ognition, accreditation, certification or approval, which he may consider necessary in making his determination of the eligibility of the program to be designated as an Exchange-Visitor Program.

(b) Decision by the Secretary. Upon receipt and consideration of the Form DSP-37, including any required additional evidence, the Secretary may in his discretion designate the sponsor's program as an Exchange-Visitor Program. The Secretary will notify the sponsor in writing of his decision. The Secretary may in his discretion revoke designation of any Exchange-Visitor Program for any sufficient cause, including, but not limited to:

(1) Failure to maintain educational standards as established by competent professional agencies;

(2) Failure to submit reports on program operations when requested by the Secretary;

(3) Misuse of the Exchange-Visitor Program.

(c) Assignment of serial number. (1) If designation is made, the program will be assigned a number within one of the following series:

G-I-Programs sponsored by the Bureau of Educational and Cultural Affairs, Department of State.

G-II-Programs sponsored by the Agency for International Development.

G-III-Programs sponsored by the United States Information Agency.

G-IV-Programs sponsored by international agencies or organizations in which the United States Government participates. G-V-Programs sponsored by national, state, or local governmental agencies.

P-I-Programs sponsored by educational institutions such as schools, colleges, universities, seminaries, libraries, museums, and institutions devoted to scientific and technological research.

P-II-Programs sponsored by hospitals and related institutions not a part of educational institutions.

P-III-Programs sponsored by non-profit associations, foundations, and institutes. P-IV-Programs sponsored by business and

industrial concerns.

(2) The sponsor will thereafter refer to the serial number in any correspondence with the Secretary, consular officers, or the Immigration and Naturalization Service concerning the Exchange-Visitor Program or any individual included in such program.

(d) Notification to the Immigration and Naturalization Service. When a program has been designated as an Ex

change-Visitor Program, the Department shall notify the Immigration and Naturalization Service of the sponsor, serial number, and nature and purpose of the program.

[Dept. Reg. 108.490, 28 F.R. 1630, Feb. 21, 1963, as amended by Dept. Reg. 108.506, 29 F.R. 2784, Feb. 28, 1964]

§ 63.4 Notification to Exchange Visitors.

The Officer designated as the Responsible Officer for an Exchange-Visitor Program shall execute a Form DSP-66, "Certificate of Eligibility for ExchangeVisitor Status", in a single original copy and furnish it to each participant for presentation to the American consular office in applying for a J-1 visa. The Responsible Officer is required to furnish in the Form DSP-66 the time and terms of the proposed exchange visit which must be demonstrably within the scope of the designated Exchange-Visitor Program concerned. The participant must personally execute the reverse of the Form DSP-66 to be eligible for a J-1 visa and must present the Form DSP-66 at the port of entry to be eligible for admission to the United States. If members of the immediate family are following to join the participant, they must present (a) to the American consular officer, in order to be eligible for a J-2 visa, and (b) to the Immigration and Naturalization Service officer at the port of entry, in order to be eligible for admission to the United States on such visa, a copy of the Form DSP-66 issued to the participant, authenticated by the Responsible Officer for the Exchange-Visitor Program to show that the participant is still under that program and to show the authorized period of stay of the participant.

§ 63.5 Applications for change of status to or from exchange visitor, for extensions, and for program transfers; general limitations of stay; employment of exchange aliens.

(a) Application for change of status to exchange visitor. Such application shall be made by the prospective exchange visitor who has been admitted into the United States as a nonimmigrant and is eligible for change of status in accordance with the provisions of section 248 of the Immigration and Nationality Act, as amended, to the office of the Immigration and Naturalization Service having administrative jurisdiction over the alien's place of temporary residence.

The application of a participant must be accompanied by a Form DSP-66 properly executed by the sponsor and the participant. The Immigration and Naturalization Service officer to whom such application is made will request the views of the Department prior to the granting of change of status in those cases in which the officer (1) cannot determine from the evidence submitted that the program proposed for the participant is clearly within the scope of the designation of the Exchange-Visitor Program concerned, or (2) has doubt, considering among other factors the applicant's length of stay and previous activities in the United States, as to whether the best interests of the international exchange of persons program would be served by this change of status. The application of the immediate family, if not made on the same occasion as the participant's must be accompanied by a copy of the Form DSP-66 issued to the participant, authenticated by the Responsible Officer for the Exchange-Visitor Program to show that the participant is still under that program and to show the authorized period of stay of the participant.

(b) General limitations on stay of exchange visitors. To insure that exchange visitors remain in the United States only so long as is necessary to satisfy their objectives and the intent of the Act, the following general limits on the period of stay of exchange visitors are hereby established. Exceptions to these limitations will be permitted only in unusual circumstances:

(1) Participants:

(i) Graduate nurses-two years. (ii) Doctors of medicines-five years for internships and residencies.

(iii) Medical technologists, medical record librarians, medical record technicians, X-ray technicians, and other participants in similar categorieslength of the approved training program plus a maximum of 18 months for practical experience, not exceeding a total of three years.

(iv) Students-as long as they pursue substantial scholastic programs leading to recognized degrees or certificates. Students whom the sponsor recommends for practical training will be permitted to remain for such purpose for an additional period of up to eighteen months after receiving their degrees or certificates.

(v) Research scholars-three years.

(vi) Guest teachers and instructorstwo years.

(vii) Business and industrial trainees-eighteen months.

(2) The immediate family-as long as the participant remains.

The limitations in this paragraph prescribe, as a general rule, the maximum stay of exchange visitors in the categories cited. A participant who is able to complete his objective in less than the maximum will be expected to return abroad to comply with the purposes of the Act. These limitations apply regardless of the number of ExchangeVisitor Programs in which a participant participates. Therefore, transfer from one Exchange-Visitor Program to another will not extend the stay of a participant beyond the limits set for his particular category. These limitations should not be construed as extending or changing in any way the authorized period of stay specified in the official description of an Exchange-Visitor Program.

(c) Application for extension of stay. (1) Such application shall be made between 15 and 30 days before the expiration of the exchange visitor's authorized stay to the District Director of the Immigration and Naturalization Service having administrative jurisdiction over the exchange visitors place of temporary residence.

(2) A participant applying for an extension of stay shall present Form DSP66 properly endorsed by the sponsor to show the time and terms of the extended stay for which application is made. As a general rule, applications for extensions of stay should be requested only for continuation of the activity for which the participant obtained status as an exchange visitor, not for a new activity. When the application, if approved, would extend the participant's stay beyond the limitation specified in (b) of this section, it must be strongly supported by the sponsor with evidence that there are exceptional circumstances or that additional time is required to complete highly specialized training, and that the participant's future intentions clearly involve his departure from the United States in accordance with the objectives of the Exchange-Visitor Program. If the applicant is accompanied by his immediate family, the sponsor should attach a statement to Form DSP-66 giving the name and relationship, place and date of birth, and nationality of each accom

panying member of his immediate family.

(3) If the application falls within one of the categories which the Department has advised the Immigration and Naturalization Service are questionable from an exchange point of view, or should be subject to review by the Department, the Immigration and Naturalization Service will refer the application to the Department prior to action on the application. Those cases in which an extension is requested to enable the participant to carry out a new activity under the sponsor's program will be referred by the Immigration and Naturalization Service to the Department for consideration before the participant is permitted to enter into the new activity.

(4) The application of the immediate family, if not made on the same occasion as the participant's, must be accompanied by a copy of the Form DSP-66 issued to the participant, properly endorsed by the sponsor to show the time and terms of the extended stay for which the participant has applied.

(d) Application for program transfer. An application for permission to transfer from one designated Exchange-Visitor Program to another must be submitted to the District Director, Immigration and Naturalization Service, having administrative jurisdiction over the participant's place of temporary residence in the United States by the participant concerned between fifteen and thirty days before participation in the program to which he wishes to transfer is scheduled to begin. A participant applying for a program transfer shall present a duly executed Form DSP-66, Part I completed by the prospective sponsor and Part II by the releasing sponsor. Before granting the participant permission to transfer, the District Immigration and Naturalization Service Office concerned will request the views of the Department as to whether the best interests of the international exchange of persons will be served by the transfer in any case in which (1) the applicant is unable to present a Form DSP-66 with Part II duly executed by the current sponsor, (2) it appears that the transfer is solely or principally for the purpose of continuing the residence and employment of the participant in the United States, or (3)

the officer cannot perceive clear progress toward a definite objective consistent with the intent and purpose of the Act.

(e) Application for change of status from exchange visitor to another nonimmigrant category. Exchange visitors may apply for a change of nonimmigrant classification only to the A (foreign government official) or G (international organization representative, official or employee) classification. Application should be made in behalf of the exchange visitor by the appropriate foreign embassy or international organization to the Department which will certify to the Attorney General that the alien is entitled to the classification requested provided that no objection is perceived in view of the intent and purpose of the Act.

(f) Employment of exchange visitors. (1) A Program sponsor may authorize part-time employment during the school year for a principal (J-1) exchange visitor student if the following requirements are met: (i) Part-time employment may be approved by the Program sponsor only where (a) it is required by an urgent financial need which has arisen since the time of visa issuance, and (b) such part-time employment will not interfere with the exchange visitor's participation in full-time study; (ii) the exchange visitor student may not reduce his study below the full-time level in order to engage in part-time employment; (iii) any part-time employment must have the written approval of the Responsible Officer; (iv) no full-time employment (40 hours per week) or employment approaching the nature of fulltime employment may be approved by the Program sponsor.

(2) Employment is considered a part of an exchange visitor student's academic program if it is on-campus employment of a student otherwise taking a full course of study pursuant to the terms of a scholarship, fellowship or assistantship and is related thereto. Such employment is not subject to the requirement contained in subparagraph (1) (i) (a) of this paragraph.

[Dept. Reg. 108.490, 28 F.R. 1630, Feb. 21, 1963, as amended by Dept. Reg. 108.506, 29 F.R. 2784, Feb. 28, 1964; 33 F.R. 9073, July 20, 1968]

§ 63.6 Requests for waivers of the foreign residence requirement of section 212(e) of the Immigration and Nationality Act, as amended.

(a) Section 212(e) of the Immigration and Nationality Act, as amended, provides in part that no person admitted under section 101 (a) (15) (J) or acquiring such status after admission shall be eligible to apply for an immigrant visa, or for permanent residence, or for a nonimmigrant visa under section 101(a) (15) (H) until it is established that such person has resided and been physically present in the country of his nationality or his last residence, or in another foreign country for an aggregate of at least two years following departure from the United States. It is also provides that such residence in another foreign country shall be considered to have satisfied this requirement if the Secretary determines that it has served the purpose and intent of the Act. It further provides that upon the favorable recommendation of the Secretary, pursuant to the request of an interested United States Government agency, or the Commissioner of Immigration and Naturalization after he has determined that departure from the United States would impose exceptional hardship upon the alien's spouse or child (if such spouse or child is a citizen of the United States or a lawfully resident alien), the Attorney General may waive the requirement of such two-year foreign residence abroad in the case of any alien whose admission to the United States is found by the Attorney General to be in the public interest. The provisions of section 212(e) are also made applicable to persons who acquired exchangevisitor status under the United States Information and Educational Exchange Act of 1948, as amended.

(b) An exchange visitor desiring to apply for a waiver shall follow procedures and/or regulations established by the United States Government agency interested in his case.

(c) An applicant for a waiver should arrange for a report on his application to be made by the sponsor or sponsors directly to the interested United States Government agency.

(d) A request for a waiver submitted

by an agency of the United States Government to the Secretary for his recommendation shall recite the facts concerning the admission and places and periods of stay in the United States of the exchange visitor and the country of his nationality or last residence; identify his sponsor or sponsors by name and program number; name the place of his intended residence in the United States; state the reason or reasons why the waiver is being requested; and be accompanied by the report of the sponsor or sponsors of his application.

(e) The request must be supported by documentary evidence demonstrating that issuance of the waiver is in the public interest because the two-year period of residence abroad would (1) impose exceptional hardship upon the exchange visitor's spouse or child (if such spouse or child is a citizen of the United States or a lawfully resident alien), or (2) be clearly detrimental to a program or activity of official interest to an agency of the Government of the United States.

(f) An exchange visitor who wishes to apply for a waiver under paragraph (e) (1) of this section shall apply to the District Director of the Immigration and Naturalization Service having administrative jurisdiction over the alien's place of temporary residence in the United States, or if the exchange visitor is abroad, over his last place of residence in the United States. If, after consideration of an application, the Commissioner of Immigration and Naturalization determines that compliance with the foreign residence requirement would impose exceptional hardship upon the spouse or child who is an American citizen, or permanent resident alien, the request showing such determination shall be submitted to the Bureau of Educational and Cultural Affairs of the Department for the Secretary's recommendation. An exchange visitor who wishes to apply for a waiver under paragraph (e) (2) of this section shall apply to the United States Government agency interested in his case. If the interested agency views his case favorably, it shall transmit its request to the Bureau of Educational and Cultural Affairs of the Department for the Secretary's recommendation.

§ 63.7

Action by the Secretary on requests for waiver of the foreign residence requirement of section 212(e) of the Immigration and Nationality Act, as amended.

Upon receipt of a request from an interested United States Government agency or from the Commissioner of Immigration and Naturalization that the foreign residence requirement of section 212(e) of the Immigration and Nationality Act, as amended, be waived in the case of an exchange visitor, the Secretary shall review the policy, program, and foreign relations aspects of the case and in appropriate instances shall transmit his recommendation to the Attorney General for the latter's finding and consequent action. § 63.8

Determination by the Secretary that residence in another foreign country has served the purpose and intent of the Act.

(a) In the event that all or part of the two-year period of foreign residence specified in section 212(e) of the Immigration and Nationality Act, as amended, was spent in a country or countries other than the country of the exchange visitor's nationality or his last residence, and in the event a waiver as provided in §§ 63.6 and 63.7 has not been obtained, neither an immigrant visa, nor a nonimmigrant visa under section 101 (a) (15) (H) of the Immigration and Nationality Act, nor an adjustment of status under section 245 of the Immigration and Nationality Act, as amended, shall be granted until the Secretary has determined that the residence in such

other foreign country or countries has served the purpose and intent of the Act. An information sheet furnishing general guidance on factors which the Secretary will consider in making his determination may be obtained by interested persons from the Bureau of Educational and Cultural Affairs, Department of State. The factors set forth in the information sheet shall not be regarded as binding, conclusive, or inclusive of all circumstances to be considered in arriving at a determination, and shall be subject to change without notice. In no event will a determination be made in any individual case until the two-year period of foreign residence has been completed.

(b) In applying for such determination, the exchange visitor shall submit to the American consular officer having jurisdiction over his visa application or, if the exchange visitor is in the United States, to the District Director of the Immigration and Naturalization Service having administrative jurisdiction over his place of temporary residence in the United States, a written report of the facts in his case, containing as much information as possible along the lines indicated in the information sheet described in paragraph (a) of this section. The report shall be forwarded to the Bureau of Educational and Cultural Affairs, Department of State, together with any pertinent comments of the official forwarding the report. The Secretary shall review the policy, program, and foreign relations aspects of the case and inform the authorities concerned, in writing, of his decision.