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(a) Health and accident insurance. gram if allowable under existing authorPayment for the costs of health and acci- ity, may be authorized whether or not dent insurance for United States and specifically provided for by this part. foreign participants while such partici- (h) Biweekly payment. Unless otherpants are en route or absent from their wise specified in the grant, all compensahomes for purposes of participation in tion and allowances for U. S. participants the program when authorized by the shall be payable biweekly and shall be Department.

computed as follows: an annual rate (b) Transportation of remains. Pay

shall be derived by multiplying a monthly ments for the actual expenses of pre

rate by 12; a biweekly rate shall be deparing and transporting to their former

rived by dividing an annual rate by 26; homes the remains of persons, not

and a calendar day rate shall be derived United States Government employees,

by dividing an annual rate by 364. If who may die away from their homes

any maximum compensation or allowwhile participating in the program are

ance authorized by these regulations or authorized.

by the terms of any grant is exceeded by (c) Marima not controlling. Pay

this method of computation and payments and allowances may be made at

ment, such excess payment is hereby the rate or in the amount provided in

authorized. This paragraph may apply the regulations in this part unless an

to payments made to participants from individual grant or travel order speci

funds administered as provided in § 61.2 fies that less than the maximum will be

(a) and (b) in the discretion of the deallowed under any part of the regula

partment, agency, independent estabtion in this part. In such case, the

lishment, institution, facility, or organigrant or travel order will control.

zation concerned.

(i) Payments. Payments of benefits (d) Individual authorization. Where

authorized under any part of the reguthe regulations in this part provide for

lations in this part may be made either compensation, allowance, or other pay

by the Department of State or by such ment, no payment shall be made there

department, agency, institution,

or fore unless a definite amount or basis

facility as may be designated by the Deof payment is authorized in the individ

partment. ual case, or is approved as provided in

(j) Duration. The duration of the paragraph (f) of this section.

grant shall be specified in each case. (e) Computation of per diem and al

(k) Cancellation. If a recipient of a lowance. In computing per diem and

grant under this program fails to mainallowances payable while on a duty

tain a satisfactory record or demonassignment, except for travel performed

strates unsuitability for furthering the under the Standardized Government

purposes of the program as stated in Travel Regulations, fractional days shall

$ 61.1 (a), his grant shall, in the discrebe counted as full days, the status at the tion of the Secretary of State or such end of the calendar day determining

officer as he may designate, be subject the status for the entire day.

to cancellation. (f) Subsequent approval. Whenever (1) Outstanding grant authorizations. without prior authority expense has been Grants and other authorizations which incurred by a participant, or an indi- are outstanding and in effect on the date vidual has commenced his participation the present regulations become effective, in the program as contemplated by the and which do not conform to this part, regulations in this part, the voucher for shall nevertheless remain in effect and payments in connection therewith may be governed by the regulations under be approved by an official designated for which they were originally issued, unless this purpose, such approval constituting such grants or other authorizations are the authority for such participation or specifically amended and made subject the incurring of such expense.

to the present regulations in which case (g) Additional authorization. Any

the individual concerned will be notified. emergency, unusual or additional pay- (22 F.R. 10836, Dec. 27, 1957, as amended at ment deemed necessary under the pro- 30 F.R. 10230, Aug. 18, 1965)

PART 62-FOREIGN STUDENTS Sec. 62.1 Regulations to be drafted. 62.2 Applications. 62.3 Reference of applications. 62.4 Copies of regulations to Department of

State. 62.5 Granting of application. 62.6 Limitations.

AUTHORITY: The provisions of this part 62 issued under 52 Stat. 1034, as amended; 20 U.S.C. 221, E.O. 7964, 3 F.R. 2106, 3 CFR, 1943 Cum. Supp.

SOURCE: The provisions of this Part 62 appear at 22 F.R. 10838, Dec. 27, 1957, unless otherwise noted.

§ 62.1 Regulations to be drafted.

Subject to the provisions and requirements of this part, appropriate administrative regulations shall be drafted by each executive department or agency of the Government which maintains and administers educational institutions and schools coming within the scope of the legislation. Such regulations shall carefully observe the limitations imposed by the Act of June 24, 1938, and shall in each case include:

(a) A list of the institutions and courses in the department or agency concerned in which instruction is available under the terms of the legislation.

(b) A statement of the maximum number of students of the other American republics who may be accommodated in each such institution or course at any one time.

(c) A statement of the qualifications to be required of students of the other American republics for admission, including examinations, if any, to be passed.

(d) Provisions to safeguard information that may be vital to the national defense or other interests of the United States. $ 62.2 Applications. .

Applications for citizens of the other American republics to receive the instruction contemplated by the said Act of June 24, 1938, shall be made formally

through diplomatic channels to the Secretary of State by the foreign governments concerned. $ 62.3 Reference of applications.

The Secretary of State shall refer the applications to the proper department or agency of the Government for advice as to what reply should be made to the application. $ 62.4 Copies of regulations to Depart

ment of State. In order to enable the Secretary of State to reply to inquiries received from the governments of the other American republics, the Department of State shall be promptly supplied with copies of the regulations drafted by the other departments and agencies of the Government and of subsequent amendments thereto. $ 62.5 Granting of application.

Upon receipt of a reply from another department or agency of the Government, as contemplated by $ 62.3, in which it is recommended that an application be granted, the Secretary of State shall notify the government of the American republic concerned, through diplomatic channels, that permission to receive the instruction requested in the application is granted, provided the applicant complies with the terms of this part and with the terms of the administrative regulations of the department or agency concerned. § 62.6 Limitations.

In granting permission to citizens of the other American republics to receive instruction under the provisions of the said act of June 24, 1938, the Secretary of State shall limit the number of such permissions so that not more than one citizen of any one American republic shall receive instruction at the same time in the United States Military Academy; and he shall not grant any such permission to a citizen of any of the American republics to receive instruction in any institution or school if the issuance of such permission will curtail the admission of citizens of the United States eligible to receive instruction therein.

51-037 0-66—10

139

PART 63_EXCHANGE-VISITOR

operation serves to promote mutual unPROGRAM

derstanding between the people of the

United States and the people of other Sec. 63.1 Definitions.

countries. 63.2 Application for Exchange-Visitor Pro

(d) As used in this part, the term gram designation.

"Secretary" means either the Secretary 63.3 Action on application for Exchange- of State or an officer duly designated by Visitor Program designation.

him. 63.4 Notification to Exchange Visitors.

(e) As used in this part, the term 63.5 Applications for change of status to or

“Department" means the Department of from exchange visitor, for extensions,

State.
and for program transfers; general
limitations of stay.

(f) As used in this part, the term 63.6 Requests for waivers of the foreign “exchange visitor" means a “participant" residence requirement of section 212

as defined in paragraph (h), and the (e) of the Immigration and Nation- "immediate family” as defined in paraality Act, as amended.

graph (i), of this section. 63.7 Action by the Secretary on requests

(g) As used in this part, the term for waiver of the foreign residence

"country of his nationality or his last requirement of section 212(e) of the

residence" means either the country of Immigration and Nationality Act, as amended.

which the exchange visitor was a na63.8 Determination by the Secretary that

tional at the time he acquired status as residence in another foreign country

an exchange visitor or the last foreign has served the purpose and intent country in which he resided before he of the Act.

acquired status as an exchange visitor.

(h) As used in this part, the term AUTHORITY: The provisions of this part 63

"participant” means any foreign naissued under sec. 4, 63 Stat. 111, secs. 102,

tional who has been selected by a spon109, 75 Stat. 527, 534; 5 U.S.C. 151c, 22 U.S.C. 2452, 8 U.S.C. 1101, 1182, 1258.

sor to participate in an Exchange-Visitor

Program and who is seeking to enter or SOURCE: The provisions of this Part 63 con- has entered the United States tempotained in Department Regulation 108.490, 28

rarily on a J-1 visa, or on an exchangeF.R. 1630, Feb. 21, 1963, unless otherwise

visitor visa under the United States Innoted.

formation and Educational Exchange CROSS REFERENCES: For consular procedure Act of 1948, as amended, or who is seekwith respect to issuance of visas to exchange

ing to acquire or has acquired such visitors, see 22 CFR 41.65 of this chapter.

status after admission, including, but $ 63.1 Definitions.

not limited to the following categories: (a) As used in this part, the term (1) A "student”, for the purpose of “Act” refers to the Mutual Educational pursuing formal courses, or any comand Cultural Exchange Act of 1961.

bination of courses, research, or teach(b) As used in this part, the term ing, leading to a recognized degree or "sponsor" means any existing reputable certificate, in an established school or United States agency or organization or institution of learning, or recognized international agency or or- (2) A "trainee”, for the purpose of ganization having United States mem- obtaining practical training in a specialbership and offices which makes appli- ized field of knowledge and skill in a noncation as hereinafter prescribed to the academic institution or agency, or Secretary of State for designation of a (3) A “teacher”, for the purpose of program under its sponsorship as an teaching in established primary or sec"Exchange-Visitor Program.”

ondary schools, or established schools (c) As used in this part, the term offering specialized instruction, or "Exchange-Visitor Program” means a (4) A “professor”, for the purpose of program of a sponsor designed to pro- teaching or conducting advanced remote interchange of persons, knowledge search, or both, in an established instiand skills, and the interchange of de- tution of higher learning, or velopments in the field of education, the (5) A “specialist”, for the purpose of arts and sciences, and concerned with observation, consultation, research or one or more categories of participants training or the sharing or demonstrating as defined in paragraph (h) of this sec- of specialized knowledge or skill, or tion, which has been designated as such (6) A “research assistant”, for the by the Secretary of State, and in actual purpose of undertaking or participating

in research under the supervisor of the project, or

(7) A "leader”, for the purpose of high-level observation or consultation, advanced research or sharing of highly specialized knowledge or skills, or

(8) An "observer”, for the purpose of participating in organized people-topeople programs of orientation, observation, or tourism.

(i) As used in this part, the term "immediate family" means the alien spouse and minor children of a participant who are accompanying or following to join him, and who are seeking to enter or have entered the United States temporarily on a J-2 visa or are seeking to acquire or have acquired such status after admission. $ 63.2 Application for Exchange-Visitor

Program designation. (a) Any sponsor may apply to the Secretary for designation of a program under its sponsorship as an ExchangeVisitor Program. Such application shall be made on Form DSP-37 "ExchangeVisitor Program Application”. The application shall be completed in all details and shall be submitted to the Secretary.

(b) Each sponsor shall assume, inter alia, in the application, the obligation to:

(1) Notify the District Director of the Immigration and Naturalization Service having administrative jurisdiction over the participant's place of temporary residence when (i) a participant is scheduled to transfer to another ExchangeVisitor Program, or (ii) a participant has ceased to engage in the activity for which

admitted and to maintain exchange-visitor status.

(2) Instruct any participant requiring a temporary extension of stay to apply to the Immigration and Naturalization Service between 15 and 30 days before the expiration of the participant's stay and provide the participant requiring the extension with a Form DSP-66 showing the period and terms of the extension desired.

(3) Provide any participant proposing to transfer to another Exchange-Visitor Program with a Form DSP-66 releasing him from the sponsor's program, but only if the releasing sponsor considers further Exchange-Visitor Program participation necessary or desirable. (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)

$ 63.3

Action on application for Exchange-Visitor Program designation. (a) Evidence. An application for program designation on Form DSP-37 submitted to the Secretary shall be examined to ascertain the adequacy of the information furnished. If sufficient information has not been furnished, the sponsor shall be requested to supply information in which the application is deficient. In addition to the information furnished on Form DSP-37, the Secretary may require a sponsor to present any evidence of a documentary nature, such as program reports, institutional catalogues, letters of recognition, 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.

he was

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 Exchange-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

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. (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:

of

(1) Participants:
(i) Graduate nurses—two years.

(ii) Doctors of medicine-five years for internships and residencies.

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