[Federal Register Volume 88, Number 65 (Wednesday, April 5, 2023)]
[Notices]
[Pages 20202-20203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07021]


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DEPARTMENT OF STATE

[Public Notice 11871]


Exchange Visitor Program

ACTION: Notice of Temporary Waiver and Modification of Certain 
Regulatory Requirements.

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SUMMARY: In accordance with the General Provisions of the Exchange 
Visitor Program regulations, the Department's Assistant Secretary for 
Educational and Cultural Affairs waives and modifies certain regulatory 
requirements with respect to a temporary educational and cultural 
exchange program established pursuant to an arrangement between the 
Government of the United States of America and the Government of 
Ukraine. This arrangement allows the Department to extend Special 
Student Relief to eligible Ukrainian students in the United States on 
J-1 visas to help mitigate the adverse impact on them resulting from 
the full-scale Russian invasion of Ukraine that began on February 24, 
2022.

DATES: This action was effective on August 18, 2022, and will remain in 
effect until October 23, 2023, unless the U.S. Government unilaterally 
ends the arrangement early or the U.S. Government and the Government of 
Ukraine together extend its termination date. The Department will 
publish a document in the Federal Register if the termination date is 
changed.

FOR FURTHER INFORMATION CONTACT: Nicole Elkon, Deputy Assistant 
Secretary, Private Sector Exchange at 2200 C Street NW, SA-5, 5th 
Floor, Washington, DC 20522 or via email at [email protected]. or 
phone (2020 826-4364.

[[Page 20203]]


SUPPLEMENTARY INFORMATION: On February 24, 2022, Russian military 
forces invaded Ukraine, resulting in the destruction of infrastructure 
and the disruption of daily life. Many exchange visitors from Ukraine 
dependent upon financial support originating in their home country have 
limited or no access to funds. Others may have difficulty returning 
home. To ameliorate hardship arising from lack of financial support and 
to facilitate these students' continued studies in the United States, 
in accordance with the Exchange Visitor Program Regulations, located in 
22 CFR part 62, the Department's Assistant Secretary for Educational 
and Cultural Affairs has waived and/or modified certain provisions in 
Sec.  62.23 with respect to an educational and cultural exchange 
program established pursuant to an arrangement between the Government 
of the United States of America and the Government of Ukraine. The 
Department is establishing this temporary program to offer ``Special 
Student Relief'' to eligible Ukrainian exchange visitors in the College 
and University category. As described in detail below and with respect 
to Special Student Relief for eligible Ukrainian students, the 
Department temporarily waives and/or modifies the application of 
selected portions of the following sections of regulations governing 
the College and University Student category of the Exchange Visitor 
Program: Full Course of Study (Sec.  62.23(e)), Student Employment 
(Sec.  62.23(g), and Duration (Sec.  62.23(h)).
    Individuals eligible for Special Student Relief, like those 
eligible for Temporary Protective Status (TPS), must have continuously 
resided in the United States since April 11, 2022. Special Student 
Relief with respect to program status and employment for J-1 Ukrainian 
students does not apply to Federal Work-Study jobs.
    Regulations at Sec.  62.23(e) enumerate the circumstances under 
which students (except student interns) are exempt from the ``full 
course of study'' requirement as defined in Sec.  62.2. Because those 
circumstances do not include exigent circumstances such as war as an 
articulated exemption from the full course of study requirement, the 
Department temporarily waives Sec.  62.23(e) for eligible Ukrainian 
students.
    Regulations at Sec.  62.23(g) enumerate the conditions that 
students (except student interns) must meet to engage in employment. 
With respect to Special Student Relief, the Department temporarily 
waives all subsections of Sec.  62.23(g) except (g)(2)(i) and (iv). By 
retaining Sec.  62.23(g)(2)(i), Ukrainian students are required to 
remain in good academic standing at the post-secondary accredited 
academic institutions at which they are registered. By modifying Sec.  
62.23(g)(2)(iv), sponsors may grant advanced, written employment 
approval to last beyond the twelve months that the provision currently 
allows, i.e., for the duration of the arrangement between the United 
States and Ukraine. Waiver and modification of these provisions allow 
eligible Ukrainian students to work on- or off-campus, for more than 20 
hours a week, and for longer than twelve months.
    Regulations at Sec.  62.23(h) enumerate the conditions that 
exchange visitors must meet to retain their authorization to 
participate in the Exchange Visitor Program. For purposes of Special 
Student Relief, the Department modifies Sec.  62.23(h)(1)(i)(A) to 
allow eligible Ukrainian students to pursue course work equivalent to 
half of the full course of study requirement as defined in Sec.  62.2 
and further explained in paragraph (e) of Sec.  62.23. The Department 
similarly modifies Sec.  62.23(h)(2)(i)(A) to allow eligible Ukrainian 
students to participate half-time in a prescribed course of study. In 
other words, degree-seeking students may limit their course work to 
half of their academic institutions' definition of a full-course of 
study. Similarly, non-degree-seeking students may reduce participation 
in their academic programs from full- to part-time.
    The Department notes that the establishment of Special Student 
Relief does not alter the rules and requirements of accredited academic 
institutions. If, for example, an institution does not allow part-time 
participation in non-degree academic programs, students must negotiate 
flexible conditions with their institutions to overcome such rules and 
requirements. The temporary waiver and modification of Exchange Visitor 
Program regulations only address conditions that eligible Ukrainian 
exchange visitors must meet to be in status and comply with Exchange 
Visitor Program eligibility requirements.
    Responsible Officers of academic institutions may authorize Special 
Student Relief for college and university students in J-1 status whose 
means of financial support from Ukraine has been disrupted, reduced, or 
eliminated due to the Russian invasion if they have continuously 
resided in the United States since April 11, 2022, and meet the reduced 
course load requirements set forth above. To authorize on-campus or 
off-campus employment for these students, Responsible Officers should 
update the students' records in the Student and Exchange Visitor 
Information System (SEVIS) by notating the following text in the 
``Remarks'' field: ``Special Student Relief work authorization granted 
until October 19, 2023.'' To authorize a reduced course load due to 
such employment, Responsible Officers should also notate the 
``Comment'' field in the SEVIS record with the following text: 
``reduced course load authorized.'' Responsible Officers should monitor 
students at the start of each term to confirm that students seeking to 
reduce their course loads intend to work more than 20 hours a week or 
that students who availed themselves of reduced course loads intend to 
continue to work more than 20 hours a week.
    If the arrangement between the United States and Ukraine is 
terminated early or extended, Responsible Officers should update the 
Remarks field accordingly. Exchange visitors participating according to 
the waived and/or modified provisions at the time the arrangement ends 
may continue their current employment and course load through the end 
of the academic term during which the arrangement ends.

Lee Satterfield,
Assistant Secretary, Bureau of Educational and Cultural Affairs, 
Department of State.
[FR Doc. 2023-07021 Filed 4-4-23; 8:45 am]
BILLING CODE 4710-05-P