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.