[Federal Register Volume 64, Number 156 (Friday, August 13, 1999)]
[Rules and Regulations]
[Pages 44123-44128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20783]


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UNITED STATES INFORMATION AGENCY

22 CFR Part 514


Reinstatement of Exchange Visitors Who Fail To Maintain Valid 
Program Status

AGENCY: United States Information Agency.

ACTION: Interim Final Rule with request for comments.

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SUMMARY: This is an Interim Final Rule with request for comments being 
made by the United States Information Agency (hereinafter ``the 
Agency''). The rule will amend the Agency's Exchange Visitor Program 
regulations regarding reinstatement of J-1 exchange visitors to valid 
program status. This Interim Final Rule supersedes the Agency's 
Statement of Policy which was published in the Federal Register on 
April 24, 1997.

EFFECTIVE DATE: This Interim Final Rule is effective on August 13, 
1999. Comments regarding this rulemaking will be accepted until 
September 13, 1999.

ADDRESSES: United States Information Agency, Office of the General 
Counsel, 301 Fourth Street, SW, Room 700, Washington, DC 20547-0001.

FOR FURTHER INFORMATION CONTACT: Lorie J. Nierenberg, Office of the 
General Counsel, United States Informaiton Agency, 301 Fourth Street, 
SW, Washington, DC 20547; telephone (202) 619-6084.


[[Page 44124]]


SUPPLEMENTARY INFORMATION: While it is not the responsibility of the 
sponor to ensure that the exchange visitor timely departs the U.S., the 
Exchange Visitor Program regulations do require that a sponsor monitor 
its participating exchange visitors [22 CFR 514.10(e)]. Among other 
things, the sponsor must ensure that the activity in which the exchange 
visitor is engaged is consistent with the category and activity listed 
on the exchange visitor's Form IAP-66 [22 CFR 514.10(e)(1)]. The 
sponsor must also monitor the progress and welfare of the exchange 
visitor to the extent appropriate for the category [22 CFR 
514.10(e)(2)]. Finally, the sponsor must require the exchange visitor 
to keep the sponsor apprised of his or her address and telephone 
number, and maintain such information [22 CFR 514.10(e)(3)].
    The Agency believes that the monitoring requirements set forth in 
the existing Exchange Visitor Program regulations illuminate the 
sponsor's general obligation to monitor the exchange visitor's Form 
IAP-66 to ensure that such form accurately reflects the activities and 
the program dates of the exchange visitor and that the exchange visitor 
is advised of the limitations on his or her activities and authorized 
stay in the United States (Existing regulations also explicitly require 
the sponsor to notify the Agency in writing when the exchange visitor 
has withdrawn from or completed a program thirty or more days prior to 
the ending date on his or her Form IAP-66 or when the exchange visitor 
has been terminated from his or her program [22 CFR 514.13(c)].)
    One of the purposes of the Fulbright-Hays Act is to increase mutual 
understanding between the people of the United States and the people of 
other countries by means of educational and cultural exchanges. When 
Congress enacted that Act, it amended the Immigration and Nationality 
Act by adding a new nonimmigrant visa category--the J visa--to be used 
solely for educational and cultural exchanges. Exchange visitors who 
come to the United States on the J visa come here as participants in 
exchange programs designated by the Director of the Agency. While the 
Agency has a programmatic role with respect to designating and 
monitoring programs in which exchange visitors will participate while 
in the United States on the J visa, it does not administer or enforce 
the provisions of the Immigration and Nationality Act, as amended. 
Administration and enforcement of that Act is solely under the 
jurisdiction of the Immigration and Naturalization Service (``the 
Service''). Oversight of the exchange visitor's program status is 
administered by the Agency, but the terms and conditions of the 
exchange visitor's nonimmigrant status are administered by the Service. 
Thus, responsible officers and exchange visitors must be aware that 
failure to maintain valid J-1 program status may at the same time be a 
failure to maintain valid immigration status, which may result in 
serious adverse consequences for an exchange visitor by operation of 
immigration law. Where there has been a failure to maintain valid 
immigration status, the Agency's reinstatement to valid program status 
does not serve as a reinstatement to valid immigration status.
    Similarly, there may be instances where an exchange visitor may 
fail to maintain both valid nonimmigrant status and valid program 
status. For example, the Agency has been advised that a soon to be 
promulgated Service regulation will establish that a J-1 exchange 
visitor will be deemed to have failed to maintain valid nonimmigrant 
status and valid J-1 program status if the exchange visitor fails to 
pay the fee mandated by Public Law 104-208 (the ``CIPRIS'' fee). At the 
same time, failure to pay the fee would preclude reinstatement to valid 
J-1 program status under this interim final rule; i.e., reinstatement 
to valid program status could not be made until the fee is paid.
    The Agency acknowledges that most program participants do not 
knowingly or wilfully engage in practices that would jeopardize their 
status in the United States. However, the Agency is aware that on 
occasion, whether through circumstances beyond the control of the 
exchange visitor or through administrative oversight, inadvertence, or 
neglect on the part of a Responsible Officer or an exchange visitor, or 
both, the exchange visitor may fail to maintain valid program status.
    The Agency believes that the above principles apply to the subject 
of this rulemaking: Reinstatement to valid program status. Valid 
program status, in turn, relates directly to the concept of ``duration 
of participation in an exchange visitor program.'' With one exception, 
the Exchange Visitor Program regulations establish a duration of 
participation for each specific program category. [Exchange visitors in 
the ``college and university student'' category have no fixed duration 
of participation as long as they meet certain requirements. See 22 CFR 
514.23(h)]. Those limits to duration of participation were not set 
forth in the Mutual Educational and Cultural Exchange Act of 1961 (the 
Fulbright-Hays Act) that established the Exchange Visitor Program and 
created the J visa as part of the Immigration and Naturalization Act. 
Nevertheless, the vision of the authors of that legislation was that 
scholars, professors, trainees, and the other caregories of exchange 
visitors mentioned in the Act would come to the United States, 
accomplish the objective for which they came, and then return to their 
home country to share their new knowledge and skills with their 
countrymen. That vision would be frustrated and undermined if there 
were no finite limit on the period of time in which exchange visitors 
could remain in the United States. Moreover, the Agency believes that 
greatly extended periods of stay here tend to cause a closer 
identification with the United States and tend to work against the 
exchange visitor's eventual return home and completion of the desired 
``exchange.''
    Thus, the Exchange Visitor Program regulations impose limits on the 
duration of participation that vary from category to category in 
recognition of the fact that some categories require longer stays than 
others. (In some cases, the language in the sponsor's designation 
letter provides for less than the maximum duration of stay for program 
participation for that particular category.) When the Agency fails to 
require strict adherence to the established durations of participation, 
for example, by tolerating or enabling the exchange visitor to fail to 
maintain valid program status or otherwise remain in the United States 
beyond the expiration of thirty days after the end date of the exchange 
visitor's Form IAP-66, the Agency believes that it is departing from 
the intent of the Fulbright-Hays Act and the immigration laws of the 
United States. Moreover, remaining in the United States more than 
thirty days beyond the end date on the exchange visitor's Form IAP-66 
will pace the exchange visitor in jeopardy of violating laws and 
regulations enforced by the Service.
    The Agency recognizes that some exchange visitors commit minor or 
technical infractions of the Exchange Visitor Program regulations 
through sheer inadvertence or excusable neglect. The Agency is of the 
view that these minor or technical regulations do not constitute a 
failure to maintain valid J-1 program status. Under this Interim Final 
Rule, such minor or technical infractions may be corrected by the 
responsible Officer and an application for reinstatement need not be 
submitted to the Agency. The Responsible Officer's correction of a 
minor or technical infraction returns the exchange visitor

[[Page 44125]]

to the status quo ante, i.e., it is as if the minor or technical 
infraction never occurred.
    The Interim Final Rule provides examples of minor or technical 
infractions. Nevertheless, it is impossible to foresee and list all 
possible such infractions. Thus, the Interim Final Rule establishes 
several criteria to guide the Responsible Officer in determining 
whether the infraction is a minor or technical one. If there is any 
question in the mind of the Responsible Officer as to whether the 
infraction is a minor or a substantive one, the Interim Final Rule 
requires that the Responsible Officer apply to the Agency for 
reinstatement on behalf of the exchange visitor.
    The Exchange Visitor Program regulations, which appear at 22 CFR 
Part 514, do not include a regulation or reinstatement to valid program 
status. On April 24, 1997, the Agency published a Statement of Policy 
on reinstatement which was to be followed until a formal rulemaking was 
promulgated. 62 FR 19925. The Interim Rule supersedes and replaces the 
April 24, 1997 Statement of Policy. The Interim Rule establishes two 
categories with respect to reinstatement for failure to maintain valid 
program status: (1) those cases wherein a substantive violation of the 
regulations has occurred and which require application to the Agency 
for reinstatement; and, (2) those cases in which reinstatement will not 
be granted under any circumstances. For those cases identified in item 
1 above, exchange visitors must provide evidence that they have at all 
times continued, or maintained an intent to continue, their program 
objective.
    (1) Substantive violations or infractions of the regulations. The 
Interim Final Rule lists two violations which the Agency considers to 
be substantive violations or infractions of the regulations. If the 
Responsible Officer determines that the violation does not fit within 
one of the two listed violations, then the violation is either a 
technical violation which can be addressed by the Responsible Officer 
on his or her own initiative, or it is one of the violations for which 
reinstatement cannot be obtained.
    While this Interim Rule on reinstatement for substantive violations 
fairly tracks the April 24, 1997 Statement of Policy, two additional 
exceptions follow. The Interim Final Rule requires the Responsible 
Officer, on behalf of the exchange visitor, to carry the burden of 
persuasion by demonstrating that the exchange visitor failed to 
maintain valid program status for less than 120 calendar days beyond 
the end date on the Form IAP-66, was pursuing or maintained an intent 
to pursue his or her original program objective, and (1) that the 
violation of status resulted from circumstances beyond the control of 
the exchange visitor or from administrative oversight, inadvertence, or 
neglect on the part of the Responsible Officer or the exchange visitor 
or (2) that the failure to receive reinstatement to valid program 
status would result in an unusual hardship to the exchange visitor. The 
Agency considers an unusual hardship to be a hardship that would not 
normally be expected to result from a failure to obtain reinstatement. 
For example, if an exchange visitor fails to maintain valid program 
status and, if denied reinstatement, must pay for a return airline 
ticket to his or her home country, the level of hardship would not be 
considered unusual. By contrast, if an exchange visitor doctoral 
candidate is in the final semester of a seven-year degree program and 
fails to maintain valid program status, the Agency would consider it an 
unusual hardship to be denied the opportunity to complete the final 
semester and obtain the doctoral degree. (This rulemaking changes the 
April 25, 1997 Statement of Policy. The latter required that in all 
cases both tests be met and, in addition, required a showing of 
unwarranted hardship, as opposed to unusual hardship.)
    In addition, if the failure to maintain valid program status was 
equal to or more than 120 calendar days duration, then the Responsible 
Officer, on behalf of the exchange visitor, must demonstrate to the 
Agency that both tests are met, i.e., (1) that the violation of status 
resulted from circumstances beyond the control of the exchange visitor 
or from administrative delay or oversight, inadvertence, or neglect on 
the part of the Responsible Officer or the exchange visitor, and (2) 
that the failure to receive reinstatement to program status would 
result in unusual hardship to the exchange visitor.
    Pursuant to this Interim Final Rule, where there has been a 
substantive violation or infraction of the regulations, the agency will 
consider reinstating to valid program status a J-1 exchange visitor who 
makes a request for reinstatement through his or her Responsible 
Officer. In such cases, the Responsible Officer is to direct a letter 
to the Exchange Visitor Program Services office containing a 
declaration from the Responsible Officer together with information 
demonstrating that the exchange visitor is pursuing or has at all time 
maintained an intent to pursue the original exchange program activity 
for which the exchange visitor was admitted to the United States, along 
with documentary evidence supporting the declaration. The declaration 
should also explain (1) why and how the violation of program status 
resulted from circumstances beyond the control of the Responsible 
Officer or the exchange visitor or from administrative delay or 
oversight inadvertence, or neglect on the part of the Responsible 
Office or the exchange visitor, or (2) why and how failure to receive 
reinstatement to valid program status would result in unusual hardship 
to the exchange visitor. (As stated above, both test must be met if the 
exchange visitor failed to maintain valid program status for 120 or 
more calendar days.) The Agency expects the Responsible Officer to make 
reasonable inquiries to verify that the information supporting the 
application for reinstatement is true, particularly with respect to the 
declaration that the exchange visitor is pursuing or was at all times 
intending to pursue the original exchange program activity for which 
the exchange visitor was admitted to the United States.
    The request for reinstatement also is to include copies of all of 
the exchange visitor's Forms IAP-66 issued to date and a new completed 
Form IAP-66, indicating in Block 3 the date for which reinstatement is 
sought (namely, the new program end date). The new Form IAP-66 
submitted to the Agency is to include all copies, including the green 
copy for the exchange visitor. The Form IAP-66 is to be prepared in the 
same manner as is done for an Extension of Program (Sec. 514.43), 
Transfer of Program (Sec. 514.42), or Change of Category (Sec. 514.41). 
In addition to marking ``Extend an ongoing program,'' ``Transfer to a 
different program,'' or ``Begin a new program'' in the ``Purpose'' box 
located in the Form's upper right hand corner, also mark 
``Reinstatement Request'' in the ``Purpose'' box. If the older ``E'' 
series Form IAP-66 is still being used, type in the words 
``Reinstatement Request'' in the ``Purpose'' box.
    If the Agency determines that reinstatement is warranted, Box 6 on 
the new Form IAP-66 will be stamped, dated, and signed by the Agency to 
indicate that reinstatement has been granted. The effective date of the 
reinstatement will be the date on which the application for 
reinstatement was received by the Agency.
    The Agency has consulted with the Service with respect to the date 
on which reinstatements are to be made effective. The Agency had 
considered making the reinstatement effective nunc pro tunc, i.e., 
effective on the date on which the exchange visitor first failed to

[[Page 44126]]

maintain valid program status. However, the Service has raised concerns 
that the agency's nunc pro tunc reinstatement provisions may be 
inconsistent with the Service's forthcoming F-1 (Student) regulations. 
In order to ensure regulatory consistency, the Agency has decided to 
make its reinstatement regulation mirror the Service's with respect to 
the date on which reinstatement is effective. The exchange community 
has voiced concern that the Agency's failure to make reinstatement 
effective nunc pro tunc will create a time gap wherein the exchange 
visitor might be deemed to have failed to maintain valid nonimmigrant 
status for a period of time, thus triggering the ``unlawful presence'' 
sanctions provided in the Illegal Immigration Reform And Immigrant 
Responsibility Act of 1996 (IIRAIRA). However, based on the Service's 
current interpretation of ``unlawful presence'' of nonimmigrants 
admitted for ``duration of status'' (D/S), the Agency remains convinced 
that the ``gap'' will not result in any prejudice to the exchange 
visitor. Should the Service alter its interpretation of ``unlawful 
presence,'' the Agency will revisit this issue.
    The new Form IAP-66 (minus the yellow copy) will be returned to the 
Responsible Officer. An Agency decision denying reinstatement is not 
appealable.
    2. Non-reinstatable violations. The Interim Final Rule list six 
violations or other conditions which preclude reinstatement. These 
include instances: (1) when the exchange visitor willfully fails to 
maintain the health and accident insurance required under 22 CFR 
514.14; (2) when the exchange visitor has engaged in employment not 
authorized by the Exchange Visitor Program's or the Service's 
regulations; (3) when the exchange visitor has been suspended or 
terminated from the most recent exchange visitor program; (4) when the 
exchange visitor has failed to maintain valid program status for more 
than 270 days; (5) when the exchange visitor has received a favorable 
recommendation from the Agency on an application of waiver of section 
212(e) of the Immigration and Nationality Act (the two-year home 
residency requirement;) or, (6) when the exchange visitor has failed to 
pay the fee mandated by Public Law 104-208 (the ``CIPRIS'' fee). Note: 
The overwhelming majority of exchange visitors fall in the ``college 
and university student'' category. The Agency has decided on the 270-
day outer limit, not because that number has any relevance to time 
periods set forth in the immigration laws. Rather, 270 days is the 
average length of an academic year, and it is the Agency's view that 
the failure to maintain valid program status for the equivalent of one 
academic year cannot arguably be considered to have been caused by 
circumstances beyond the control of the exchange visitor or by 
administrative delay or oversight, inadvertence or neglect. Moreover, 
the failure to maintain valid program status for more than 270 days 
presumptively demonstrates a failure to maintain an interest in 
continuing the exchange visitor's original program objective.

Comments

    The Agency invites comments on this Interim Final Rule from all 
interested parties, notwithstanding the fact that it is under no legal 
obligation to do so. The oversight and administration of the Exchange 
Visitor Program are deemed to be foreign affairs functions of the 
United States Government. The Administrative Procedure Act, 5 U.S.C. 
553(a)(1) (1989) specifically exempts foreign affairs functions from 
the rulemaking requirements of the Act.
    The Agency will accept comments for 30 days following publication 
of this Interim Final Rule in the Federal Register. A final rule will 
be adopted upon Agency review of all comments received. Comments should 
be mailed to the address listed above.
    In accordance with 5 U.S.C. 605(b), the Agency certifies that this 
rule does not have a significant adverse economic impact on a 
substantial number of small entities. This rule is not considered to be 
a significant regulatory action within the meaning of section 3(f) of 
Executive Order 12866, nor does this rule have Federalism implications 
warranting the preparation of a Federalism Assessment in accordance 
with Executive Order 12612.

List of Subjects in 22 CFR Part 514

    Cultural exchange programs.

    Dated: August 6, 1999.
Les Jin,
General Counsel.

    Accordingly, 22 CFR part 514 is amended as follows:

PART 514--EXCHANGE

    1. The authority citation for part 514 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; Reorganization Plan No. 2 of 1977, 3 CFR Comp. 
P. 200; E.O. 12048 of March 27, 1978, 3 CFR, 1978 Comp. P. 168.

    2. Section 514.45 is added to read as follows:


Sec. 514.45  Reinstatement to valid program status.

    (a) Definitions. For purpose of this section--
    You means the Responsible Officer or Alternate Responsible Officer;
    Exchange visitor means the person who enters the United States on a 
J visa in order to participate in an exchange program designated by the 
Director of the United States Information Agency.
    Fails or failed maintain valid program status means the status of 
an exchange visitor who has completed, concluded, ceased, interrupted, 
graduated from, or otherwise terminated the exchange visitor's 
participation in the exchange program, or who remains in the United 
States beyond the end date on the exchange visitor's current Form IAP-
66.
    Unauthorized employment means any employment not properly 
authorized by you or by the Attorney General, i.e., the Immigration and 
Naturalization Service, prior to commencement of employment. 
Unauthorized employment does not include activities that are normally 
approvable, as described in paragraph (c)(3) of this section.
    We, our, or us means the office of Exchange Visitor Program 
Services of the United States Information Agency.
    (b) Who is authorized to correct minor or technical infractions of 
the Exchange Visitor Program regulations? (1) If the exchange visitor 
committed a technical or minor infraction of the regulations, you are 
authorized to correct the exchange visitor's records with respect to 
such technical or minor infractions of the regulations in this part. 
Your correction of such an infraction(s) returns the exchange visitor 
to the status quo ante, i.e., it is as if the infraction never 
occurred.
    (2) You may only correct the exchange visitor's record with respect 
to a technical or minor infraction of the regulations in this part if 
the exchange visitor is pursuing or intending to pursue the exchange 
visitor's original program objective.
    (3) You may not correct the exchange visitor's records with respect 
to a technical or minor infraction of the regulations in this part if 
the exchange visitor has willfully failed to maintain insurance 
coverage during the period for which the record is being corrected; if 
the exchange visitor has engaged in unauthorized employment during that 
period, as defined in paragraph (a) of this section, of if the exchange 
visitor was involuntarily suspended or terminated from his or her 
program during the period.
    (4) If the exchange visitor has failed to maintain valid program 
status because of a substantive violation of the

[[Page 44127]]

regulations in this part, you must apply to us for reinstatement.
    (c) What violations or infractions of the regulations in this part 
do we consider to be technical or minor ones, and how do you correct 
the record? We consider the following to be examples of technical or 
minor infractions which you are authorized to correct:
    (1) Failure to extend the Form IAP-66 in a timely manner (i.e., 
prior to the end date on the current Form IAP-66) due to inadvertence 
or neglect on your part or on the part of the exchange visitor.
    (2) Failure on the part of the exchange visitor to conclude a 
transfer of program prior to the end date on the current Form IAP-66 
due to administrative delay or oversight, inadvertence or neglect on 
your part or on the part of the exchange visitor;
    (3) Failure to receive your prior approval and/or an amended Form 
IAP-66 before accepting an honorarium or other type of payment for 
engaging in a normally approvable and appropriate activity. Example, a 
lecture, consultation, or other activity appropriate to the category 
which is provided by a professor, research scholar, short-term scholar 
or specialist without prior approval or an amended Form IAP-66 issued 
prior to the occurrence of the activity.
    (4) You correct the record status quo ante by issuing a Form IAP-66 
or by writing an authorization letter to reflect the continuity in the 
program or the permission to engage in the activity that a timely 
issued document would have reflected.
    (i) Forms IAP-66 should be:
    (A) Issued to show continued authorized stay without interruption;
    (B) Marked in the ``purpose'' box with the appropriate purpose 
(i.e., extension, transfer, etc.) and with the additional notation of 
``correct the record'' typed in;
    (C) Dated as of the date the Form was actually executed; and,
    (D) Submitted to the Agency in the same way as any other 
notification.
    (ii) Letters or other authorization documents should be:
    (A) Issued according to the regulations in this part appropriate to 
the category and the activity;
    (B) Marked or annotated to show ``correct the record,''
    (C) Dated as of the date the letter or document was actually 
executed; and,
    (D) Attached to the exchange visitor's Form IAP-66 and/or retained 
in the sponsor's file as required by the regulations in this part for 
that particular type of letter or document.
    (d) How do you determine if an infraction, other than those 
examples listed above is a technical or minor infraction? It is 
impossible to list every example of a technical or minor infraction. To 
guide you in making a determination, you are to examine the following 
criteria:
    (1) Regardless of the reason, has the exchange visitor failed to 
maintain valid program status for more than 120 calendar days after the 
end date on the current Form IAP-66?
    (2) Has the exchange visitor, by his or her actions, failed to 
maintain, at all relevant times, his or her original program objective?
    (3) Has the exchange visitor willfully failed to comply with our 
insurance coverage requirements (Sec. 514.14)?
    (4) Has the exchange visitor engaged in unauthorized employment, as 
that term is defined in paragraph (a) of this section?
    (5) Has the exchange visitor category been involuntarily suspended 
or terminated from his or her program?
    (6) Has an exchange visitor in the student category failed to 
maintain a full course of study (as defined in Sec. 514.2) without 
prior consultation with you and the exchange visitor's academic 
advisor?
    (7) Has the exchange visitor failed to pay the fee mandated by 
Public Law 104-208 (the ``CIPRIS'' fee)?
    (8) If the answer to any of the above questions is ``yes,'' then 
the infraction is not a technical or minor one and you are not 
authorized to reinstate the exchange visitor to valid program status.
    (e) Which violations or infractions do we consider to be 
substantive ones requiring you to apply to us for reinstatement? The 
following are substantive violations or infractions of the regulations 
in this part by the exchange visitor which require you to apply to us 
for reinstatement to valid program status:
    (1) Failure to maintain valid program status for more than 120 days 
after the end date on the current Form IAP-66;
    (2) If a student, failure to maintain a full course of study (as 
defined in Sec. 514.2) without prior consultation with you and the 
exchange visitor's academic advisor.
    (f) Which, if any, violations of the regulations in this part or 
other conditions preclude reinstatement and will result in a denial if 
application is made? We will not consider requests for reinstatement 
(nor should you) when an exchange visitor has:
    (1) Knowingly or willfully failed to obtain or maintain the 
required health insurance (Sec. 514.14) at all times while in the 
United States;
    (2) Engaged in unauthorized employment, as that term is defined in 
paragraph (a) of this section;
    (3) Been suspended or terminated from the most recent exchange 
visitor program;
    (4) Failed to maintain valid program status for more than 270 
calendar days;
    (5) Received a favorable recommendation from the Agency on an 
application for waiver of section 212(e) of the Immigration and 
Nationality Act [8 U.S.C. 1182(e)]; or,
    (6) Failed to pay the fee mandated by Public Law 104-208 (the 
``CIPRIS'' fee.)
    (g) What if you cannot determine which category (technical, 
substantive, or non-reinstatable) the violation or infraction falls 
within? If you cannot determine which category the violation or 
condition falls within, then you must, on behalf of the exchange 
visitor, apply to us for reinstatement.
    (h) If you determine that the exchange visitor's violation of the 
regulations in this part is a substantive one, how do you apply for a 
reinstatement to valid program status? (1) If you determine that the 
violation of the regulations in this part is a substantive one, and 
that the exchange visitor has failed to maintain valid program status 
for 120 days or less, you must apply to us for reinstatement of the 
exchange visitor to valid program status. Your application must 
include:
    (i) All copies of the exchange visitor's Forms IAP-66 issued to 
date;
    (ii) A new, completed Form IAP-66, showing in Block 3 the date of 
the period for which reinstatement is sought, i.e., the new program end 
date;
    (iii) A copy of the receipt showing that the Public Law 104-208 fee 
has been paid; and,
    (iv) A written statement (and documentary information supporting 
such statement):
    (A) Declaring that the exchange visitor is pursuing or was at all 
times intending to pursue the original exchange visitor program 
activity for which the exchange visitor was admitted to the United 
States; and,
    (B) Showing that the exchange visitor failed to maintain valid 
program status due to circumstances beyond the control of the exchange 
visitor, or from administrative delay or oversight, inadvertence, or 
excusable neglect on your part or the exchange visitor's part; or,
    (C) Showing that it would be an unusual hardship to the exchange 
visitor if we do not grant the reinstatement to valid program status.
    (2) If you determine that the violation of the regulations is a 
substantive one, and that the exchange visitor has failed to maintain 
valid program status for more than 120 days, then you must apply to us 
for reinstatement of the

[[Page 44128]]

exchange visitor to valid program status. Your application must 
include:
    (i) Copies of all the exchange visitor's Forms IAP-66 issued to 
date;
    (ii) A new, completed Form IAP-66, showing in Block 3 the date for 
which reinstatement is sought, i.e., the new program end date;
    (iii) A copy of the receipt showing that the Pub. L. 104-208 fee 
has been paid; and,
    (iv) A written statement (together with documentary evidence 
supporting such statement):
    (A) Declaring that the exchange visitor is pursuing or was at all 
times intending to pursue the exchange visitor program activity for 
which the exchange visitor was admitted to the United States; and,
    (B) Showing that the exchange visitor failed to maintain valid 
program status due to circumstances beyond the control of the exchange 
visitor, or from administrative delay or oversight, inadvertence, or 
excusable neglect on your part or the exchange visitor's part; and,
    (C) Showing that it would be an unusual hardship to the exchange 
visitor if we do not grant the reinstatement to valid program status.
    (i) How will we notify you of our decision on your request for 
reinstatement? (1) If we deny your request for reinstatement, we will 
notify you by letter.
    (2) If we approve your request for reinstatement, we will notify 
you:
    (i) By stamping Box 6 on the new Form IAP-66 to show that 
reinstatement was granted, effective as of the date on which the 
application for reinstatement was received by the Exchange Visitor 
Program Services office; and
    (ii) By returning the new Form IAP-66 for the exchange visitor.
    (j) How long will it take us to act on your request for 
reinstatement? We will act on your request for reinstatement within 
forty-five days from the date on which we receive the request and 
supporting documentation.
    (k) Are you required to notify us each time that you correct a 
record? No special notification is necessary. Submission of the 
notification copy of Form IAP-66 to the Agency serves as notice that a 
record has been corrected. Following the regulations in this part in 
issuing a letter or document serves as correction in the sponsor's file 
for those items not normally sent to the Agency under existing 
notification procedures.

[FR Doc. 99-20783 Filed 8-12-99; 8:45 am]
BILLING CODE 8230-01-M