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Visitor Program > Participation
Adjustments to the J-1 Status
Program Extension
The responsible officer has the discretion to extend a participant's program
to its maximum regulatory duration, that is, to the limit imposed by the
regulations specific to a program category or to a program sponsor's designation.
A new Form DS-2019 reflecting the extension is issued to the participant.
Extensions beyond the maximum program duration are allowed in some program
categories for exceptional or unusual circumstances, with approval from
the Department of State. To obtain approval for such extensions, the responsible
officer must submit a written request that justifies the petition and
provides supporting documentation to the Department of State on behalf
of the participant. A nonrefundable fee of $246 is payable to the U.S.
Department of State. Participants are referred to their responsible
officers for additional information. [22 CFR 62.43]
Change of Category
Any change of category must be clearly consistent with and closely related
to the participant's original exchange objective, and necessary due to
unusual or exceptional circumstances. Participants should address all
inquiries regarding change of category to the responsible officer of their
programs. The responsible officer submits a written request with supporting
justification for the change to the Department of State on behalf of the
participant. A nonrefundable fee of $246 is payable to the U.S. Department
of State.
If the Department grants the request, the responsible officer issues
a new Form DS-2019 that reflects the change. If the request is denied,
the participant is expected to return home no later than 30 days from
the date of the Department's notice or the program's end date indicated
on the Form DS-2019, whichever is later. [22
CFR 62.41]
Transfer
The transfer of a participant from one program (sponsor) to another may
be allowed at the discretion of the responsible officers and must be within
the same category. The responsible officer of the program to which the
participant seeks to transfer is required to verify the participant's
visa status and eligibility, to issue a new Form DS-2019 reflecting the
transfer, and to obtain the release of the participant from the current
responsible officer, who indicates approval of the transfer by completing
and signing block 8 of the new Form DS-2019. Transfers are not permitted
in all categories, and a transfer does not extend the maximum duration
of the program. Participants should address all inquiries regarding change
of category to the responsible officer of their programs. [22
CFR 62.42]
Termination
Participants are subject to the Department of State's Exchange Visitor
Program regulations, and to the rules specified by their sponsors. Participants
found to be in violation of program regulations and/or sponsors' rules
may be terminated from the program.
Other grounds for termination include, but are not limited to 1) failure
to pursue the exchange activities for which the participant was admitted
to the United States; 2) inability to continue the program; 3) willful
failure to maintain insurance coverage as required under 22 CFR 62.14;
and 4) unauthorized employment. [22 CFR 62.40]
Participants who withdraw or are terminated from their exchange programs
are expected to leave the United States immediately,.
Reinstatement
Reinstatement to valid program status becomes necessary when 1) an exchange
visitor's participation in his or her program has somehow interrupted
or ended; or 2) the participant remains in the United States beyond the
program end date indicated on the current Form DS-2019. Regulatory violations
requiring reinstatement of the visitor's status are classified as: minor
or technical infractions, which are considered to be a "correction
of the record," and which the responsible officer may adjust without
prior authorization of the Department of State; substantive, which
require the authorization of the Department of State prior to adjustment;
and non-reinstatable.
Minor Or Technical Infractions
These include, but are not limited to: failure to 1) extend a participant's
program before the end date on the Form DS-2019; 2) process a program
transfer prior to the end date on the Form DS-2019; or 3) receive approval
and an amended Form DS-2019 prior to accepting an honorarium or other
type of payment for an allowable activity.
The responsible officer may correct the participant's record within 120
days of the stated end date of the participant's program by issuing a
new Form DS-2019 that 1) shows continued authorized stay without interruption;
2) indicates the appropriate purpose code and the additional notation
"correct the record"; and 3) is dated as of the date the adjusted
Form DS-2019 is executed.
Substantive Infractions
These are: 1) failure to maintain valid program status for more than 120
calendar days after the program end date indicated on the Form DS-2019;
and, if the participant is a student, 2) failure to maintain a full course
of study without prior consultation with (and approval of) the responsible
officer or the alternate responsible officer of the sponsor and with the
student's academic advisor.
The responsible officer must apply to the Department of State for reinstatement
on behalf of the participant. The petition should include: 1) all copies
of the participant's Forms DS-2019 issued to date; 2) a new, completed
Form DS-2019, showing in Block 3 the new program end date; a copy of the
receipt showing that the Public Law 104-208 fee has been paid; a written
statement with supporting documentation justifying the request. The statement
should 1) declare that the exchange visitor is pursuing at all times the
activity for which he or she entered the United States; and show that
2) the participant's failure to maintain valid program status was due
to circumstances beyond his or her control or to administrative delay
or oversight; and 3) it would be an unusual hardship to the participant
if the Department of State does not grant the reinstatement to valid program
status.
A nonrefundable fee of $246 is payable to the US Department of State.
Program regulations provide additional information on the application
process for reinstatement petitions due to substantive infractions.
Non-Reinstatable Infractions
The following infractions preclude reinstatement. Applications for reinstatement
submitted to the Department of State showing any of these infractions
will be denied: 1) willful and knowing failure to comply with program
insurance requirements; 2) unauthorized employment; 3) involuntary suspension
or termination from the most recent exchange visitor program; 4) failure
to maintain valid program status for more than 270 calendar days; 5) receipt
of a favorable recommendation from the Department of State on an application
for waiver of section 212(e) of the Immigration and Nationality Act [8
USC 1182(e); and 6) failure to pay the Public Law 104-208 fee.
The information provided here summarizes the reinstatement regulations.
Refer to the regulations for additional details and application procedure.
[22 CFR 62.45]
Permission to Issue
The responsible officer has the discretion to request permission to issue a Form DS-2019 on behalf of an institution without an Exchange Visitor Program. The responsible officer submits a written request with supporting justification for the permission to issue to the Department of State on behalf of the institution. A nonrefundable fee of $246 is payable to the U.S. Department of State.
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