Sec. 514.45  Reinstatement to valid program status.

    (a) Definitions. For purpose of this section--
    You means the Responsible Officer or Alternate Responsible Officer;
    Exchange visitor means the person who enters the United States on a 
J visa in order to participate in an exchange program designated by the 
Director of the United States Information Agency.
    Fails or failed maintain valid program status means the status of 
an exchange visitor who has completed, concluded, ceased, interrupted, 
graduated from, or otherwise terminated the exchange visitor's 
participation in the exchange program, or who remains in the United 
States beyond the end date on the exchange visitor's current Form IAP-
66.
    Unauthorized employment means any employment not properly 
authorized by you or by the Attorney General, i.e., the Immigration and 
Naturalization Service, prior to commencement of employment. 
Unauthorized employment does not include activities that are normally 
approvable, as described in paragraph (c)(3) of this section.
    We, our, or us means the office of Exchange Visitor Program 
Services of the United States Information Agency.
    (b) Who is authorized to correct minor or technical infractions of 
the Exchange Visitor Program regulations? (1) If the exchange visitor 
committed a technical or minor infraction of the regulations, you are 
authorized to correct the exchange visitor's records with respect to 
such technical or minor infractions of the regulations in this part. 
Your correction of such an infraction(s) returns the exchange visitor 
to the status quo ante, i.e., it is as if the infraction never 
occurred.
    (2) You may only correct the exchange visitor's record with respect 
to a technical or minor infraction of the regulations in this part if 
the exchange visitor is pursuing or intending to pursue the exchange 
visitor's original program objective.
    (3) You may not correct the exchange visitor's records with respect 
to a technical or minor infraction of the regulations in this part if 
the exchange visitor has willfully failed to maintain insurance 
coverage during the period for which the record is being corrected; if 
the exchange visitor has engaged in unauthorized employment during that 
period, as defined in paragraph (a) of this section, of if the exchange 
visitor was involuntarily suspended or terminated from his or her 
program during the period.
    (4) If the exchange visitor has failed to maintain valid program 
status because of a substantive violation of the



regulations in this part, you must apply to us for reinstatement.
    (c) What violations or infractions of the regulations in this part 
do we consider to be technical or minor ones, and how do you correct 
the record? We consider the following to be examples of technical or 
minor infractions which you are authorized to correct:
    (1) Failure to extend the Form IAP-66 in a timely manner (i.e., 
prior to the end date on the current Form IAP-66) due to inadvertence 
or neglect on your part or on the part of the exchange visitor.
    (2) Failure on the part of the exchange visitor to conclude a 
transfer of program prior to the end date on the current Form IAP-66 
due to administrative delay or oversight, inadvertence or neglect on 
your part or on the part of the exchange visitor;
    (3) Failure to receive your prior approval and/or an amended Form 
IAP-66 before accepting an honorarium or other type of payment for 
engaging in a normally approvable and appropriate activity. Example, a 
lecture, consultation, or other activity appropriate to the category 
which is provided by a professor, research scholar, short-term scholar 
or specialist without prior approval or an amended Form IAP-66 issued 
prior to the occurrence of the activity.
    (4) You correct the record status quo ante by issuing a Form IAP-66 
or by writing an authorization letter to reflect the continuity in the 
program or the permission to engage in the activity that a timely 
issued document would have reflected.
    (i) Forms IAP-66 should be:
    (A) Issued to show continued authorized stay without interruption;
    (B) Marked in the ``purpose'' box with the appropriate purpose 
(i.e., extension, transfer, etc.) and with the additional notation of 
``correct the record'' typed in;
    (C) Dated as of the date the Form was actually executed; and,
    (D) Submitted to the Agency in the same way as any other 
notification.
    (ii) Letters or other authorization documents should be:
    (A) Issued according to the regulations in this part appropriate to 
the category and the activity;
    (B) Marked or annotated to show ``correct the record,''
    (C) Dated as of the date the letter or document was actually 
executed; and,
    (D) Attached to the exchange visitor's Form IAP-66 and/or retained 
in the sponsor's file as required by the regulations in this part for 
that particular type of letter or document.
    (d) How do you determine if an infraction, other than those 
examples listed above is a technical or minor infraction? It is 
impossible to list every example of a technical or minor infraction. To 
guide you in making a determination, you are to examine the following 
criteria:
    (1) Regardless of the reason, has the exchange visitor failed to 
maintain valid program status for more than 120 calendar days after the 
end date on the current Form IAP-66?
    (2) Has the exchange visitor, by his or her actions, failed to 
maintain, at all relevant times, his or her original program objective?
    (3) Has the exchange visitor willfully failed to comply with our 
insurance coverage requirements (Sec. 514.14)?
    (4) Has the exchange visitor engaged in unauthorized employment, as 
that term is defined in paragraph (a) of this section?
    (5) Has the exchange visitor category been involuntarily suspended 
or terminated from his or her program?
    (6) Has an exchange visitor in the student category failed to 
maintain a full course of study (as defined in Sec. 514.2) without 
prior consultation with you and the exchange visitor's academic 
advisor?
    (7) Has the exchange visitor failed to pay the fee mandated by 
Public Law 104-208 (the ``CIPRIS'' fee)?
    (8) If the answer to any of the above questions is ``yes,'' then 
the infraction is not a technical or minor one and you are not 
authorized to reinstate the exchange visitor to valid program status.
    (e) Which violations or infractions do we consider to be 
substantive ones requiring you to apply to us for reinstatement? The 
following are substantive violations or infractions of the regulations 
in this part by the exchange visitor which require you to apply to us 
for reinstatement to valid program status:
    (1) Failure to maintain valid program status for more than 120 days 
after the end date on the current Form IAP-66;
    (2) If a student, failure to maintain a full course of study (as 
defined in Sec. 514.2) without prior consultation with you and the 
exchange visitor's academic advisor.
    (f) Which, if any, violations of the regulations in this part or 
other conditions preclude reinstatement and will result in a denial if 
application is made? We will not consider requests for reinstatement 
(nor should you) when an exchange visitor has:
    (1) Knowingly or willfully failed to obtain or maintain the 
required health insurance (Sec. 514.14) at all times while in the 
United States;
    (2) Engaged in unauthorized employment, as that term is defined in 
paragraph (a) of this section;
    (3) Been suspended or terminated from the most recent exchange 
visitor program;
    (4) Failed to maintain valid program status for more than 270 
calendar days;
    (5) Received a favorable recommendation from the Agency on an 
application for waiver of section 212(e) of the Immigration and 
Nationality Act [8 U.S.C. 1182(e)]; or,
    (6) Failed to pay the fee mandated by Public Law 104-208 (the 
``CIPRIS'' fee.)
    (g) What if you cannot determine which category (technical, 
substantive, or non-reinstatable) the violation or infraction falls 
within? If you cannot determine which category the violation or 
condition falls within, then you must, on behalf of the exchange 
visitor, apply to us for reinstatement.
    (h) If you determine that the exchange visitor's violation of the 
regulations in this part is a substantive one, how do you apply for a 
reinstatement to valid program status? (1) If you determine that the 
violation of the regulations in this part is a substantive one, and 
that the exchange visitor has failed to maintain valid program status 
for 120 days or less, you must apply to us for reinstatement of the 
exchange visitor to valid program status. Your application must 
include:
    (i) All copies of the exchange visitor's Forms IAP-66 issued to 
date;
    (ii) A new, completed Form IAP-66, showing in Block 3 the date of 
the period for which reinstatement is sought, i.e., the new program end 
date;
    (iii) A copy of the receipt showing that the Public Law 104-208 fee 
has been paid; and,
    (iv) A written statement (and documentary information supporting 
such statement):
    (A) Declaring that the exchange visitor is pursuing or was at all 
times intending to pursue the original exchange visitor program 
activity for which the exchange visitor was admitted to the United 
States; and,
    (B) Showing that the exchange visitor failed to maintain valid 
program status due to circumstances beyond the control of the exchange 
visitor, or from administrative delay or oversight, inadvertence, or 
excusable neglect on your part or the exchange visitor's part; or,
    (C) Showing that it would be an unusual hardship to the exchange 
visitor if we do not grant the reinstatement to valid program status.
    (2) If you determine that the violation of the regulations is a 
substantive one, and that the exchange visitor has failed to maintain 
valid program status for more than 120 days, then you must apply to us 
for reinstatement of the



exchange visitor to valid program status. Your application must 
include:
    (i) Copies of all the exchange visitor's Forms IAP-66 issued to 
date;
    (ii) A new, completed Form IAP-66, showing in Block 3 the date for 
which reinstatement is sought, i.e., the new program end date;
    (iii) A copy of the receipt showing that the Pub. L. 104-208 fee 
has been paid; and,
    (iv) A written statement (together with documentary evidence 
supporting such statement):
    (A) Declaring that the exchange visitor is pursuing or was at all 
times intending to pursue the exchange visitor program activity for 
which the exchange visitor was admitted to the United States; and,
    (B) Showing that the exchange visitor failed to maintain valid 
program status due to circumstances beyond the control of the exchange 
visitor, or from administrative delay or oversight, inadvertence, or 
excusable neglect on your part or the exchange visitor's part; and,
    (C) Showing that it would be an unusual hardship to the exchange 
visitor if we do not grant the reinstatement to valid program status.
    (i) How will we notify you of our decision on your request for 
reinstatement? (1) If we deny your request for reinstatement, we will 
notify you by letter.
    (2) If we approve your request for reinstatement, we will notify 
you:
    (i) By stamping Box 6 on the new Form IAP-66 to show that 
reinstatement was granted, effective as of the date on which the 
application for reinstatement was received by the Exchange Visitor 
Program Services office; and
    (ii) By returning the new Form IAP-66 for the exchange visitor.
    (j) How long will it take us to act on your request for 
reinstatement? We will act on your request for reinstatement within 
forty-five days from the date on which we receive the request and 
supporting documentation.
    (k) Are you required to notify us each time that you correct a 
record? No special notification is necessary. Submission of the 
notification copy of Form IAP-66 to the Agency serves as notice that a 
record has been corrected. Following the regulations in this part in 
issuing a letter or document serves as correction in the sponsor's file 
for those items not normally sent to the Agency under existing 
notification procedures.