The United States Department of State has recently proposed significant modifications to the Exchange Visitor Program (EVP), aiming to expand the termination of J-1 exchange visitor programs and empowering authorities to require individuals to leave the United States. If exchange visitors provide false or incomplete information, engage in unauthorized work, or have their visas immediately revoked by the Department of State or Department of Homeland Security, related J-1 programs may be terminated, and individuals may be required to leave the U.S. or face deportation proceedings.
The “Notice of Proposed Rulemaking” was published in the Federal Register on July 30, initiating a 60-day public comment period. The new regulations have not yet been formally implemented.
The Department of State pointed out that many of the existing rules governing J-1 exchange visitor programs have not seen significant updates since 1999 when paper-based operations were common. This proposal aims to align with the current Student and Exchange Visitor Information System (SEVIS) to enhance data accuracy, program management efficiency, visitor welfare, and national security.
According to the drafted regulations, if a J-1 exchange visitor falsifies data or documents during the application process or program participation, the program sponsor will be required to terminate their exchange program.
In cases where a J-1 visa is revoked by the Department of State or Department of Homeland Security and takes immediate effect, the Department of State may further terminate the exchange program, causing the individual to lose their J-1 status and requiring them to depart from the country, or else facing deportation proceedings.
False information may include details about residential addresses in the U.S., educational qualifications, compliance with attendance requirements at designated schools or activities, and other information to maintain J-1 eligibility.
Existing regulations already specify several grounds for mandatory program termination, such as failure to maintain medical insurance, engaging in unauthorized work, or not participating in program-related activities as required. The new regulations add providing false, incomplete, or inaccurate information as a new basis for mandatory termination.
The new regulations explicitly include “unauthorized work” as a valid reason for program termination. This encompasses work that is not authorized under the Immigration and Nationality Act or by the immigration authorities, work beyond approved scope or duration, and applies to both J-1 exchange visitors and their J-2 dependents.
For termination decisions made by the Department of State due to unauthorized work or providing false or incomplete information, the new rules establish a limited appeals process. The Department of State will provide written notice at least 30 days in advance, allowing individuals to submit objections within 10 working days after receiving the notification. During the review process, the termination decision will be temporarily stayed pending final determination by the Deputy Assistant Secretary of State for Private Exchange Affairs.
However, individuals may not solely invoke personal difficulties or fairness considerations as grounds to overturn termination decisions, and there will be no further administrative appeal process beyond the final determination.
If individuals engage in unauthorized work, fail to maintain required medical insurance, are placed on mandatory suspension or have their program terminated by the sponsor, have been approved for conversion to another non-immigrant status, or no longer meet the original objectives of the exchange program, the sponsor cannot apply for reinstatement of their program status.
The Department of State emphasizes that this proposal will strengthen the responsibility of program sponsors in overseeing participants and ensure that SEVIS data is timely and accurate. J-1 exchange visitors should be particularly vigilant, ensuring that their address, education, attendance, work, and other identity information is complete and truthful, as any unauthorized work or inconsistent information may affect their program eligibility and legal status in the U.S.