[Federal Register: April 7, 2006 (Volume 71, Number 67)]
[Proposed Rules]
[Page 17768-17774]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ap06-18]
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DEPARTMENT OF STATE
22 CFR Part 62
RIN: 1400-AC15
[Public Notice 5356]
Rule Title: Exchange Visitor Program--Training and Internship
Programs
AGENCY: Department of State.
ACTION: Proposed rule.
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SUMMARY: The Department is proposing to revise its training program
regulations. These revisions will, among other things, eliminate the
distinction between ``non-specialty occupations'' and ``specialty
occupations''. Also, a new 12-month ``intern'' program is proposed to
permit recent foreign graduates of degree-granting post-secondary
accredited educational institutions to come to the United States to
pursue work-based learning experiences in the fields in which they
received their degrees.
A requirement that sponsors complete an individualized Form DS-7002
Training/Internship Placement Plan for each trainee and intern prior to
issuing a Form DS-2019 to the trainee or intern is also proposed. The
Department will publish a Notice regarding the design of the proposed
Form DS-7002, soliciting public comment regarding all recordkeeping,
reporting, and data collection units. Sponsors should note that Forms
DS-7002 contain a provision prohibiting the making of materially false,
fictitious, or fraudulent statements or misrepresentations in
connection
[[Page 17769]]
with Training/Internship Placement Plans (18 U.S.C. 1001).
DATES: The Department will accept comments on the proposed regulation
from the public up to June 6, 2006.
ADDRESSES: You may submit comments identified by any of the following
methods:
E-mail: jexchanges@state.gov. You must include the RIN
(1400-AC15) in the subject line of your message.
Mail (paper, disk, or CD-ROM submissions): U.S. Department
of State, Office of Exchange Coordination and Designation, SA-44, 301
4th Street, SW., Room 734, Washington, DC 20547.
Fax: 202-203-5087.
Persons with access to the Internet may also view this notice and
provide comments by going to the regulations.gov Web site at: http://www.regulations.gov/index.cfm
.
FOR FURTHER INFORMATION CONTACT: Stanley S. Colvin, Director, Office of
Exchange Coordination and Designation, U.S. Department of State, SA-44,
301 4th Street, SW., Room 734, Washington, DC 20547; or e-mail at
jexchanges@state.gov.
SUPPLEMENTARY INFORMATION: The Department of State (Department)
designates U.S. government, academic and private sector entities to
conduct educational and cultural exchange programs pursuant to a broad
grant of authority provided by the Mutual Educational and Cultural
Exchange Act of 1961, as amended (``Fulbright-Hays Act''). Under this
authority, designated program sponsors facilitate the entry into the
United States of more than 275,000 exchange participants each year.
The former United States Information Agency (USIA) and, as of
October 1, 1999, its successor, the Department, have promulgated
regulations governing the Exchange Visitor Program that are set forth
at 22 CFR part 62. Regulations specifically governing designated
training programs appear at 22 CFR 62.22. These regulations largely
have remained unchanged since 1993, when the USIA undertook a major
regulatory reform of the Exchange Visitor Program. Approximately 27,000
trainees enter the United States annually as participants in designated
training programs. Although the regulations have not been altered in
any major way since 1993, the Department's Office of Exchange
Coordination and Designation (the Office) and the Government
Accountability Office (GAO) have reviewed their implementation. While
training programs overall have been highly successful in meeting the
goals of the Fulbright-Hays Act, both the Office and the GAO found that
there have been occasions where some sponsors were misusing training
programs (i.e., trainees were not receiving any training and were
actually being used as ``employees,'' and visitors were using J visas
in lieu of H visas or as stepping stones for other longer-term non-
immigrant or immigrant classifications that may have been unavailable
at the time of application). The proposed regulations will permit the
Office to monitor more closely training and internship programs and
ensure that they are not subject to abuses similar to those the GAO and
the Office found with respect to certain training programs. (``Stronger
Action Needed to Improve Oversight and Assess Risks of the Summer Work
Travel and Trainee Categories of the Exchange Visitor Program,'' Report
GAO-06-106, October 2005.)
The 1993 regulatory overhaul of the Exchange Visitor Program
regulations included a provision in the regulations governing training
programs that distinguished among training in ``specialized,'' ``non-
specialized,'' and ``unskilled'' occupations. Experience has shown that
the distinctions between and among these occupational categories are
conceptually artificial and do not adequately describe the types of
training that the Department desires to promote in the national
interest. In that regard, the Department has concluded that it is more
the amount of prior experience that trainees acquire, rather than some
artificial categorization of the type of training, that should
determine whether trainees should be permitted to enter the United
States for further training. Accordingly, these proposed regulations
will require that trainees have a minimum of three years of prior
related work experience in their occupational fields before being
eligible to participate in the Exchange Visitor Program. Further, in
order that trainees be sufficiently fluent in English to comprehend
fully the training they undertake, the regulations will require that
trainees have a minimum TOEFL[supreg] (Test of English as a Foreign
Language) score of 550, or its equivalent.
The Department will continue to designate training programs in the
following occupational categories: Arts and culture; information media
and communications; education, social sciences, and library science;
management, business, commerce, and finance; health related
occupations; aviation; the sciences, engineering, architecture,
mathematics, and industrial occupations; construction and building
trades; agriculture, forestry, and fishing; public administration and
law; hospitality and tourism; and such other occupational categories
that the Department may from time to time include in the program. The
Department directs the attention of sponsors to two Statements of
Policy that it has recently promulgated and which will have an impact
on certain training programs. The first Statement of Policy notified
the public that the Department will not designate any new flight
training programs; nor will it permit currently-designated flight
training programs to expand, pending a determination as to which
Federal agency ultimately will be tasked with administering and
monitoring flight training programs. (See 71 FR 3913, January 24,
2006.) The Department also recently issued a Statement of Policy
notifying the public that it will not designate any new J visa
agricultural training programs; nor will it permit currently-designated
programs offering agricultural training to expand the agricultural
training component of their programs, pending the Department's
determination whether such programs are subject to, and if so, whether
they are in compliance with, certain Federal statutes covering
agricultural workers. (See 71 FR 3914, January 24, 2006.) The
regulations proposed herein do not revoke or otherwise affect those two
Statements of Policy. They remain in effect.
The regulations the USIA adopted in 1993 contain provisions for the
preparation of training plans for trainees (22 CFR 62.22(f) and (g)).
The Office's experience since 1993 has shown that the regulations
regarding the content and use of such training plans have not been
effective, and they do not adequately assist the Office in determining
whether trainees receive real training, for example, or whether
``boilerplate'' structured training plans accurately describe actual
trainee activities. The Department proposes to replace the existing
training plan regulations with new regulations that appear below under
the heading ``Training/Internship Placement Plan.'' The Department will
provide an opportunity for comment on this proposed form by separate
Federal Register announcement.
The Department also recognizes that recent college and university
level graduates (i.e., those who graduated no more than 12 months prior
to the begin dates of their individual internship programs) and who
have not yet had the opportunity to acquire work experience in their
chosen fields of study, may also be interested in pursuing training in
the United States in their prospective occupational fields. The
Department has concluded that it is in furtherance of the
[[Page 17770]]
goals of the Fulbright-Hays Act that such graduates should be permitted
and, indeed, encouraged to enter the United States for post-graduate
practical training in structured and guided training programs.
Accordingly, these proposed regulations will create a new intern sub-
category within the regulations governing trainees.
It is imperative that the new internship programs provide learning
experiences for recent graduates that are an integral part of their
continuing education and that are consistent with the Congressional
intentions underlying enactment of the Fulbright-Hays Act. To that end,
the proposed regulations include provisions that: (1) Limit internship
program participation to only recent graduates from degree-granting
accredited post-secondary academic institutions; (2) require that
interns have a minimum TOEFL[supreg] score of 550, or its equivalent;
and (3) require the completion of individualized Training/Internship
Placement Plans prior to interns' departures from their home countries.
Interns may remain in the United States as participants in designated
internship programs for a maximum of 12 months.
The proposed regulations also provide that trainees and interns may
return to the United States for repeat training opportunities only
after they have been absent from the United States for at least two
years following completion of their initial training or internship
programs.
With respect to flight training, the proposed regulations link the
duration of on-the-job or practical training to the amount of time
flight trainees spend in full-time classroom study. Flight trainees
will be permitted to engage in one month of on-the-job or practical
training for each four months of full-time classroom study they
successfully complete. This mirrors the practical training provision in
the regulations governing the M visa, 8 CFR 214.2(m). With respect to
flight training programs, the duration of the total training period,
like that under the M visa, will be directly related to the amount of
classroom training that trainees successfully complete, but will not
exceed 18 months for the combined classroom and on-the-job practical
training.
Training programs in the agricultural, hospitality, and tourism
categories will be limited to 12 months' duration. The GAO, the
Department's Office of Inspector General, and the Inspector General of
the USIA have consistently singled out these three categories of
training for review and criticism. Concerns about these training
programs often focus on reviewing officers' inability to distinguish
on-the-job training from employment. The Department does not embrace
these criticisms in their entirety, as the simple fact that exchange
visitors are working does not mean they are not engaged in training.
Recognizing the value of training in these fields, but mindful of the
need to prevent abuse--or the appearance thereof--the Department
maintains that 12 months of training in these fields will address the
underlying employment concerns while permitting opportunities for
legitimate training. In addition, sponsors of agricultural programs
must certify that they meet all requirements of the Fair Labor
Standards Act, as amended (29 U.S.C. 201 et seq.) and the Migrant and
Seasonal Agricultural Worker Protection Act, as amended (29 U.S.C. 1801
et seq.).
Regulatory Analysis
Administrative Procedure Act
The Department is publishing this rule as a proposed rule, with a
60-day provision for public comments.
Regulatory Flexibility Act/Executive Order 13272: Small Business
These proposed changes to the regulations are hereby certified as
not expected to have a significant economic impact on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act, 5 U.S.C. 601-612, and Executive Order 13272, section
3(b).
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 5 U.S.C. 804 for the
purposes of Congressional review of agency rulemaking under the Small
Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 801-
808). 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
The Department does not consider this rule to be a ``significant
regulatory action'' under Executive Order 12866, section 3(f),
Regulatory Planning and Review. In addition, the Department is exempt
from Executive Order 12866 except to the extent that it is promulgating
regulations in conjunction with a domestic agency that are significant
regulatory actions. The Department has nevertheless reviewed the
regulation to ensure its consistency with the regulatory philosophy and
principles set forth in that Executive Order.
Executive Order 12988
The Department has reviewed this regulation in light of sections
3(a) and 3(b)(2) of Executive Order 12988 to eliminate ambiguity,
minimize litigation, establish clear legal standards, and reduce
burden.
Executive Orders 12372 and 13132
This regulation will not have substantial direct effects 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. The
regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities do
not apply to this regulation.
Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.;
PRA), Federal agencies must obtain approval from OMB for each
collection of information they conduct, sponsor, or require through
regulation. The Department has determined that this proposed rule
contains collection of information requirements for the purposes of the
PRA. The Department will submit to OMB its request for review of new
information collection as part of the proposal. The submission will
include a Form DS-7002 Training/Internship Placement Plan, which will
be the subject of a separate Federal Register notice and request for
public comment. The new collection of information will replace the
training
[[Page 17771]]
plans currently required under 22 CFR 62.22.
List of Subjects in 22 CFR Part 62
Cultural exchange programs, Reporting and recordkeeping
requirements.
Accordingly, 22 CFR part 62 is proposed to be 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, Public Law 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. Section 62.2 is amended by removing the paragraphs defining
``Non-specialty occupation'' and ``Specialty occupation'' and by adding
the following terms to read as follows:
Sec. 62.2 Definitions.
* * * * *
Clerical--means routine administrative work generally performed in
an office or office-like setting, such as recordkeeping, filing,
typing, mail sorting and distribution, and other general office tasks.
* * * * *
Intern--means a foreign college or university level graduate who,
within 12 months following graduation, enters the United States to
participate in a structured and guided period of work-based learning
related to the specific field in which he or she earned a degree.
Internship--means a structured and guided work-based program that
reinforces a recent graduate's academic study and provides on-the-job
exposure to American techniques, methodologies, and technology, and
enhances the intern's knowledge of American culture and society.
* * * * *
Trainee--means a foreign individual who has at least three years of
prior related work experience in his or her occupational field and who
enters the United States to participate in a structured and guided
work-based training program in his or her specific occupational field.
Training--means a structured and guided work-based learning program
set forth in an individualized Trainee/Internship Placement Plan that
enhances both a trainee's skills in his or her occupational specialty
through exposure to American techniques, methodologies, and technology,
and a trainee's understanding of American culture and society.
3. Section 62.22 is revised to read as follows:
Sec. 62.22 Trainees and Interns.
(a) Introduction. These regulations govern Exchange Visitor
Programs under which foreign nationals have the opportunity to receive
training in the United States. These regulations also establish a new
internship program under which recent foreign post-secondary school
graduates who graduated not more than 12 months prior to their Exchange
Visitor Programs' begin dates may enter the United States to obtain
work-based learning in the fields in which they received their degrees.
Regulations dealing with training opportunities for certain foreign
students who are studying at post-secondary accredited educational
institutions in the United States are found at Sec. 62.23 (``College
and University Students''). Regulations governing foreign medical
trainees are found at Sec. 62.27 (``Alien Physicians'').
(b) Purpose. (1) The primary objectives of the programs offered
under these regulations are to enhance the skills and expertise of
exchange visitors in their occupational or educational fields through
participation in structured and guided training and internship programs
and to improve participants' knowledge of American techniques,
methodologies and technology. Such training and internship programs are
also intended to increase participants' understanding of American
culture and society and to enhance Americans' knowledge of foreign
cultures and skills through an open interchange of ideas between
participants and their American associates. A key goal of the
Fulbright-Hays Act, which authorizes these programs, is that
participants will return to their home countries and share their
experiences with their countrymen. Exchange Visitor Program training
and internship programs are not to be used as substitutes for ordinary
employment or work purposes; nor may they be used under any
circumstances to displace American workers. These regulations are
designed to distinguish between bona fide training, which is permitted,
and merely gaining additional work experience, which is not permitted.
(2) In addition, a specific objective of the new internship program
is to provide recent foreign post-secondary school graduates a period
of work-based learning in the fields in which they earned their
degrees. Bridging the gap between formal education and practical work
experience and gaining substantive cross-cultural experience in
graduates' fields of study are major goals in educational institutions
around the world. By providing opportunities for recent foreign
graduates at formative stages of their development, the United States
Government will build partnerships, create mutual understanding, and
develop platforms for relationships that will last through generations
as these graduates move into leadership roles in a broad range of
professional fields in their own societies. These values are closely
tied to the goals, themes, and spirit of the Fulbright-Hays Act.
(c) Designation. (1) The Department may, in its sole discretion,
designate as sponsors entities meeting the eligibility requirements set
forth in subpart A of 22 CFR part 62 and satisfying the Department that
they have the organizational capacity successfully to administer and
facilitate training or internship programs.
(2) Sponsors shall provide training and internship programs only in
the category or categories for which the Department has designated them
as sponsors. The Department will designate training and internship
programs in any of the following occupational categories:
(i) Arts and Culture;
(ii) Information Media and Communications;
(iii) Education, Social Sciences, and Library Science;
(iv) Management, Business, Commerce and Finance;
(v) Health Related Occupations;
(vi) Aviation (subject to the Statement of Policy set forth at 71
FR 3913, January 24, 2006);
(vii) The Sciences, Engineering, Architecture, Mathematics, and
Industrial Occupations;
(viii) Construction and Building Trades;
(ix) Agriculture (subject to the Statement of Policy set forth at
71 FR 3914, January 24, 2006), Forestry, and Fishing;
(x) Public Administration and Law; and
(xi) Hospitality and Tourism.
(d) Selection Criteria. In addition to satisfying the general
requirements set forth in subpart A above, sponsors of trainees must
verify that all potential participants in their training programs have
at least three years' prior related work experience in the occupational
fields related to the specific training categories of their programs
and have a minimum TOEFL[reg] (Test of English as a Foreign Language)
score of 550, or its equivalent. Sponsors of interns must
[[Page 17772]]
verify that all potential participants in their internship programs:
(1) Are recent graduates of accredited foreign degree-granting
colleges or universities who have earned degrees in fields of study
related to the specific categories in which they are seeking
internships;
(2) Have not graduated more than 12 months prior to their proposed
Exchange Visitor Programs' begin dates; and
(3) Have a minimum TOEFL[supreg] score of 550, or its equivalent.
(e) Issuance of Forms DS-2019. In addition to the requirements set
forth in Subpart A, sponsors must ensure that:
(1) Sponsors do not issue Forms DS-2019 to potential participants
in training or internship programs until the sponsors secure placements
for the trainees or interns and sponsors provide them with completed
Training/Internship Placement Plans;
(2) Trainees or interns have sufficient finances to support
themselves for their entire stay in the United States, including
housing and living expenses; and
(3) The training or internship programs are not duplicative of any
experience that participants already obtained in their home countries.
(f) Obligations of Training and Internship Program Sponsors. (1) In
addition to the requirements set forth in subpart A, sponsors
designated by the Department to administer training or internship
programs must:
(i) Ensure that trainees and interns are appropriately placed and
supervise and evaluate trainees and interns on an on-going basis;
(ii) Provide guidance to trainees and interns during the placement
process;
(iii) Stay in communication with trainees and interns throughout
the training or internship programs;
(iv) Be available to trainees and interns to assist as
facilitators, counselors, and information resources;
(v) Ensure that training or internship programs provide a balance
between the trainees and interns' learning opportunities and their
trainees' orinterns' contributions to the organizations in which they
are placed;
(vi) Ensure that sufficient plant, equipment, and trained personnel
are available to provide the specified training;
(vii) Ensure that they or third parties follow the agendas set
forth in the individualized Training/Internship Placement Plans so that
trainees and interns obtain skills, knowledge, and competences through
structured and guided activities such as classroom training, seminars,
rotation through several departments, on-the-job training, attendance
at conferences, and similar learning activities, as appropriate in
specific circumstances;
(viii) Ensure that trainees and interns do not displace American
workers. The positions that trainees and interns fill shall exist
solely to assist trainees and interns in achieving the objectives of
their participation in training or internship programs; and
(ix) Certify that training and internship programs in the field of
agriculture meet all requirements of the Fair Labor Standards Act, as
amended (29 U.S.C. 201 et seq.) and the Migrant and Seasonal
Agricultural Worker Protection Act, as amended (29 U.S.C. 1801 et
seq.).
(2) Sponsors must conduct in-person interviews with potential
trainees or interns in their home countries and, further, must ensure
that:
(i) Suitably trained and experienced staff is designated to provide
supervision and mentoring for all trainees and interns at all training
sites;
(ii) They conduct periodic evaluations, as outlined below;
(iii) All employees, officers, agents, or third parties (foreign or
domestic) used to conduct any aspect of training or internship programs
(e.g., orientation) must be fully trained and supervised by an officer
of the designated sponsors in the performance of these functions, and
that they adhere to all regulatory provisions set forth in this Part as
well as all additional terms and conditions governing exchange program
administration that the Department may from time to time impose;
(iv) The training or internship programs are full-time (minimum of
32 hours a week); and
(v) Potential trainees (but not potential interns) have at least
three years of prior related work experience in the occupational fields
related to the specific training categories of their training programs.
(3) Sponsors, trainees or interns, and third-party placement
organizations, if applicable, must jointly develop individualized
Training/Internship Placement Plans on Forms DS-7002 before issuing
Forms DS-2019 to trainees or interns.
(4) Sponsors must retain all documents referred to in this
paragraph (f) for at least three years following the completion of all
trainees' or interns' training or internship programs.
(g) Use of Third Parties. Sponsors may utilize the services of
domestic or foreign third party organizations in the conduct of their
designated training or internship programs. If sponsors use third
parties, they must enter into written agreements meeting the
requirements of paragraph (g)(3) of this section, before placement of
trainees or interns. Sponsors' use of third parties does not relieve
sponsors of their obligations to comply with, and to ensure third party
compliance with, all Exchange Visitor Program regulations. Any failures
on the parts of the third parties to comply with these regulations will
be imputed to sponsors. If trainees or interns are placed at locations
other than their sponsors' business premises, sponsors must:
(1) Conduct on-site visits to all third-party organizations to
ensure that the organizations providing the training or internship
programs possess and maintain the ability to provide structured and
guided practical experience according to the individualized Training/
Internship Placement Plans and ensure that third party organizations
understand their obligations under the Exchange Visitor Program
regulations.
(2) Ensure that all third party organizations providing training or
internship programs have been in business for a minimum of three years.
(3) Ensure the existence of written and executed agreements between
sponsors and third party organizations to administer training or
internship programs prior to the placement of trainees or interns in
such programs. These agreements must delineate the respective
obligations and duties of the parties and identify the parties'
obligations to act in accordance with these regulations to ensure that
skills, knowledge, and competences are imparted to trainees or interns
through structured and guided programs set forth in individualized
Training/Internship Placement Plans. Such plans must be appropriate to
trainees' or interns' levels of experience and skill and be consistent
with all requirements of the Exchange Visitor Program. These agreements
must also include third party organizations' business license numbers,
Employment Identification Codes (EIDs), D-U-N-S Numbers, and points of
contact. Sponsors must maintain copies of all such agreements in their
files for at least three years following the completion of each
training or internship program.
(4) Ensure that within 48 hours of placement, the trainees' or
interns' supervisors or managers conduct entry interviews and
orientations of their organizations. Such orientations must include the
history, missions, goals, organizational structures, objectives,
policies, and procedures of the organizations, and must provide
training on the use of equipment and
[[Page 17773]]
other relevant technology at training sites.
(h) Third Party Organization Obligations. (1) Third party
organizations must verify in writing that all placements are
appropriate and consistent with the objectives of trainees or interns
as outlined in their individualized Training/Internship Placement
Plans. All parties involved in internship programs should recognize
that interns are seeking basic training and experience in the fields in
which they earned their degrees. Accordingly, many, if not all of the
placements for interns will be entry level in nature.
(2) Third party organizations must execute written agreements with
designated sponsors as set forth in paragraph (g)(3) of this section.
(3) Third party organizations must notify sponsors of any concerns
about, changes in, or deviations from Training/Internship Placement
Plans during training or internship programs.
(4) Third party organizations must not use trainees or interns to
displace American workers. The positions that trainees and interns fill
must exist solely to assist trainees and interns to achieve the
objectives of their participation in training and internship programs.
(i) Training/Internship Placement Plan. (1) Prior to issuing Forms
DS-2019, sponsors must provide trainees or interns with individualized
Training/Internship Placement Plans on Forms DS-7002.
(2) Training/Internship Placement Plans must be on the Department's
Form DS-7002 and must state the trainees' or interns' names and
relevant contact information (telephone numbers, addresses, e-mail
addresses, and fax numbers), the number of years of experience the
trainees have had in their occupational fields, the beginning and
ending dates of the training or internship programs, the address of the
sponsors and locations of the training or internship programs and the
name and relevant contact information (telephone numbers, addresses, e-
mail addresses, and fax numbers) of the supervisors or managers who
will evaluate and monitor the trainees or interns.
(3) Training/Internship Placement Plans must also state the
purposes of the training or internship programs, the skills the
trainees or interns seek, whether the trainees or interns will receive
any remuneration for housing and living expenses (and if so, the
amount), and estimates of the living expenses and other costs the
trainees or interns are likely to incur while in the United States.
(4) Training/Internship Placement Plans must be produced in
triplicate and the trainees or interns, sponsors, and the third party
placement organizations (if a third party organization is used in the
conduct of the training) must each sign each copy.
(5) All signatories to Training/Internship Placement Plans shall
receive and retain individual versions of the Training/Internship
Placement Plans that contain original signatures of each of the
foregoing individuals.
(6) Upon request, trainees or interns must present fully executed
Training/Internship Placement Plans on Forms DS-7002 to any Consular
Official interviewing them in connection with the issuance of J-1
visas.
(j) Program Exclusions. Sponsors designated by the Department to
administer training or internship programs must not:
(1) Sponsor trainees or interns in unskilled or casual labor
positions, in positions that require or involve child care or elder
care, or in clinical or any other kind of work that involves patient
care or contact, including any work that would require trainees or
interns to provide therapy, medication, or other clinical or medical
care (e.g., sports or physical therapy, psychological counseling,
nursing, dentistry, social work, speech therapy, or early childhood
education);
(2) Sponsor trainees or interns in occupations or businesses that
could bring the Exchange Visitor Program or the Department into
notoriety or disrepute; or
(3) Engage staffing or employment agencies to recruit, screen,
orient, or place trainees or interns.
(4) Designated sponsors must ensure that the duties of trainees or
interns will not involve more than 20% clerical work, and that all
tasks assigned to trainees or interns are necessary for the completion
of training or internship program assignments.
(k) Duration. The duration of trainees' or interns' participation
in training or internship programs must be established before sponsors
issue Forms DS-2019. Except as noted below, the maximum duration of
training programs is 18 months, and the maximum duration of internship
programs is 12 months. For trainees in agricultural training programs
and hospitality and tourism training programs, the maximum duration of
training programs is 12 months. No program extensions are permitted
after sponsors issue Forms DS-2019.
(l) Evaluation. In order to ensure the quality of training or
internship programs, sponsors must develop procedures for evaluation of
all trainees or interns. For programs exceeding six months in duration,
at a minimum, midpoint and concluding evaluations are required from the
trainees' or interns' immediate supervisors, and both parties
(supervisors and trainees or interns) must sign them prior to the
completion of the training or internship programs. For programs of six
months or less, at least one evaluation is required at the conclusion
of the training or internship program, and it must be signed by both
parties (supervisors and trainees or interns) prior to the completion
of the training or internship programs. Sponsors are required to retain
trainee or intern evaluations for a period of at least three years
following the completion of each training or internship program.
(m) Issuance of Certificate of Eligibility for Exchange Visitor (J-
1) Status. Sponsors must not deliver or cause to be delivered any
Certificate of Eligibility for Exchange Visitor (J-1) Status (Form DS-
2019) to potential trainees or interns unless the individualized
Training/Internship Placement Plans required by paragraph (i) of this
section have been completed on Form DS-7002, and all other requirements
set forth in these regulations have been met.
(n) Repeat Participation. Individuals who enter the United States
under the Exchange Visitor Program to participate in training or
internship programs are not eligible for repeat participation unless
they have resided outside the United States for a period of at least
two years after the completion of their initial training or internship
programs.
(o) Flight Training. (1) The Department will consider the
application for designation of flight training programs if such
programs comply with the above regulations and the General Provisions
set forth in Subpart A of this part, and, in addition, such programs
are at the time of making said application:
(i) Federal Aviation Administration (FAA) pilot schools
certificated pursuant to Title 14, CFR part 141; and
(ii) Flight training programs accredited by an agency that is
listed in the current edition of the United States Department of
Education's ``Nationally Recognized Accrediting Agencies and
Associations,'' or are accredited as flight training program by a
member of the Council on Postsecondary Accreditation.
(2) Notwithstanding the provisions of paragraph (k) of this
section, the maximum period of duration for participation in designated
flight training programs is directly related to
[[Page 17774]]
the amount of time that flight trainees spend in full-time classroom
study. Flight trainees are allowed to engage in one month of on-the-job
or practical training for each four months of full-time classroom study
they complete successfully, not to exceed 18 months for the combined
classroom study and on-the-job or practical training.
(3) For purposes of meeting the evaluation requirements set forth
in paragraph (l) of this section, sponsors and/or third parties
conducting flight training programs may utilize the same training
records as the FAA requires to be maintained pursuant to 14 CFR
141.101.
Dated: March 30, 2006.
Stanley S. Colvin,
Director, Office of Exchange Coordination and Designation, Bureau of
Educational and Cultural Affairs, Department of State.
[FR Doc. E6-4946 Filed 4-6-06; 8:45 am]
BILLING CODE 4710-05-P