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 Secretary’s 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 Department’s 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 sponsor’s 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.