Sec. 514.20   Professors and research scholars.

(a) Introduction.  These regulations govern professors and
research scholars, except: (1) Alien physicians in graduate medical education or training,
who are governed by regulations set forth at Sec. 514.27; and (2) Short-term scholars, who are governed by regulations set
forth at Sec. 514.21. (b) Purpose. A primary purpose of the Exchange Visitor Program
is to foster the exchange of ideas between Americans and foreign
nationals and to stimulate international collaborative teaching
and research efforts. The exchange of professors and research
scholars promotes interchange, mutual enrichment, and linkages
between research and educational institutions in the United
States and foreign countries. It does so by providing foreign
professors and research scholars the opportunity to engage in
research, teaching, and lecturing with their American colleagues,
to participate actively in cross-cultural activities with
Americans, and ultimately to share with their fellow citizens
their experiences and increased knowledge about the United States
and their substantive fields.
(c)  Designation.  The Agency may, in its sole discretion,
designate bona fide programs which offer foreign nationals the
opportunity to engage in research, teaching, lecturing,
observing, or consulting at research institutions, corporate
research facilities, museums, libraries, post-secondary
accredited educational institutions, or similar types of
institutions in the United States. (d) Visitor eligibility. An individual may be selected for
participation in the Exchange Visitor Program as a professor or
research scholar subject to the following conditions:
(i) The participant shall not be a candidate for tenure track
position; and
(ii) The participant has not been physically present in the
United States as a nonimmigrant pursuant to the provisions of 8
U.S.C. 1101(a)(15)(J) for all or part of the twelve month period
immediately preceding the date of program commencement set forth
on his or her Form IAP-66, unless:
(A) The participant is transferring to the sponsor's program
as provided in Sec. 514.42; or
(B) The participant's presence in the United States was of
less than six months duration; or
(C) The participant's presence in the United States was
pursuant to a short-term scholar exchange activity as authorized
by Sec. 514.21. (e) Insurance of Form IAP-66. The Form IAP-66 shall be issued
only after the professor or research scholar has been accepted by
the institution(s) where he or she will participate in an
exchange visitor program. (f) Location of the exchange. Professors or research scholars
shall conduct their exchange activity at the location(s) listed
on the Form IAP-66, which could be either at the location of the
exchange visitor sponsor or the site of a third party
facilitating the exchange. An exchange visitor may also engage in
activities at locations not listed on the Form IAP-66 if such
activities constitute occasional lectures or consultations as
permitted by Sec. 514.20(g). (g) Occasional lectures or consultations. Professors and
research scholars may participate in occasional lectures and
short-term consultations, unless disallowed by the sponsor. Such
lectures and consultations must be incidental to the exchange
(1)  Criteria.  The occasional lectures or short-term
consultations shall:
(i) Be directly related to the objectives of the exchange
visitor's program;
(ii) Be incidental to the exchange visitor's primary program
activities; and
(iii) Not delay the completion date of the visitor's program.
(2)  Procedures.
(i) To obtain authorization to engage in occasional lectures or
short-term consultations involving wages or other remuneration,
the exchange visitor shall present to the responsible officer:
(A) A letter from the offeror setting forth the terms and
conditions of the offer to lecture or consult, including the
duration, number of hours, field or subject, amount of
compensation, and description of such activity; and
(B) A letter from his or her department head or supervisor
recommending such activity and explaining how it would enhance
the exchange visitor's program.
(ii) The responsible officer shall review the letters required
in Sec. 514.20(g)(2)(i) above and make a written determination
whether such activity is warranted and satisfies the criteria set
forth in Sec. 514.20(g)(1). (h) Category. At the discretion of the responsible officer,
professors may freely engage in research and research scholars
may freely engage in teaching and lecturing, unless disallowed by
the sponsor. Because these activities are so intertwined, such a
change of activity will not be considered a change of category
necessitating a formal approval by the responsible officer or
approval by the Agency. Any Form IAP-66 issued to the exchange
visitor should reflect the current category of the exchange
visitor, either professor or research scholar. (i) Duration of participation. The permitted duration of
program participation for a professor or research scholar shall
be as follows: (1) General limitation. The professor and research scholar
shall be authorized to participate in the Exchange Visitor
Program for the length of time necessary to complete his or her
program, which time shall not exceed three years. (2) Exceptional circumstance. The Agency may authorize a
designated Exchange Visitor Program sponsor to conduct an
exchange activity requiring a period of program duration in
excess of three years. A sponsor seeking to conduct a discrete
activity requiring more than the permitted three years of program
duration, but less than six years of program duration, shall make
written request to the Agency and secure written Agency approval.
Such request shall include:
    (i) A detailed explanation of the discrete exchange activity;
and
(ii) A certification that the participation of selected
research scholars will be financed directly by United States or
foreign government funds.
    (3) Change of category. A change between the categories of 
professor and research scholar shall not extend an exchange
visitor's permitted period of participation beyond three years. (j) Extension of program. Professors and research scholars
may be authorized program extensions as follows:
(1) Responsible officer authorization. A responsible officer
may extend, in his or her discretion and for a period not to
exceed six months, the three year period of program participation
permitted under Sec. 514.20(i). The responsible officer
exercising his or her discretion shall do so only upon his or her
affirmative determination that such extension is necessary in
order to permit the research scholar or professor to complete a
specific project or research activity. (2) Agency authorization. The Agency may extend, upon request
and in its sole discretion, the three year period of program
participation permitted under Sec. 514.20(i). A request for
Agency authorization to extend the period of program
participation for a professor or research scholar shall:
(i) Be submitted to the Agency, unless prevented by
extraordinary circumstance, no less than 60 days prior to the
expiration of the participant's permitted three year period of
program participation; and
(ii) Present evidence, satisfactory to the Agency, that such
request is justified due to exceptional or unusual circumstances
and is necessary in order to permit the researcher or professor
to complete a specific project or research activity.
    (3) Timeliness. The Agency will not review a request for
Agency authorization to extend the three year period of program
participation permitted under Sec. 514.20(i) unless timely filed;
provided, however, that the Agency reserves the right to review a
request that is not timely filed due to extraordinary
circumstance. (4) Final decision. The Agency anticipates it will respond to
requests for Agency authorization to extend the three year period
of program participation permitted under Sec. 514.20(i) within 30
days of Agency receipt of such request and supporting
documentation. Such response shall constitute the Agency's final
decision.
[58 FR 15196, Mar. 19, 1993; 58 FR 48448, Sept. 16, 1993; 61 FR
15373, April 8, 1996; 61 FR 29285, June 10, 1996]