Services office containing a
declaration from the Responsible Officer together with information
demonstrating that the exchange visitor is pursuing or has at all time
maintained an intent to pursue the original exchange program activity
for which the exchange visitor was admitted to the United States, along
with documentary evidence supporting the declaration. The declaration
should also explain (1) why and how the violation of program status
resulted from circumstances beyond the control of the Responsible
Officer or the exchange visitor or from administrative delay or
oversight inadvertence, or neglect on the part of the Responsible
Office or the exchange visitor, or (2) why and how failure to receive
reinstatement to valid program status would result in unusual hardship
to the exchange visitor. (As stated above, both test must be met if the
exchange visitor failed to maintain valid program status for 120 or
more calendar days.) The Agency expects the Responsible Officer to make
reasonable inquiries to verify that the information supporting the
application for reinstatement is true, particularly with respect to the
declaration that the exchange visitor is pursuing or was at all times
intending to pursue the original exchange program activity for which
the exchange visitor was admitted to the United States.
The request for reinstatement also is to include copies of all of
the exchange visitor's Forms IAP-66 issued to date and a new completed
Form IAP-66, indicating in Block 3 the date for which reinstatement is
sought (namely, the new program end date). The new Form IAP-66
submitted to the Agency is to include all copies, including the green
copy for the exchange visitor. The Form IAP-66 is to be prepared in the
same manner as is done for an Extension of Program (Sec. 514.43),
Transfer of Program (Sec. 514.42), or Change of Category (Sec. 514.41).
In addition to marking ``Extend an ongoing program,'' ``Transfer to a
different program,'' or ``Begin a new program'' in the ``Purpose'' box
located in the Form's upper right hand corner, also mark
``Reinstatement Request'' in the ``Purpose'' box. If the older ``E''
series Form IAP-66 is still being used, type in the words
``Reinstatement Request'' in the ``Purpose'' box.
If the Agency determines that reinstatement is warranted, Box 6 on
the new Form IAP-66 will be stamped, dated, and signed by the Agency to
indicate that reinstatement has been granted. The effective date of the
reinstatement will be the date on which the application for
reinstatement was received by the Agency.
The Agency has consulted with the Service with respect to the date
on which reinstatements are to be made effective. The Agency had
considered making the reinstatement effective nunc pro tunc, i.e.,
effective on the date on which the exchange visitor first failed to
[[Page 44126]]
maintain valid program status. However, the Service has raised concerns
that the agency's nunc pro tunc reinstatement provisions may be
inconsistent with the Service's forthcoming F-1 (Student) regulations.
In order to ensure regulatory consistency, the Agency has decided to
make its reinstatement regulation mirror the Service's with respect to
the date on which reinstatement is effective. The exchange community
has voiced concern that the Agency's failure to make reinstatement
effective nunc pro tunc will create a time gap wherein the exchange
visitor might be deemed to have failed to maintain valid nonimmigrant
status for a period of time, thus triggering the ``unlawful presence''
sanctions provided in the Illegal Immigration Reform And Immigrant
Responsibility Act of 1996 (IIRAIRA). However, based on the Service's
current interpretation of ``unlawful presence'' of nonimmigrants
admitted for ``duration of status'' (D/S), the Agency remains convinced
that the ``gap'' will not result in any prejudice to the exchange
visitor. Should the Service alter its interpretation of ``unlawful
presence,'' the Agency will revisit this issue.
The new Form IAP-66 (minus the yellow copy) will be returned to the
Responsible Officer. An Agency decision denying reinstatement is not
appealable.
2. Non-reinstatable violations. The Interim Final Rule list six
violations or other conditions which preclude reinstatement. These
include instances: (1) when the exchange visitor willfully fails to
maintain the health and accident insurance required under 22 CFR
514.14; (2) when the exchange visitor has engaged in employment not
authorized by the Exchange Visitor Program's or the Service's
regulations; (3) when the exchange visitor has been suspended or
terminated from the most recent exchange visitor program; (4) when the
exchange visitor has failed to maintain valid program status for more
than 270 days; (5) when the exchange visitor has received a favorable
recommendation from the Agency on an application of waiver of section
212(e) of the Immigration and Nationality Act (the two-year home
residency requirement;) or, (6) when the exchange visitor has failed to
pay the fee mandated by Public Law 104-208 (the ``CIPRIS'' fee). Note:
The overwhelming majority of exchange visitors fall in the ``college
and university student'' category. The Agency has decided on the 270-
day outer limit, not because that number has any relevance to time
periods set forth in the immigration laws. Rather, 270 days is the
average length of an academic year, and it is the Agency's view that
the failure to maintain valid program status for the equivalent of one
academic year cannot arguably be considered to have been caused by
circumstances beyond the control of the exchange visitor or by
administrative delay or oversight, inadvertence or neglect. Moreover,
the failure to maintain valid program status for more than 270 days
presumptively demonstrates a failure to maintain an interest in
continuing the exchange visitor's original program objective.
Comments
The Agency invites comments on this Interim Final Rule from all
interested parties, notwithstanding the fact that it is under no legal
obligation to do so. The oversight and administration of the Exchange
Visitor Program are deemed to be foreign affairs functions of the
United States Government. The Administrative Procedure Act, 5 U.S.C.
553(a)(1) (1989) specifically exempts foreign affairs functions from
the rulemaking requirements of the Act.
The Agency will accept comments for 30 days following publication
of this Interim Final Rule in the Federal Register. A final rule will
be adopted upon Agency review of all comments received. Comments should
be mailed to the address listed above.
In accordance with 5 U.S.C. 605(b), the Agency certifies that this
rule does not have a significant adverse economic impact on a
substantial number of small entities. This rule is not considered to be
a significant regulatory action within the meaning of section 3(f) of
Executive Order 12866, nor does this rule have Federalism implications
warranting the preparation of a Federalism Assessment in accordance
with Executive Order 12612.
List of Subjects in 22 CFR Part 514
Cultural exchange programs.
Dated: August 6, 1999.
Les Jin,
General Counsel.
Accordingly, 22 CFR part 514 is amended as follows:
PART 514--EXCHANGE
1. The authority citation for part 514 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; Reorganization Plan No. 2 of 1977, 3 CFR Comp.
P. 200; E.O. 12048 of March 27, 1978, 3 CFR, 1978 Comp. P. 168.
2. Section 514.45 is added to read as follows:
Sec. 514.45 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
Director of the United States Information Agency.
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 United States Information Agency.
(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
[[Page 44127]]
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 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 Agency 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 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 Agency 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
[[Page 44128]]
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 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 Agency 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 Agency under existing
notification procedures.
[FR Doc. 99-20783 Filed 8-12-99; 8:45 am]
BILLING CODE 8230-01-M
