Sec. 514.23  College and university students.
(a) Purpose. Programs under Sec. 514.23 provide foreign students
the opportunity to participate in a designated exchange program
while studying at a degree-granting post-secondary accredited
educational institution. Exchange visitors under this category
may participate in degree and non-degree programs. Such exchanges
are intended to promote mutual understanding by fostering the
exchange of ideas between foreign students and their American
counterparts.
(b) Designation. The Agency may, in its sole discretion,
designate bona fide programs which offer foreign nationals the
opportunity to study in the United States at post-secondary
accredited educational institutions.
(c) Selection criteria. Sponsors select the college and
university students who participate in their exchange visitor
programs. Sponsors shall secure sufficient background information
on the students to ensure that they have the academic credentials
required for their program. Students are eligible for the
Exchange Visitor Program if at any time during their college
studies in the United States:
(1) They or their program are financed directly or indirectly by:
(i) The United States Government;
(ii) The government of the student's home country; or
(iii) An international organization of which the United States is
a member by treaty or statute;
(2) The programs are carried out pursuant to an agreement between
the United States Government and a foreign government;
(3) The program are carried out pursuant to written agreement
between:
(i) American and foreign educational institutions;
(ii) An American educational institution and a foreign
government; or
(iii) A state or local government in the United States and a
foreign government; or
(4) The exchange visitors are supported substantially by funding
from any source other than personal or family funds.
(d) Admissions requirement. In addition to satisfying the
requirements of Sec. 514.10(a), sponsors shall ensure that the
exchange visitor student has been admitted to the post-secondary
accredited educational institution(s) listed on the Form IAP-66
before issuing the form.
(e) Full course of study requirement. Exchange visitor students
shall pursue a full course of study at a post-secondary
accredited educational institution in the United States as
defined in Sec. 514.2, except under the following circumstances:
(1) Vacation. During official school breaks and summer vacations
if the student is eligible and intends to register for the next
term. A student attending a school on a quarter or trimester
calendar may be permitted to take the annual vacation during any
one of the quarters or trimesters instead of during the summer.
(2) Medical problem. If the student is compelled to reduce or
interrupt a full course of study due to an illness or medical
condition and the student presents to the responsible officer a
written statement from a physician requiring or recommending an
interruption or reduction in studies.
(3) Bona fide academic reason. If the student is compelled to
pursue less than a full course of study for a term and the
student presents to the responsible officer a written statement
from the academic dean or advisor recommending the student to
reduce his or her academic load to less than a full course of
study due to an academic reason.
(4) Non-degree program. If the student is engaged full time in a
prescribed course of study in a non-degree program of up to 24
months duration conducted by a post-secondary accredited
educational institution.
 
(5) Academic training. If the student is participating in
authorized academic training in accordance with Sec. 514.23(f).
(6) Final term. If the student needs less than a full course of
study to complete the academic requirements in his or her final
term.
(f) Academic training. (1) A student may participate in academic
training programs during his or her studies, without wages or
other remuneration, with the approval of the academic dean or
advisor and the responsible officer.
(2) A student may be authorized to participate in academic
training programs for wages or other remuneration:
(i) during his or her studies; or
(ii) commencing not later than thirty (30) days after completion
of his or her studies, if the criteria, time limitations,
procedures, and evaluations listed below in paragraphs (f) (3) to
(6) are satisfied:
(3) Criteria.
(i) The student is primarily in the United States to study rather
than engage in academic training;
(ii) The student is participating in academic training that is
directly related to his or her major field of study at the
post-secondary accredited educational institution listed on his
or her Form IAP-66;
(iii) The student is in good academic standing with the
post-secondary accredited educational institution; and
(iv) The student receives written approval in advance from the
responsible officer for the duration and type of academic
training.
(4) Time limitations. The exchange visitor is authorized to
participate in academic training for the length of time necessary
to complete the goals and objectives of the training, provided
that the amount of time for academic training:
(i) Is approved by the academic dean or advisor and approved by
the responsible officer;
(ii) For undergraduate and pre-doctoral training, does not exceed
eighteen (18) months, inclusive of any prior academic training in
the United States, or the period of full course of study in the
United States, whichever is less; except, additional time for
academic training is allowed to the extent necessary for the
exchange visitor to satisfy the mandatory requirements of
his or her degree program in the United States;
(iii) For post-doctoral training, does not exceed a total of
thirty-six (36) months, inclusive of any prior academic training
in the United States as an exchange visitor, or the period of the
full course of study in the United States, whichever is less. A
new Form IAP-66 shall be issued for each eighteen (18) month
period.
(5) Procedures. To obtain authorization to engage in academic
training:
(i) The exchange visitor shall present to the responsible officer
a letter of recommendation from the student's academic dean or
advisor setting forth:
(A) The goals and objectives of the specific training program;
(B) A description of the training program, including its
location, the name and address of the training supervisor, number
of hours per week, and dates of the training;
(C) How the training relates to the student's major field of
study; and
(D) Why it is an integral or critical part of the academic
program of the exchange visitor student.
(ii) The responsible officer shall:
(A) Determine if and to what extent the student has previously
participated in academic training as an exchange visitor student,
in order to ensure the student does not exceed the period
permitted in Sec. 514.23(f);
(B) Review the letter required in paragraph (f)(5)(i) of this
section; and
 
(C) Make a written determination of whether the academic training
currently being requested is warranted and the criteria and time
limitations set forth in Sec. 514.23(f) (3) and (4) are
satisfied.
(6) Evaluation requirements. The sponsor shall evaluate the
effectiveness and appropriateness of the academic training in
achieving the stated goals and objectives in order to ensure the
quality of the academic training program.
(g) Student employment. Exchange visitor students may engage in
part-time employment when the following criteria and conditions
are satisfied.
(1) The student employment:
(i) Is pursuant to the terms of a scholarship, fellowship, or
assistantship;
(ii) Occurs on the premises of the post-secondary accredited
educational institution the visitor is authorized to attend; or
(iii) Occurs off-campus when necessary because of serious,
urgent, and unforeseen economic circumstances which have arisen
since acquiring exchange visitor status.
(2) Exchange visitor students may engage in employment as
provided in paragraph (g)(1) of this section if the:
(i) Student is in good academic standing at the post-secondary
accredited educational institution;
(ii) Student continues to engage in a full course of study,
except for official school breaks and the student's annual
vacation;
(iii) Employment totals no more than 20 hours per week, except
during official school breaks and the student's annual vacation;
and
 
(iv) The responsible officer has approved the specific employment
in advance and in writing. Such approval may be valid up to
twelve months, but is automatically withdrawn if the student's
program is terminated.
(h) Duration of participation--(1) Degree students. Exchange
visitor students who are in degree programs shall be authorized
to participate in the Exchange Visitor Program as long as they
are either:
(i) Studying at the post-secondary accredited educational
institution listed on their Form IAP-66 and are:
(A) Pursuing a full course of study as set forth in Sec.
514.23(e), and
(B) Maintaining satisfactory advancement towards the completion
of their academic program; or
(ii) Participating in an authorized academic training program as
permitted in Sec. 514.23(f).
(2) Non-degree students. Exchange visitors who are non-degree
students shall be authorized to participate in the Exchange
Visitor Program for up to 24 months, if they are either:
(i) Studying at the post-secondary accredited educational
institution listed on their Form IAP-66 and are:
(A) Participating full-time in a prescribed course of study; and
(B) Maintaining satisfactory advancement towards the completion
of their academic program; or
(ii) Participating in an authorized academic training program as
permitted in Sec. 514.23(f).