| DOS Proposes Changes to
Exchange Visitor Program for Professors and Research Scholars
Cite as “Posted on AILA InfoNet at Doc. No. 02070202 (July 5, 2002 ).”
[Federal Register: June 27, 2002 (Volume 67, Number 124)]
[Proposed Rules]
[Page 43264-43265]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jn02-25]
============================================= Proposed Rules
Federal Register
_____________________________________
This section of the FEDERAL REGISTER contains notices to the public of the proposed
issuance of rules and regulations. The purpose of these notices is to give interested
persons an opportunity to participate in the rule making prior to the adoption of the
final rules.
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[[Page 43264]]
DEPARTMENT OF STATE
22 CFR Part 62
[Public Notice 4054]
Participation in the Exchange Visitor Program as Professor
and Research Scholar
AGENCY: Department of State.
ACTION: Proposed rule with request for comment.
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SUMMARY: The Department is proposing to amend its existing
regulations governing participation in the Exchange Visitor Program as a professor and
research scholar. These proposed amendments will extend the duration of program
participation from three years to five years and eliminate program extensions beyond the
five-year period. Limitations governing the eligibility for program participation of
professor and research scholar participants are also included. These limitations enhance
the integrity and programmatic effectiveness of the Exchange Visitor Program.
DATES: Written comments regarding this rule will be
accepted until July 29, 2002.
ADDRESSES: Comments regarding this rule must be presented
in duplicate and addressed as follows: U.S. Department of State, Office of Exchange
Coordination and Designation, Bureau of Educational and Cultural Affairs, 301 4th Street,
SW., Room 852, Washington, DC 20547.
FOR FURTHER INFORMATION CONTACT: Stanley S. Colvin, Acting
Director, Office of Exchange Coordination and Designation, U.S. Department of State, 301
Fourth Street, SW., Room 852, Washington, DC 20547; telephone (202) 401-9810; fax (202)
401-9809.
SUPPLEMENTARY INFORMATION: Since 1949, a three-year period
of program duration has been afforded to professors and research scholars participating in
Department-designated exchange visitor programs. During the development of comprehensive
rules published in 1993, numerous comments were received suggesting that the period of
program duration for professors and research scholars should be greater than three years.
In recent consultation with the academic community, there has once again been great
interest in extending the program duration for this category.
Accordingly, the Department proposes to amend existing regulatory provisions under
the professor and research scholar category at section 22 CFR 62.20(i) to permit a maximum
duration of program participation of five years. Calculation of the five years shall begin
from the initial program start date listed on the DS-2019 pursuant to which professor or
research scholar participant status is acquired and shall end five years from that date.
(Example: July 1, 2002-July 1, 2007). It shall include time spent outside the United
States. With this change to the length of program duration, the Department is of the
opinion that extensions beyond the proposed five-year maximum period of program duration
will be inappropriate. Therefore, the Department proposes the deletion of section 22 CFR
62.20(j) regarding extensions to the professor and research category. If adopted, these
amendments would also permit program sponsors to extend a current participant's program up
to the maximum program duration of five years. Extensions beyond the duration of
participation are not permitted under this category.
The Department also proposes to limit repeated program participation. No individual
who has been afforded a five-year period of program participation as a professor or
research scholar will be eligible for repeat participation in the professor or research
scholar category for a period of two years from the end date of his/her prior program.
This provision is proposed to ensure that the reciprocal exchange objectives underlying
the Exchange Visitor Program are met, and that the exchange visitor's visa is not misused
for long-term employment purposes.
The twelve-month bar will remain as stated in section 22 CFR 62.20(d)(ii). This
regulation places a twelve-month bar from continued program participation upon individuals
who have been physically present in the United States for all or part of the twelve months
immediately preceding their commencement of program participation as a professor or
research scholar. However, 22 CFR 62.20(d)(ii) does provide exceptions to the application
of the twelve-month bar including one for prospective participants who have previously
participated in the Exchange Visitor Program as short-term scholars.
The Department invites comments regarding this proposed rule. The Department will
accept comments for 30 days following publication of this proposed rule. A final rule will
be adopted following Department review of all comments received and coordination with the
adoption of the Student and Exchange Visitor Information System (SEVIS).
Regulatory Analysis and Notices
Administrative Procedure Act
The Department is publishing this rule as a proposed rule,
with a 30-day provision for post-promulgation public comments, based on the ``good cause''
exceptions set forth at 5 U.S.C. 553(b)(3)(B) and 553(d)(3). The proposed changes will
provide notice and a comment period prior to adoption of this rule.
Regulatory Flexibility Act
The Department of State, in accordance with the Regulatory
Flexibility Act (5 USC 605(b)), has reviewed this regulation and, by approving it,
certifies that this rule is not expected to have a significant economic impact on a
substantial number of small entities.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State,
local and tribal governments, in the aggregate, or by the private sector, of $100 million
in any year and it will not significantly or uniquely affect small governments. Therefore,
no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act
of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 804 of
the Small Business Regulatory Enforcement Act of 1996. This rule will not result in an
annual effect on the economy of $100 million or more; a major increase in costs or prices;
or significant adverse effects on competition, employment,
[[Page 43265]]
investment, productivity, innovation, or on the ability of
United States-based companies to compete with foreign-based companies in domestic and
export markets.
Executive Order 12866
The Department of State does not consider this rule to be a
``significant regulatory action'' under Executive Order 12866, section 3(f), Regulatory
Planning and Review. In addition, the Department is exempt from Executive Order 12866
except to the extent that it is promulgating regulations in conjunction with a domestic
agency that are significant regulatory actions. The Department has nevertheless reviewed
the regulation to ensure its consistency with the regulatory philosophy and principles set
forth in that Executive Order.
Executive Order 13132
This regulation will not have substantial direct effects on
the States, on the relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of government.
Therefore, in accordance with section 6 of Executive Order 13132, it is determined that
this rule does not have sufficient federalism implications to require consultations or
warrant the preparation of a federalism summary impact statement.
Paperwork Reduction Act
This rule does not impose any new reporting or
record-keeping requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 35.
List of Subjects in 22 CFR Part 62
Cultural exchange programs.
Accordingly, 22 CFR part 62 is proposed to be amended as
follows:
PART 62--EXCHANGE VISITOR PROGRAM
1. The authority citation for part 62 continues to read as
follows:
Authority: 8 U.S.C. 1101(a)(15)(J), 1182, 1184, 1258; 22
U.S.C. 1431-1442, 2451-2460; Foreign Affairs Reform and Restructuring Act of 1998, Pub. L.
105-277, 112 Stat. 2681 et seq.; Reorganization Plan No. 2 of 1977, 3 CFR, 1977 Comp.
p.200; E.O.12048 of March 27, 1978; 3 CFR, 1978 Comp. p. 168.
2. Amend Sec. 62.20 by revising paragraph (i) and removing
paragraph (j) to read as follows:
Sec. 62.20 Professors and research scholars.
* * * * *
(i) Duration of participation. The permitted
duration of program participation for a professor or research scholar shall be as follows:
(1) General limitation. The professor and research scholar shall be authorized to
participate in the Exchange Visitor Program for the length of time necessary to complete
his or her program, which time shall not exceed five years. The five-year period of
permitted program participation shall begin with the initial program start date listed on
the DS-2019 pursuant to which professor or research scholar participant status is acquired
and shall end five years from such date. It shall include time spent outside the United
States.
(2) Repeat Participation. Individuals who have entered the United States under the
Exchange Visitor Program as a professor or research scholar, or who have acquired such
status while in the United States shall not be eligible for repeat participation as a
professor or research scholar for a period of two years.
(3) Change of category. A change between the categories of professor and research
scholar shall not extend an exchange visitor's permitted period of participation beyond
five years.
(4) Extensions beyond the duration of participation are not permitted under this
category.
Dated: June 4, 2002.
Patricia S. Harrison,
Assistant Secretary, Bureau of Educational and Cultural Affairs,
Department of State.
[FR Doc. 02-16157 Filed 6-26-02;
8:45 am]
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