10 FAM 250
PRIVATE SECTOR EXCHANGE
(CT:PEC-28; 12-28-2015)
(Office of Origin: ECA)
10 FAM 251 Authority and Purpose
(CT:PEC-28; 12-28-2015)
a. Authority: The Secretary of State facilitates the
Exchange Visitor Program (EVP) in accordance with the Mutual Educational and
Cultural Exchange Act of 1961 (the Act), as amended, Public Law 87256, 22
U.S.C. 2451, et seq. (1988). These exchanges are defined by section 102 of the
Act, 22 U.S.C. 2452, and section 101(a)(15)(J) of the Immigration and
Nationality Act, as amended, 8 U.S.C. 1101(a)(15)(J).
b. Purpose: The purpose of the EVP is to provide
foreign nationals with opportunities to participate in educational and cultural
programs in the United States and then return home to share their experiences,
and to encourage Americans to participate in educational and cultural programs
in other countries. The Deputy Assistant Secretary (DAS) for Private Sector
Exchange is responsible for managing and implementing statutory authorities
vested in the Secretary of State and delegated, through the Under Secretary for
Public Diplomacy and Public Affairs, to the Assistant Secretary for Educational
and Cultural Affairs to facilitate the EVP (see 1 FAM 346). EVP
activities are specified in 22 CFR Part 62, including designating public and
private entities to act as EVP sponsors for use of the "J" (Exchange
Visitor) non-immigrant visa classification to bring alien physicians, au pairs,
camp counselors, interns, trainees, summer work/travel program participants,
college/university students, teachers, professors, short-term and research
scholars, government visitors, international visitors, secondary school
students, and specialists to the United States;
c. Additional authority to conduct, monitor, and
coordinate EVP activities is included in the following legislative acts:
(1) Summer Work Travel Statutory Authority (Public Law
105-277);
(2) Au Pair Statutory Authority (Public Law 105-48);
(3) USA PATRIOT ACT of 2001 (Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism Act of 2001) (Public Law 107-56); Section 416. Foreign student
monitoring program;
Enhanced Border Security and Visa Entry Reform Act of
2002 (Public Law 107-173), Section 501, Foreign Student Monitoring Program
(SEVIS).
d. Authority for the Bureau of Educational and Cultural
Affairs to monitor compliance with regulatory requirements of the Exchange
Visitor Program (EVP) is included in 22 CFR Part 62. Authority to monitor
resides in ECA/EC through its four operational offices: Office of Private
Sector Exchange (ECA/EC); Office of Private Sector Exchange Designation
(ECA/EC/D); Office of Private Sector Exchange Program Administration (ECA/EC/OPA),
and Office of Private Sector Exchange Coordination and Compliance (ECA/EC/ECC).
10 FAM 252 Structure and Organization
(CT:PEC-28; 12-28-2015)
Private Sector Exchange has four (4) offices:
(1) Office of Private Sector Exchange (ECA/EC);
(2) Office of Private Sector Exchange Designation
(ECA/EC/D);
(3) Office of Private Sector Exchange Program
Administration (ECA/EC/OPA); and
(4) Office of Private Sector Exchange Coordination and
Compliance (ECA/EC/ECC).
10 FAM 252.1 Office of Private
Sector Exchange Program, Policy and Program Support Unit, ECA/EC
(CT:PEC-28; 12-28-2015)
The Office of Private Sector Exchange, Policy and Program
Support Unit (ECA/EC) is responsible for developing policy and regulations that
guide and direct the EVP as well as ensure all offices within ECA/EC have the
appropriate and sufficient resources to support their mission. In order to
fulfill these responsibilities, ECA/EC Policy and Program Support Unit:
(1) Evaluates program, category, and sponsor-specific
data from the Student and Exchange Visitor Information System (SEVIS), annual
management audits, surveys of exchange visitor participants, and data requests
to track program statistics, identify systemic compliance issues, and detect
sponsor trends;
(2) Develops, drafts, and clears all required EVP
regulatory documents;
(3) Tracks, coordinates, drafts, and clears responses
to Congressional, Office of Management and Budget (OMB), and Office of
Inspector General (OIG) inquiries; public requests for information under the
Freedom of Information Act (FOIA); and, any other requests for information from
the general public;
(4) Establishes relationships with and liaises with
Department regional bureaus and overseas posts on EVP alumni engagement and
other EVP initiatives;
(5) Researches, drafts, and coordinates any
country-to-country EVP memoranda of agreement;
(6) Designs, administers, and analyzes all EVP forms
and participant surveys;
(7) Researches, prepares, and coordinates memoranda,
briefing checklists (BCLs), comments for public release, conference
participation and presentation, and other EVP related documents;
(8) Establishes ECA/EC strategic goals and objectives,
propose new program approaches and components;
(9) Analyzes ECA/EC resources to include funding,
manpower, and equipment in order to ensure sufficient resources are available
to support mission needs;
(10) Researches, drafts, and establishes standard
operating procedures (SOPs) applicable to all four offices as well as review,
coordinate, and clear all ECA/EC/D, ECA/EC/OPA, and ECA/EC/ECC specific SOPs;
(11) Establishes and monitors general ECA/EC contracts
as well as provide direction to all contracting officer representatives (CORs)
within all four offices;
(12) Researches, drafts, and coordinates Deputy Assistant
Secretarys travel and conference participation to include preparation and
clearance of remarks and travel arrangements; and
(13) Establishes and maintains the J1 Visa web page,
blog, and all other public interface via social media applications.
10 FAM 252.2 Office of Private
Sector Exchange Designation, ECA/EC/D
(CT:PEC-22; 01-04-2013)
The Office of Private Sector Exchange Designation
(ECA/EC/D) consists of two divisions: Division of Academic and Government
Designation (ECA/EC/D/AG) and Division of Private Sector Designation
(ECA/EC/D/PS). ECA/EC/D:
(1) Reviews and evaluates requests of academic
institutions, public and private-sector organizations, and government entities
for designation as an exchange visitor program sponsor. Reviews and evaluates
applications from designated sponsors for re-designation every two years,
including sponsor recordkeeping requirements of the Student and Exchange
Visitor Information System (SEVIS). Makes recommendation on approvals,
denials, or referrals to ECA/EC/OPA or ECA/EC/ECC for further monitoring or
action;
(2) Organizes and conducts initial and re-designation
on-site inspections (OSIs) of potential new EVP sponsor organizations and those
previously designated, to measure their continued eligibility as a sponsor with
established Department policy and statutory and regulatory requirements;
(3) Reviews and approves or denies requests from EVP
sponsors on behalf of exchange visitors for reinstatement or extensions of
their program status, changes of program category and program transfers in
accordance with the Exchange Visitor Program regulations, 22 CFR Part 62;
(4) Maintains close, day-to-day liaison with
designated EVP sponsors on all aspects of EVP administration. Conducts sponsor
outreach through public events, guidance directives, e-mail communication. The
office monitors the ECA/EC jvisas@state.gov public mailbox and responds quickly
and efficiently to correspondence from EVP participants and/or the general
public;
(5) Continuously reviews EVP policies and regulations;
and recommends possible changes to ECA/EC, ECA/EC/OPA, ECA/EC/ECC, and the
ECA/EC DAS;
(6) Reviews and evaluates management reviews submitted
by designated EVP sponsors; and
(7) Reviews and evaluates exchange visitor placement
and annual reports.
10 FAM 252.3 Office of Private
Sector Exchange Program Administration, ECA/EC/OPA
(CT:PEC-28; 12-28-2015)
The Office of Private Sector Exchange Program
Administration (ECA/EC/OPA):
(1) Monitors and assists designated EVP sponsors to
enforce and ensure and ensure full compliance with established Department
policy and statutory and regulatory requirements, with the objective of
safeguarding to the greatest extent possible the health, safety and welfare of
all EVP exchange visitors;
(2) Reviews and resolves all complaints and incidents
related to the EVP and reported to the Department. Action involves
ascertaining the severity of the issues in the complaint or incident report
based on concrete criteria. If possible, works with EVP sponsors to evaluate
and make improvements to the areas of concern identified in the incident or
complaint reports. If there is abundant evidence that any EVP sponsor, or
entities or individuals with whom it has a program contract, has committed
regulatory violations or criminal activity, immediately submits the matter to
ECA/EC/ECC to review for potential action;
(3) Maintains the Departments formal record of
complaints and incidents in the Case Management System as a historical record
used for multiple purposes, including, but not limited to, ECA/EC/OPA program
maintenance and review, consideration for Re-Designation actions by ECA/EC/D,
and for consideration during investigations by ECA/EC/ECC;
(4) Reviews sponsor recordkeeping requirements of the
Student and Exchange Visitor Information System (SEVIS);
(5) Reviews EVP policies and recommends policy changes
to the ECA/EC DAS and other ECA/EC office directors;
(6) Conducts field site reviews of EV sites of
activities for monitoring and responses to incidents and complaints; and,
(7) Coordinates with terminated sponsors and currently
active participants after program termination to determine participants are
being provided adequate oversight and monitoring.
10 FAM 252.4 Office of Private
Sector Exchange Coordination and Compliance, ECA/EC/ECC
(CT:PEC-28; 12-28-2015)
The Office of Private Sector Exchange Coordination and
Compliance (ECA/EC/ECC):
(1) Maintains sole authority to recommend appropriate
sanctions of designated sponsors to the ECA/EC DAS;
(2) Organizes and conducts both on-site and electronic
sponsor reviews to measure compliance with established Department policy and
statutory and regulatory requirements;
(3) Investigates serious complaints received from
ECA/EC/OPA, the general public and/or EVP participants. When an investigation
determines that a designated sponsor has demonstrated a lack of compliance with
established Department EVP policies or statutory and regulatory requirements,
ECA/EC/ECC recommends sanctions. Investigates referrals from ECA/EC/D on
matters related to a sponsors continued eligibility. Suspected criminal
activity will be reported to and coordinated with the appropriate criminal
investigative office(s);
(4) Monitors and enforces all aspects of designated
sponsor compliance with the requirements of the SEVIS operated by the
Department of Homeland Security (DHS). ECA/EC/ECC works closely with DHS to
perfect and deploy SEVIS and its successor systems and to ensure its use by
designated sponsors;
(5) Reviews and evaluates ECA/EC directorate
compliance with internal program controls;
(6) Maintains all required liaison with other
Department of State bureaus and U.S. Government agencies regarding sanctions
and serious complaints related to the EVP;
(7) Reviews EVP policies and recommends policy changes
to the ECA/EC DAS and other ECA/EC office directors; and
(8) Monitors sponsors sanctioned with lesser sanctions
to ensure improved regulatory compliance.
10 FAM 253 Sanction and Termination
Activities
(CT:PEC-28; 12-28-2015)
a. 22 CFR Part 62 Subpart D, Section 62.50, describes
the types of sanctions ECA/EC/ECC may recommend in the event that a designated
sponsor is found to have failed to comply with the requirements of 22 CFR Part
62.
b. 22 CFR Part 62 Subpart E, Section 62.60, describes
situations in which ECA may terminate or revoke the designation of an EVP
sponsor.
c. Search for the term "sanctions" within
the J-1 Visa website for a listing of all sanction actions taken by ECA/EC.