Sec. 514.22  Trainees.
(a) Introduction. These regulations govern all exchange visitor
programs under which foreign nationals are provided with
opportunities for receiving training in the United States.
Regulations dealing with training opportunities which may, under
certain conditions, be authorized for foreign students who are
studying at post-secondary accredited educational institutions in
the United States are found at Sec. 514.23.  Regulations
governing medical trainees are found at Sec. 514.27.
(b) Purpose of training. The primary objectives of training are
to enhance the exchange visitor's skills in his or her specialty
or non-specialty occupation through participation in a structured
training program and to improve the participant's knowledge of
American techniques, methodologies, or expertise within the
individual's field of endeavor. Such training programs are also
designed to enable the exchange visitor trainee to understand
better American culture and society and to enhance American
knowledge of foreign cultures and skills by providing the
opportunity for an open interchange of ideas between the exchange
visitor trainees and their American counterparts.  Use of the
Exchange Visitor Program for ordinary employment or work purposes
is strictly prohibited.  For this reason the regulations in this
section are designed to distinguish between receiving training,
which is permitted, and gaining experience, which is not
permitted unless as a component of a bona fide training program.
(c) Designation of training programs. (1) The Agency groups
occupations into specialty, non-specialty, or unskilled
occupational categories. The Agency will designate training
programs in specialty and non-specialty occupations. Training
programs in unskilled occupations or occupations in other
categories which the Agency may from time to time identify
by publication in the Federal Register will not be designated.
For purposes of these regulations, the Agency considers the
occupations listed in Appendix E to part 514 to be "unskilled
occupations."
(2) For purposes of designation, the Agency will designate
specialty and skilled non-specialty occupational training
programs in any of the following occupational categories:
(i) Arts and Culture;
(ii) Information Media and Communications;
(iii) Education, Social Sciences, Library Science, Counseling and
Social Services;
(iv) Management, Business, Commerce and Finance;
(v) Health Related Occupations;
(vi) Aviation;
(vii) The Sciences, Engineering, Architecture, Mathematics, and
Industrial Occupations;
(viii) Construction and Building Trades;
(ix) Agriculture, Forestry and Fishing;
(x) Public Administration and Law;
(xi) Other (Specify).
(3) Sponsors may apply for designation for training programs in
any combination of specialty and/or non-specialty occupations.
Once designated, the sponsor may provide training in any
occupation falling within the designated category, if not
otherwise prohibited from doing so.  Sponsors shall provide
training to exchange visitors only in the category or
categories for which they have obtained Agency designation.
(d) Obligations of training program sponsors. (1) Sponsors
designated by the Agency to provide training to foreign exchange
visitors shall:
(i) Ensure that individuals and/or entities conducting training
possess and maintain the demonstrable competence to provide
training in the subjects offered to each exchange visitor.
(ii) Ensure that skills, knowledge, and competence are imparted
to the trainee through a structured program of activities which
are supportive and appropriate to the training experience. These
may include, for example, classroom training, seminars, rotation
through several departments, on-the-job training, and attendance
at conferences, as appropriate.  
(iii) Develop, prior to the start of training, a detailed
training plan geared to defined objectives for each trainee or
group of similarly-situated trainees.
(iv) Ensure that continuous supervision and periodic evaluation
of each trainee is provided.
(v) Ensure that sufficient plant, equipment, and trained
personnel are available to provide the training specified.
(2) Sponsors designated by the Agency to provide training to
foreign exchange visitors shall not:
(i) Provide training in unskilled occupations; or
(ii) Place trainees in positions which are filled or would be
filled by full-time or part-time employees.
(e) Use of third parties. (1) The sponsor may utilize the
services of third parties in the conduct of the designated
training program. If a third party is utilized, the sponsor and
the third party shall execute a written agreement which
delineates the respective obligations and duties of the
parties and specifically recites the third party's obligation to
act in accordance with these regulations. The sponsor shall
maintain a copy of such agreement in its files.
(2) The sponsor's use of a third party in the conduct of a
designated training program does not relieve the sponsor of its
obligation to comply, and to ensure the third party's compliance,
with all applicable regulations. Any failure on the part of the
third party to comply with all applicable regulations will be
imputed to the sponsor.
(f) Application for designation of training programs. (1) An
applicant for designation as an exchange visitor training program
shall demonstrate to the Agency its ability to comply with both
the General Provisions set forth in subpart A, and the
obligations of training sponsors set forth in Sec. 514.22(d).
(2)(i) An applicant shall provide the Agency with documentary
evidence of its competence to provide the training for which
designation is sought.
(ii) If third parties are to be used to conduct one or more
aspects of the activities for which designation is sought, the
applicant shall provide the Agency with forms and procedures
which will be used by the sponsor to ensure third party
compliance with all applicable regulations and fulfillment of the
goals and purposes of the sponsor's exchange visitor program.
(iii) If the applicant intends to utilize the services of third
parties to conduct the training, a copy of an executed
third-party agreement or, if one has not yet been executed, an
illustrative copy of the type of agreement the applicant intends
to execute with third parties shall be submitted with the
application.
(3) If the training program is accredited in accordance with Sec.
514.22(n), the applicant shall include a copy of the
accreditation in its application.
(4) The application shall include a certification that:
(i) Sufficient physical plant, equipment, and trained personnel
will be dedicated to provide the training specified;
(ii) The training program is not designed to recruit and train
aliens for employment in the United States;
(iii) Trainees will not be placed in positions which displace
full-time or part-time employees.
(5) As to each occupational division for which the applicant
seeks designation, the applicant shall indicate whether it
intends to provide training in specialty or non-specialty
occupations, or both.
(6) In order to meet the requirements of this subsection and to
evidence the competence of the applicant and/or third parties
conducting one or more aspects of the applicant's exchange
visitor program to provide training, the applicant for
designation may submit any one of the following types of
training plans for each division for which designation is sought;
(i) If the applicant has already designed a structured training
plan to use in the proposed exchange visitor program, a copy of
such training plan may be submitted with the application;
(ii) If the applicant has not yet prepared a new training plan,
but has been engaged previously in the type of training, directly
or through third parties, for which designation is being sought,
the applicant may demonstrate its capability to conduct such
training by submitting a copy of a previously used training plan;
(iii) If the applicant proposes to create individualized training
plans for as yet unidentified trainees, then the applicant may
submit a hypothetical training plan which illustrates the
training the applicant proposes to provide, directly or through
third parties.
(g) The training plan. Each training plan required to be prepared
for a trainee or group of trainees pursuant to Sec.
514.22(d)(1)(iii) above, shall include, at a minimum,
 
(1) a statement of the objectives of the training;
(2) the skills to be imparted to the trainee;
(3) a copy of the training syllabus or chronology;
(4) a justification for the utilization of on-the-job training to
achieve stated course competencies; and
(5) a description of how the trainee will be supervised and
evaluated.
(h) Agency consultation with experts. The Agency may consult
experts whenever its examination of a training plan or its
evaluation of application for designation indicates the need for
such expertise in making an evaluation.
(i) Records. Sponsors shall retain for three years all records
pertaining to individual trainees, training plans, trainee
evaluations, and agreements with third parties. Such records
shall be made available to the Agency upon the Agency's request.
(j) Selection of trainees. In addition to meeting the
requirements of Sec. 514.10(a), trainees shall be fully qualified
to participate successfully in a structured training program at a
level appropriate for the individual trainee's career
development. However, such training shall not be duplicative
of the trainee's prior training and experience.
(k) Duration of participation. The duration of participation
shall correspond to the length of the program set forth in the
sponsor's designation. The maximum period of participation in the
Exchange Visitor Program for a trainee shall not exceed 18 months
total.
(l) Financial and program disclosure. Sponsors shall provide
trainees, prior to their arrival in the United States, with:
(1) A written statement which clearly states the stipend, if any,
to be paid to the trainee;
(2) The costs and fees for which the trainee will be obligated;
(3) An estimate of living expenses during the duration of the
trainee's stay; and
(4) A summary of the training program which recites the training
objectives and all significant components of the program.
(m) Evaluation. In order to ensure the quality of the training
program, the sponsor shall develop procedures for the ongoing
evaluation of each training segment. Such evaluation shall
include, as a minimum, midpoint and concluding evaluation reports
from the trainee and his or her immediate supervisor, signed by
both parties. For training courses of less than three months
duration, evaluation reports are required upon conclusion of the
training program.
(n) Flight training. (1) The Agency will consider the application
for designation of a flight training program if such program
complies with the above regulations, and, additionally,
(i) Is, at the time of making said application, a Federal
Aviation Administration certificated pilot school pursuant to
title 14, Code of Federal Regulations, part 141; and
(ii) At the time of making said application is accredited as a
flight training program by an accrediting agency which is listed
in the current edition of the United States Department of
Education's "Nationally Recognized Accrediting Agencies and
Associations," or is accredited as a flight training program by a
member of the Council on Postsecondary Accreditation; or 
(iii) At the time of making said application has formally
commenced the accreditation process with an accrediting agency
which is listed in the current edition of the United States
Department of Education's "Nationally Recognized Accrediting
Agencies and Associations," or with a member of the Council on
Postsecondary Accreditation. If the application for designation
is approved, such designation shall be for up to twelve-months
duration, with continued designation thereafter conditioned upon
completion of the accreditation process.
(2) Notwithstanding the provisions of Sec. 514.22(k), supra, the
maximum period of participation for exchange visitors in
designated flight training programs shall not exceed 24 months
total. Any request for extension of time in excess of that
authorized under this subsection shall be made in accordance with
Sec. 514.43, infra.
(3) For purposes of meeting the evaluation requirements set forth
in Sec. 514.22(m), sponsors and/or third parties conducting the
training may utilize the same training records as are required by
the Federal Aviation Administration to be maintained pursuant to
14 CFR 141.101.
[58 FR 15196, Mar. 19, 1993; 58 FR 48448, Sept. 16, 1993]