[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR139.4]

[Page 599-600]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 139_IRISH PEACE PROCESS CULTURAL AND TRAINING PROGRAM--Table of Contents
 
Sec. 139.4  Responsibilities of the Program Administrator.

    The Program Administrator will be responsible for the following:
    (a) Identifying job/training opportunities in designated economic 
sectors, and recommending to the Department employers in the United 
States who meet the criteria of Sec. 139.7 and who wish to participate 
in the IPPCTP. Job/training opportunities will be located in a number of 
geographic areas across the United States, depending on the availability 
of jobs, relative cost of living, support infrastructure, and other 
relevant factors. The Program Administrator, from time to time, will 
recommend to the Department of State the addition or deletion of, or 
exceptions to, designated economic sectors and geographic areas for 
participants.
    (b) Making available, through electronic or other means, information 
about job/training openings to potential program participants and 
assisting them in securing job placements in the United States.
    (c) Certifying in writing to a United States consular officer in the 
United States Embassy in Dublin or the United States Consulate General 
in Belfast, or to an officer of the INS, that a principal alien has been 
selected to participate in the IPPCTP. This certification will be used 
only to assist in:
    (1) Nonimmigrant visa issuance to and adjudication of an application 
for admission made by the principal alien and accompanying family 
members; or
    (2) Adjudicating a request made by the principal alien to change 
employers under the IPPCTP while in the United States. Unless otherwise 
authorized, the Program Administrator may approve only one change of 
approved employer per participant per period of stay.
    (d) Providing pre-departure and pre-employment orientation seminars 
to program participants, as appropriate, and otherwise assisting 
participants in a smooth transition to life in the United States.
    (e) Monitoring participants' compliance with Program requirements 
while in the United States, and verifying that participants are 
receiving the agreed training and skills. Issuing replacement 
certification documents to participants whose original has been lost, 
stolen, or mutilated. In addition, making available training in personal 
and professional development to participants and verifying that such 
training has been undertaken; arranging with approved employers as a 
condition of assignment of participants that each such employer: will 
give the Program Administrator advance notice of intention to discharge 
a participant for cause and the reasons therefor, will permit the 
Program Administrator an opportunity to mediate between the employer and 
the participant; and give the Program Administrator written notice when 
employment of a participant is terminated and the reason. The Program 
Administrator, if mediation is not successful and the participant is 
terminated for cause in the judgment of the employer, will promptly 
(normally within two business days after termination of employment) 
reach a decision on validity of the cause for the employer's decision 
and, if the decision is favorable to the participant, may assist in 
finding another approved employment.
    (f) Cooperating with FAS and T&EA in all aspects of the program, 
including assisting participants in finding jobs in their home countries 
upon completion of their U.S. training.
    (g) Reporting to the Department and INS on various aspects of the 
program and on program participants as directed. In particular, promptly 
(normally within five business days) giving a written report to the 
Department of

[[Page 600]]

State and the Immigration and Naturalization Service upon each 
occurrence of any of the following: termination or change of approved 
employment of a participant, withdrawal from participation in the 
program, results of an exit interview with the participant, and the 
departure from the United States of any participant upon conclusion of 
participation in the program.
    (h) Developing and maintaining a computerized database and website 
to underpin all of the functions in paragraphs (a) through (g) of this 
section. The Program Administrator will retain this data base for at 
least five years after termination of the Program, or transfer the data 
base to the Department of State, and provide the Department of State and 
the Immigration and Naturalization Service access to that data base 
while under its control.
    (i) The Program Administrator within 5 business days is to terminate 
a participant from the program when: the participant is terminated from 
approved employment for cause or fails to obtain another approved 
employment within 30 days of leaving current employment (not having been 
separated for cause); the participant, without good cause, fails to 
comply with program regulations, including rules of the Program 
Administrator and the code of code of conduct; or the participant 
engages in employment that has not been authorized under the program or 
fails to maintain adequate, continuous health coverage (see Sec. 
139.5). The Program Administrator shall promptly (normally within five 
business days) give written notice to the Department of State, the 
Immigration and Naturalization Service, FAS or T & EA as appropriate, 
and to the consulate that issued a visa to the participant, that the 
participant has been terminated and the reason therefor. The Program 
Administrator shall conduct an exit interview with any participant 
leaving the program to assess the experience and to obtain return of the 
participant's certification letter.

[65 FR 14766, Mar. 17, 2000, as amended at 66 FR 52504, Oct. 16, 2001]