State Department Rewrites Visa Rules, Ends Special Au Pair Extensions
Published Date: 7/30/2026
Proposed Rule
Summary
The Department of State is updating rules for the Exchange Visitor Program, which affects sponsors and J-visa visitors like students and au pairs. They’re clarifying when programs must end, updating how extensions and reinstatements work using new tech, and removing old rules, including ending special extensions for au pairs. These changes aim to make the process smoother and more current, with a 60-day public comment period starting July 30, 2026.
Analyzed Economic Effects
7 provisions identified: 1 benefits, 5 costs, 1 mixed.
Immediate Termination for Dishonest Applications
If you are a J‑visa exchange visitor, your sponsor must terminate your program if you falsify or fail to provide full and truthful information or documents as part of your application or during the program. Termination under this rule ends your program participation and can affect your ability to stay in the United States.
Department May Terminate After Visa Revocation or Unauthorized Work
The Department may terminate an exchange visitor when the Department or DHS revokes or cancels the visitor's visa with immediate effect, or when the visitor engages in unauthorized employment. If the Department or DHS revokes or cancels the visa with immediate effect, the visitor must leave the country or risk removal.
Extensions Beyond Maximum Need 90‑Day Advance and Fee
Sponsors seeking a program extension beyond a category's maximum must submit the extension request through SEVIS and email supporting documents to the Department no later than three months (90 days) before the requested extension period begins; late submissions are not accepted. Such requests must include proof of payment of the non‑refundable extension fee (the regulation cites a $367 fee per application) and must adequately justify the extension.
30‑Day SEVIS Correction Window; Reinstatement Fee and Limits
Sponsors must use the SEVIS 'Correct SEVIS Status' action within 30 days from an incorrect status change to restore Active or Inactive status at no Department fee; if they cannot, they must submit a Reinstatement application in SEVIS, email supporting documents within 10 calendar days, and pay a non‑refundable reinstatement fee (the rule cites $367 per application). The Department will generally consider reinstatement to Active status only if the visitor has not been out of status longer than the DHS policy period (currently five months), except for exceptional circumstances. Reinstatement will not be considered for cases such as unauthorized employment or failure to maintain required insurance.
Fee Scale and Annual Cost Estimates for Sponsors
The Department cites a $367 per‑application fee and estimates processing an average of about 14,563 extension‑beyond‑maximum requests annually (yielding about $5,344,871 in annual cost recovery) and an average of 155 reinstatement requests annually (yielding about $56,885 in annual cost recovery). Sponsors filing these requests bear these per‑application costs.
10‑Day Challenge Right for Termination Notices
If the Department gives you written notice of intent to terminate for unauthorized employment or falsifying information, you may submit a written statement in opposition within 10 business days. Sending that statement pauses (stays) the termination while the Deputy Assistant Secretary decides, but you may not appeal on hardship or other equitable grounds and the Deputy Assistant Secretary's decision is final.
Au Pair Extensions Move to 90‑Day Process with Extra Docs
Au pair extension requests (for six, nine, or 12 months) must follow the general extension process, be submitted through SEVIS with supporting documentation at least 90 days before the requested extension period, and include additional sponsor letterhead documentation verifying the au pair's identity, SEVIS ID, extension length, and that the educational requirements of the initial program were completed.
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Key Dates
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