State Dept Clarifies Kicking Out Exchange Visitors
Published Date: 7/30/2026
Proposed Rule
Summary
The Department of State's (Department's) Bureau of Educational and Cultural Affairs administers the Exchange Visitor Program, as set forth at 22 CFR part 62, wherein exchange visitors on educational and cultural exchange programs travel to the United States in the J visa category. The Department tracks the status and geographic location of exchange visitors through the Student and Exchange Visitor Information System (SEVIS), a database administered by the Department of Homeland Security. This Notice of Proposed Rulemaking (Proposed Rule) seeks to clarify the conditions under which a sponsor must terminate an exchange visitor's program and authorizes the Department, in its discretion, to terminate an exchange visitor's program in limited circumstances; modifies Extension of Program and Reinstatement to valid program status in their entirety by eliminating outdated requirements and introducing updated procedures that make use of current SEVIS functionality; amends Definitions to include definitions for "Unauthorized Employment" and "Valid Program Status"; and rescinds the separate extension of program provision for au pairs.
Analyzed Economic Effects
3 provisions identified: 1 benefits, 2 costs, 0 mixed.
Sponsor and Department Termination Power
The rule clarifies when a program sponsor must terminate an exchange visitor's J-visa program and also authorizes the Department of State, in its discretion, to terminate an exchange visitor's program in limited circumstances. This change applies to exchange visitors and their program sponsors and explains who can end a visitor's program under the regulations.
Modernize Extensions and Reinstatements
The rule replaces the existing Extension of Program and Reinstatement to valid program status procedures by removing outdated requirements and introducing updated procedures that use current SEVIS functionality. This affects how exchange visitors and sponsors request program extensions and reinstatements through the Department's SEVIS processes.
Au Pair Extension Provision Rescinded
The rule rescinds the separate extension-of-program provision that previously applied specifically to au pairs. This change removes the standalone regulatory extension mechanism that pertained to au pairs under 22 CFR part 62.
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Key Dates
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