[Federal Register Volume 89, Number 79 (Tuesday, April 23, 2024)]
[Rules and Regulations]
[Pages 30268-30272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08602]
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DEPARTMENT OF STATE
22 CFR Part 62
[Public Notice: 12342]
RIN 1400-AC36
Exchange Visitor Program--General Provisions
AGENCY: U.S. Department of State.
ACTION: Final rule.
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SUMMARY: On March 28, 2023, the U.S. Department of State (Department of
State) published in the Federal Register an interim final rule with
request for comment (2023 Interim Final Rule) for the Exchange Visitor
Program regulations that apply to sponsors the Department of State
designates to conduct international educational and cultural exchange
programs. In this final rule, the Department of State responds to
public comments submitted in response to the 2023 Interim Final Rule
and makes minor revisions to the regulations.
DATES: This rule is effective on May 23, 2024.
FOR FURTHER INFORMATION CONTACT: Rebecca Pasini, Deputy Assistant
Secretary of the Office of Private Sector Exchange at SA-5, 2200 C
Street NW, Washington, DC 20522 or via email at [email protected] or
phone at (202) 632-9327.
SUPPLEMENTARY INFORMATION: The 2023 Interim Final Rule, effective April
27, 2023 (88 FR 18249), allows sponsors to sign Forms DS-2019 using
digital signatures and to transmit Forms DS-2019 electronically to a
specified list of recipients. In this final rule, the Department of
State addresses the comments that parties submitted in response to the
2023 Interim Final Rule and makes minor revisions to the regulatory
language. Most of the 64 commenting parties addressed two topics:
sponsor preference for electronic signatures rather than digital
signatures, and the need for sponsors to electronically transmit Forms
DS-2019 directly to third parties acting on their behalf. After
consideration, the Department of State has retained the requirement for
digital signatures for signing Forms DS-2019, and it makes no changes
to the list of entities to which sponsors may transmit Forms DS-2019
electronically. However, this rule will modify the regulations at 22
CFR 62.12(c)(3) to allow third parties to retrieve Forms DS-2019
directly from sponsors' password-protected computer network systems
and/or databases. This modification allows third parties to retrieve
copies of digital Forms DS-2019 directly from sponsors that wish to
give them such access.
The Department of State also continues to permit sponsors to wet
sign and physically mail Forms DS-2019 to exchange visitors and/or
third parties. Sponsors that find the functionality of digital
signatures too burdensome or costly or wish to continue to send Forms
DS-2019 in bulk to third parties are not required to adopt the new
procedures.
In addition to commenting on the proposed regulations, many parties
submitted questions and/or requests for clarification. To the extent
such inquiries relate to this rulemaking, the Department of State will
address them herein. Otherwise, the Department of State recommends that
interested parties refer to J1visa.state.gov for more detailed guidance
and/or direct specific queries to the [email protected] or to one of
the category-specific email accounts.
Digital Versus Electronic Signatures
22 CFR 62.12(b)(2)(iii)
Seventeen of the parties submitting comments on the 2023 Interim
Final Rule addressed the Department of State's decision to allow
Responsible Officers and Alternate Responsible Officers (collectively,
Officers) to sign Forms DS-2019 with ``digital'' signature software as
opposed to the broader category of ``electronic'' signature software,
of which digital is a subset. These parties offered the following
reasons in support of their requests that the Department of State allow
electronic signatures: (1) the definition of ``digital software'' in
the 2023 Interim Final Rule is too vague for sponsors to know whether
their software selections meet regulatory requirements; (2) the
cryptographical requirements of digital software increase costs and
burdens; (3) the vetting of Officers and their limited access to the
Student and Exchange Visitor Information System (SEVIS) already provide
a high level of security; (4) wet-signed, printed, scanned, and
converted-to-portable document format (pdf) Forms DS-2019 are no more
or less secure than those signed with electronic signature software and
electronically transmitted; (5) it is cumbersome and costly for
sponsors with J and F programs to have two operating procedures; (6)
the Department of State already accepts electronic signatures on the
U.S. Department of Homeland Security's (DHS's) Forms I-20 (Certificate
of Eligibility for Nonimmigrant Student Status); and (7) the variety of
printed Forms DS-2019 (given different signature, printing, and paper
options) may confuse U.S. Government authorities who grant J visas,
determine admissibility and entry into the United States, or otherwise
review Forms DS-2019. The Department of State considered many of these
factors when it originally decided to require the higher level of
security that digital signatures offer, and it continues to believe
that the benefits of such security overcome the concerns of commenting
parties. It addresses each issue individually as follows:
Definition of digital signature. Seven commenting parties expressed
confusion over the Department of State's definition of ``digital
signature.'' Sponsors can utilize any digital signature software that
is an application of technology for cryptographically derived
signatures that is supported by a process such as a public key
infrastructure and that ensures meaningful authentication of the
identity of the signer and integrity of the document. Two examples are
DocuSign[supreg] and Adobe Acrobat[supreg] Sign, and there are numerous
other examples of digital signature technologies with which the public
may be familiar. In response to questions from commenting parties, the
Department of State identifies some examples of signatures that are not
considered digital for purposes of regulatory compliance: copied and
pasted signatures, signatures drawn via computer mouse, and typed
signatures. The Department of State continues to believe that sponsors
may consult either internal or external information technology experts
who can
[[Page 30269]]
readily confirm whether a particular software package offers the degree
of security necessary to differentiate digital signatures from other
types of electronic signatures, thereby meeting the new regulatory
requirements.
Increased costs and burdens. Nine commenting parties opined that
the implementation of digital signature software would be costly and
burdensome. The cost and complexity of implementing digital signature
capability varies within the sponsor community, based on many factors.
Some sponsors may find that it is not cost effective to implement
digital signature capability, and they may opt instead to continue with
business as usual (using wet signatures). Other sponsors may have
already implemented such capacity, allowing them to benefit from
reduced costs and burdens. By retaining the current methodologies while
introducing new options, the Department of State allows those sponsors
that do not wish to incur different costs or new burdens to maintain
their current operating procedures.
SEVIS access vetting provides sufficient security. One commenting
party stated that digital signatures were unnecessary since sufficient
security was provided by vetting Officers and requiring passwords to
access SEVIS. However, the process of signing and transmitting Forms
DS-2019 occurs outside of SEVIS, making credentialed access to SEVIS an
insufficient protection for these two functions.
Comparability of Electronic Signatures and Wet-Signed and Scanned
Signatures. Four commenting parties opined that wet-signed, printed,
scanned, and converted-to-pdf Forms DS-2019 offer similar security as
electronically signed and transmitted Forms DS-2019s. The Department of
State respectfully disagrees. If a fraud investigation involved a Form
DS-2019, the form would likely be returned to the sponsor to determine
whether a signature was legitimate. At the very least, wet-signed
documents--whether transmitted electronically or via mail--bear
signatures that are exclusive to a limited group of authorized and
vetted signatories. Although wet-signed signatures may be copied,
Officers can attest to the authenticity of their signatures and/or
whether they recall processing and signing forms that others may
suspect are fraudulent.
Visual review of forms signed with most electronic software,
however, would not offer any clues as to their legitimacy since most
electronic signatures lack both the personalization of wet signatures
and the encrypted traceability of digital signatures. For example,
electronic signatures may be typed names, typed names in italics, or a
signature made with a computer mouse, representations that are
difficult to verify as to their source. Further, the volume of forms
some Officers process would reduce the likelihood that they could
recognize a form as one that they, a coworker, or former employee
signed electronically.
Different treatment of Forms DS-2019 and Forms I-20 increases
burden and cost. Nine commenting parties expressed concern that having
to process Forms DS-2019 differently than Forms I-20 would increase
their burden and cost. Sponsors that processed both Forms DS-2019 and
Forms I-20 prior to publication of the 2023 Interim Final Rule already
followed two separate processes. Since sponsors may continue to print
and wet-sign Forms DS-2019, implementation of digital signature
software does not disrupt the status quo. That is, sponsors can
continue to conduct two processes, and they are not required to adopt a
potentially more costly alternative. Moreover, those sponsors that wish
to continue wet-signing Forms DS-2019 may now avail themselves of the
cost- and time-saving electronic transmission of such forms.
Department of State already accepts electronically signed Forms I-
20. Eight commenting parties stated that there was no reason for the
Department of State to use a different signing process than DHS
requires for Forms I-20. The Department of State and DHS have always
independently assessed the risks associated with their respective
international exchange programs, and whether electronic signatures
offer sufficient security for the Student and Exchange Visitor Program
(SEVP) has no bearing on the security requirements for Forms DS-2019.
The Department of State has promulgated specific regulations for the
Exchange Visitor Program based on its assessment of the risks
associated with the Program that may not apply to all SEVP activities.
In their comments, many sponsors sought the capability to transmit
Forms DS-2019 electronically to third parties acting on their behalf,
citing the important role third parties play in their exchange
programs. Although the Department of State continues to prohibit this
activity, it has modified the regulations at 22 CFR 62.12(c)(3) to
allow sponsors to permit third parties to retrieve copies of digital
Forms DS-2019 directly from sponsors' password-protected computer
networks and databases, at the sponsors' discretion. It is the
Department of State's understanding that the SEVP model does not
similarly engage foreign third parties, thereby significantly reducing
the need to ensure protection and authenticity of their forms.
Another difference between SEVP activities (for F or M visa
classifications) and the Exchange Visitor Program involves the
locations at which students and exchange visitors are placed. For
example, except for F-1 students placed off-campus, e.g., to obtain
practical work experience, participants entering the United States on
F-visas are placed exclusively at SEVP-certified academic institutions.
However, sponsors in the Private Sector categories of the Exchange
Visitor Program (with approximately 200,000 exchange visitors starting
new programs each year) for the most part do not similarly place their
exchange visitors at their own locations. Non-academic sponsors place
exchange visitors at tens of thousands of different private businesses
or other organizations that the Department of State does not vet. The
sheer number, variety, and location of such placements present greater
opportunities for fraud than do placements at a finite number of
certified academic institutions. These different levels of risk justify
different levels of security.
Different signatures and looks of Forms DS-2019 may confuse
authorities. Four commenting parties expressed concern that the variety
of physical forms and signature types could confuse U.S. Customs and
Border agents, Social Security Administration officials, or even
consular officers at U.S. embassies or consulates. Prior to publishing
the 2023 Interim Final Rule, the Department of State alerted those
entities that routinely process or review Forms DS-2019 of the upcoming
regulatory changes. Moreover, in recent consultation with the
Department of State's Bureau of Consular Affairs, the Office of Private
Sector Exchange confirmed that confusion has been minimal. Going
forward, the Department of State is prepared to address any instances
of confusion (e.g., turnarounds at ports of entry) should they
materialize.
The Department of State has promulgated specific regulations for
the Exchange Visitor Program based on its assessment of the risks
associated with the Program that may not apply to SEVP activities. For
example, after the implementation of SEVIS in 2002, the Department of
State required Officers to wet-sign Forms DS-2019 in blue ink to
differentiate original documents from forgers. The Department of State,
therefore, confirms its decision to permit the more secure digital
software,
[[Page 30270]]
but not generic electronic signature software.
Transmission of Forms DS-2019
The second most frequently raised concern with the 2023 Interim
Final Rule is the limitation on the third parties to which sponsors may
electronically transmit Forms DS-2019. Ten parties objected to the
exclusion of third parties (as defined in 22 CFR 62.2) of sponsors from
the enumerated list of authorized recipients of electronically
transmitted forms. Parties generally indicated that the visa interview
process is facilitated by providing Forms DS-2019 directly to foreign
third parties who perform the critical functions of checking forms for
accuracy, helping schedule group interviews, and forwarding batches of
Forms DS-2019 to consular sections at posts.
First, the Department of State clarifies that only individuals who
are employees of a sponsor are considered ``staff'' for purposes of 22
CFR 62.12(c)(1). Staff at institutions that are designated sponsors are
not third parties, and third parties are not considered sponsor staff.
Two parties also questioned whether they could copy third parties when
they transmit Forms DS-2019 electronically to members of the Department
of State's list of acceptable recipients. Since parties receive
electronic transmissions regardless of whether they are listed in the
``to'' line or the ``cc'' line of an email message, sponsors may not
copy any entities that are not enumerated in 22 CFR 62.12(c)(1).
Five commenting parties asked whether sponsors could provide third
parties with password-protected access to their computer network
systems and/or databases to allow them to log on to access electronic
Forms DS-2019. The Department of State believes that such credentialed
access provides a degree of security not available through emailing
electronic Forms DS-2019. There are millions of email accounts world-
wide as opposed to the small number of third parties to which sponsors
would opt to grant network access. The risk of someone gaining
inappropriate access to Forms DS-2019 is significantly minimized by
restricting access in this way. Accordingly, the Department of State
has modified the regulations at 22 CFR 62.12(c)(3) to permit this
functionality. As a point of clarification, it notes that for purposes
of these regulations, electronic transmission is limited to sponsor-
initiated sending of files to individuals or entities, including
exchange visitors. Prior to making Forms DS-2019 available for third
parties to retrieve, sponsors must either wet sign and convert forms to
electronic files or sign the forms with digital signatures since 22 CFR
62.12(b)(2)(i) continues to allow only Officers present in the United
States or a U.S. territory to sign Forms DS-2019. The Department of
State further reminds sponsors that even in a digital environment,
there is only one ``original'' Form DS-2019. If sponsors allow third
parties to retrieve Forms DS-2019 from sponsor network systems and/or
databases, they must not also mail or electronically transmit the same
forms to individuals or entities listed in Sec. 62.12(c)(1). The
Department of State has added regulatory language at 22 CFR 62.12(c)(4)
to prohibit sponsors from issuing multiple copies of original Forms DS-
2019.
For those sponsors that lack the capacity to give third parties
password-protected access to their computer network systems and/or
databases or do not wish to provide such access, the Department of
State reminds them that they may continue to wet-sign Forms DS-2019 and
send paper forms to third parties pursuant to 22 CFR 62.12(c)(2).
Other parties expressed concern that Exchange Visitor Program
applicants may not have access to email and/or printing facilities. For
applicants without email access, sponsors may continue to mail paper
forms to applicants and/or to third parties. For applicants without
printers at home, the Department of State notes that schools,
libraries, and businesses often have printing capabilities that third
parties may access for a minimal fee. Nothing in the regulations
prohibits exchange visitors from, e.g., emailing Forms DS-2019 to other
places, such as offices or friends' homes, for printing. The Department
of State believes that these alternatives are sufficient so as not to
disrupt the role that third parties play in assisting sponsors and
exchange visitors with the visa interview process.
Miscellaneous Comments
Five parties asked for clarification on how the 2023 Interim Final
Rule changes the process of providing travel signatures on Forms DS-
2019. The new regulations provide flexibility for signing and
transmitting Forms DS-2019 to approve travel. First, sponsors may
either reprint Forms DS-2019, sign the travel signature space with any
color of ink, and send them to exchange visitors using a delivery
service; or convert Forms DS-2019 to electronic files and transmit them
electronically. Alternatively, Officers may sign the travel signature
space of Forms DS-2019 using a digital signature and either transmit
them electronically or print them and send them via delivery service.
Sponsors that approve travel should advise exchange visitors to carry
both Forms DS-2019 when they leave the United States, i.e., the
original paper forms and the subsequently issued forms with the travel
authorization signature. Parties also questioned whether they should
sign reprinted Forms DS-2019 or have exchange visitors send their
original Forms DS-2019 or electronic versions of the forms back to
their sponsors for processing. The Department of State clarifies that
all these options are available to sponsors.
Several parties asked how the new regulations impact use of the
``reprint'' function in SEVIS, noting that sponsors cannot prohibit
exchange visitors from reprinting the Forms DS-2019 their sponsors
provide. Although the Department of State agrees that sponsors cannot
effectively monitor whether exchange visitors reprint or copy Forms DS-
2019, the Department of State urges sponsors to advise exchange
visitors whose Forms DS-2019 are lost, stolen, or damaged to contact
their sponsors and ask for new forms. Sponsors must not electronically
transmit or print previously issued Forms DS-2019, but rather, they
must use the reprint function in SEVIS and send the new forms
(electronically or via mail) to the exchange visitor and/or their
accompanying spouse or dependents, if any. On a related matter, two
sponsors sought clarification on what sponsors should do if former
exchange visitors request copies of their Forms DS-2019 after their
programs are over. Since the reprint function is available only for
SEVIS records in ``initial'' and ``active'' status, sponsors should
inform current exchange visitors of this limitation and encourage them
to safeguard their original paperwork.
In the supplemental section of the 2023 Interim Final Rule, the
Department of State indicated that it would eliminate the phrase ``or a
change in actual and current U.S. address'' from 22 CFR
62.12(a)(3)(vii) because this example was not a valid reason to issue
Forms DS-2019. In response to one party's comment that the Department
of State did not make this change in the regulatory text, the
Department of State now corrects this oversight by deleting the phrase
in this final rule.
The 2023 Interim Final Rule eliminated the requirement that
Officers who wish to continue to wet-sign paper Forms DS-2019 use only
blue ink. In response to one commenting party's request for
clarification, the Department of State confirms that it has eliminated
the requirement that Officers sign Forms DS-2019 in any specific color
of ink.
[[Page 30271]]
The introduction of electronic Forms DS-2019 and the potential for
the varying physical appearance of printed forms raised questions about
exchange visitor signature requirements and signature requirements on
other official Department of State forms. Four parties questioned
whether the 2023 Interim Final Rule had any impact on signature
requirements for, e.g., Forms DS-7002 (Training/Internship Placement
Plan). The Department of State clarifies that the Exchange Visitor
Program regulations have never required other forms to be signed in a
particular color of ink and then distributed via mail delivery service.
The requirements set forth in the final rule apply only to Forms DS-
2019. One commenting party asked whether exchange visitors were
required to sign Forms DS-2019 in ink and another noted that the
regulations were silent on whether exchange visitors could transmit
Forms DS-2019 electronically. The Department of State notes that this
final rule regulates actions of designated sponsors, not exchange
visitors.
The addition of electronic Forms DS-2019 has raised other similar
issues. Four parties sought clarification with respect to whether the
requirement at 22 CFR 62.10(g) that sponsors retain copies of records
related to their exchange visitor programs for three years referred to
paper or electronic files. Regulations governing the retention of
records do not specify the format in which sponsors are required to
retain records, leaving it up to sponsors to determine whether they
wish to retain paper, electronic, or both paper and electronic records.
Electronic records should reflect any changes during the program and be
consistent with the information in SEVIS, e.g., exchange visitors'
program dates or visa status.
Regulatory Analysis and Notices
Administrative Procedure Act
This final rule responds to public comments received on the 2023
Interim Final Rule and makes minor revisions to the provisions on the
control of DS-2019 forms in 22 CFR 62.12. For the reasons set forth in
the 2023 Interim Final Rule, the Department of State does not believe 5
U.S.C. 553(b) or (c) apply to this rulemaking.
Congressional Review Act
This regulation is not a major rule as defined by 5 U.S.C. 804.
This rule will not result in an annual effect on the economy of $100
million or more; a major increase in costs or prices; or significant
adverse effects on competition, employment, investment, productivity,
innovation, or on the ability of U.S.-based companies to compete with
U.S.-based companies in domestic and export markets.
Unfunded Mandates Reform Act of 1995
This regulation will not result in the expenditure by State, local
or Tribal governments, in the aggregate, or by the private sector, of
$100 million in any year, and it will not significantly or uniquely
affect small governments. Therefore, no actions were deemed necessary
under the provisions of the Unfunded Mandates Reform Act of 1995 (2
U.S.C. 1501 et seq.).
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
The Department of State has determined that this regulation will
not have Tribal implications; will not impose substantial direct
compliance costs on Indian Tribal governments; and will not preempt
Tribal law. Accordingly, the requirements of Executive Order 13175 do
not apply to this rulemaking.
Regulatory Flexibility Act: Small Business Impacts
Since this rule is exempt from section 553 (Rulemaking) and section
554 (Adjudications) of the Administrative Procedure Act, this rule is
not subject to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.
(1980)).
Executive Orders 12866, 13563, and 14094
The Department of State has reviewed this rule to ensure its
consistency with the regulatory philosophy and principles set forth in
Executive Order 12866, as amended by Executive Order 14094, and
Executive Order 13563, and affirms that this regulation is consistent
with the guidance therein. The Office of Management and Budget (OMB)
has designated this rule as not significant under E.O. 12866.
Executive Order 12988
The Department of State has reviewed this rulemaking considering
sections 3(a) and 3(b)(2) of Executive Order 12988 to eliminate
ambiguity, minimize litigation, establish clear legal standards, and
reduce burdens.
Executive Orders 12372 and 13132--Federalism
The Department of State finds that this regulation does not have
sufficient federalism implications to require consultations or warrant
the preparation of a federalism summary impact statement.
Paperwork Reduction Act
This rulemaking relates to OMB Control No. 1405-0119, Certificate
of Eligibility for Exchange Visitor Status (J-Nonimmigrant). The
Department of State does not anticipate a reportable change in burden
for this information collection as a result of this rulemaking.
List of Subjects in 22 CFR Part 62
Cultural exchange programs, Reporting and recordkeeping
requirements.
For the reasons stated in the preamble, the Department of State
amends 22 CFR part 62 as follows:
PART 62--EXCHANGE VISITOR PROGRAM
0
1. The authority citation to part 62 continues to read as follows:
Authority: 8 U.S.C. 1101(a)(15)(J), 1182, 1184, 1258; 22 U.S.C.
1431 et seq.; 22 U.S.C. 2451 et seq.; 22 U.S.C. 2651a; 22 U.S.C.
6531-6553; Reorganization Plan No. 2 of 1977, 42 FR 62461, 3 CFR
1977 Comp. p. 200; E.O. 12048, 43 FR 13361, 3 CFR, 1978 Comp., p.
168; 8 U.S.C. 1372; section 416 of Pub. L. 107-56, 115 Stat. 354 (8
U.S.C. 1372 note); and 8 U.S.C. 1761-1762.
0
2. Revise Sec. 62.12 to read as follows:
Sec. 62.12 Control of Forms DS-2019.
(a) Issuance of Forms DS-2019. Sponsors must:
(1) Grant access to SEVIS only to Responsible Officers and
Alternate Responsible Officers and ensure that they have access to and
use SEVIS to update required information;
(2) Ensure that Responsible Officers and Alternate Responsible
Officers input into SEVIS accurate, current, and updated information in
accordance with these regulations; and
(3) Issue Forms DS-2019 only for the following purposes if
permitted by the regulations and, as necessary, authorized by the
Department of State:
(i) To facilitate the initial entry of exchange visitors and
accompanying spouses and dependents, if any, into the United States;
(ii) To extend the duration of participation of exchange visitors;
(iii) To facilitate program transfers;
(iv) To replace lost, stolen, or damaged Forms DS-2019;
(v) To facilitate the re-entry into the United States of exchange
visitors and accompanying spouses and dependents, if any, who travel
outside the United States during exchange visitors' programs;
(vi) To facilitate changes of category;
(vii) To update information when significant changes take place in
regard to exchange visitors' programs (e.g.,
[[Page 30272]]
substantial changes in funding or changes in primary sites of
activity);
(viii) To facilitate the correction of minor or technical
infractions; and
(ix) To facilitate a reinstatement or reinstatement update SEVIS
status.
(b) Verification. (1) Prior to issuing Forms DS-2019, sponsors must
verify that prospective exchange visitors:
(i) Are eligible for, qualified for, and accepted into the programs
in which they will participate;
(ii) Possess adequate financial resources to participate in and
complete their exchange visitor programs; and
(iii) Possess adequate financial resources to support accompanying
spouses and dependents, if any.
(2) Sponsors must ensure that:
(i) Only Responsible Officers or Alternate Responsible Officers who
are physically present in the United States or in a U.S. territory may
sign Forms DS-2019 or print original Forms DS-2019;
(ii) Only Responsible Officers or Alternate Responsible Officers
whose names are printed on Forms DS-2019 are permitted to sign the
forms; and
(iii) Responsible Officers or Alternate Responsible Officers sign
paper Forms DS-2019 in ink or sign Forms DS-2019 using digital
signature software.
(c) Transmission of Forms DS-2019. (1) Sponsors may transmit Forms
DS-2019 either electronically (e.g., via email) or by mailing them
(e.g., via postal or delivery service) to only the following
individuals or entities: exchange visitors; accompanying spouses and
dependents, if any; legal guardians of minor exchange visitors; sponsor
staff; Fulbright Commissions and their staff; and Federal, State, or
local government agencies or departments.
(2) Sponsors may mail signed paper Forms DS-2019 via postal or
delivery service to third parties acting on their behalf for
distribution to prospective exchange visitors.
(3) Sponsors may provide third parties acting on their behalf with
password-protected access to the sponsors' computer network systems
and/or databases to retrieve Forms DS-2019.
(4) Sponsors that allow third parties to retrieve Forms DS-2019
from their computer networks and/or databases may not electronically
transmit or physically mail the same Forms DS-2019 to individuals or
entities identified in paragraph (c)(1) of this section.
(d) Allotment requests. (1) Annual Form DS-2019 allotment. Sponsors
must submit an electronic request via SEVIS to the Department of State
for an annual allotment of Forms DS-2019 based on the annual reporting
cycle (e.g., academic, calendar, or fiscal year) stated in their letter
of designation or redesignation. The Department of State has sole
discretion to determine the number of Forms DS-2019 it will issue to
sponsors.
(2) Expansion of program. Requests for program expansion must
include information such as, but not limited to, the justification for
and source of program growth, staff increases, confirmation of
adequately trained employees, noted programmatic successes, current
financial information, additional overseas affiliates, additional
third-party entities, explanations of how the sponsor will accommodate
the anticipated program growth, and any other information the
Department of State may request. The Department of State will take into
consideration the current size of a sponsor's programs and the
projected expansion of their programs in the next 12 months and may
consult with the Responsible Officer and/or Alternate Responsible
Officers prior to determining the number of Forms DS-2019 it will
issue.
(e) Safeguards and controls.
(1) Responsible Officers and Alternate Responsible Officers must
always secure their SEVIS User Names and passwords (i.e., not share
User Names and passwords with any other person or not permit access to
and use of SEVIS by any person).
(2) Sponsors may transmit Forms DS-2019 only to the parties listed
in paragraph (c) of this section. However, sponsors must transmit Forms
DS-2019 to the Department of State or the Department of Homeland
Security upon request.
(3) Sponsors must use the reprint function in SEVIS when exchange
visitors' Forms DS-2019 are lost, stolen, or damaged, regardless of
whether they are transmitting forms electronically or mailing them.
(4) Sponsors must destroy any damaged and/or unusable Forms DS-2019
(e.g., forms with errors or forms damaged by a printer).
Rebecca Pasini,
Deputy Assistant Secretary, Office of Private Sector Exchange, Bureau
of Educational and Cultural Affairs, U.S. Department of State.
[FR Doc. 2024-08602 Filed 4-22-24; 8:45 am]
BILLING CODE 4710-05-P