Study & studentsProposalMedium impactVerified

Exchange Visitor Program-Termination of Program Participation, Extension of Program and Reinstatement to Valid Program S

🇺🇸 United StatesStudent Visas1 recorded versionLast change 30 Jul 2026
ConfidenceVery high · 100%

Current rules

The U.S. Department of State (Department) proposes the following changes under 22 CFR Part 62 for the Exchange Visitor Program: Termination of Program Participation (22 CFR 62.40): * Sponsors must terminate an exchange visitor's programme if the exchange visitor falsifies or fails to provide full and truthful responses, information, or documents during the application process or ongoing programme. * The Department may, at its discretion, terminate an exchange visitor's status if the Department or Department of Homeland Security (DHS) revokes or cancels their visa with immediate effect. In such cases, the individual must immediately leave the country or risk removal. * The Department may also terminate an exchange visitor's programme if the exchange visitor falsifies or fails to provide full and truthful responses, information, or documents during the application process or ongoing programme. * Exchange visitors may challenge the Department's termination decision for unauthorised employment or falsifying information/documentation by submitting a statement in opposition within 10 business days of the Department's written notice. Challenges cannot be based on hardship or other equitable considerations. Extension of Program (22 CFR 62.43): * Processes for programme extensions, both within and beyond maximum durations, are streamlined and integrated with Student and Exchange Visitor Information System (SEVIS) functionalities. * A deadline is established for submitting extension requests, particularly for extensions beyond the permitted maximum duration. * The Department must receive supporting documentation for electronic extension applications submitted in SEVIS no later than three months prior to the program's end. Reinstatement to Valid Program Status (22 CFR 62.45): * Outdated requirements are eliminated, and updated procedures are introduced, leveraging current SEVIS functionality. Definitions: * New definitions for "Unauthorized Employment" and "Valid Program Status" are added to 22 CFR Part 62.

Overview

The U.S. Department of State (Department) is proposing new rules for the Exchange Visitor Program (J visa category), affecting how programme participation can be terminated, how programmes can be extended, and how visitors can be reinstated to valid programme status. The Proposed Rule clarifies conditions for mandatory and discretionary programme termination, integrates SEVIS functionalities for extensions, and updates reinstatement procedures by eliminating outdated requirements. These changes apply to exchange visitors on J-1 visas and their accompanying J-2 spouses and dependents.

Who is affected by the latest change

  • If approved, the proposal would affect:
  • J-1 exchange visitors
  • J-2 spouses and dependents
  • Exchange Visitor Program sponsors
  • Responsible officers and alternate responsible officers
  • Organisations hosting exchange visitors
  • Au pair programme sponsors
  • Department of State officials who manage the Exchange Visitor Program

What changed in the latest version

Before

The rules for the Exchange Visitor Program (part C of 22 CFR Part 62) were last changed in 1999. The former U.S. Information Agency (USIA) made these changes with a temporary final rule, asking for comments (64 FR 44123, 13 August 1999). This 1999 rule replaced an earlier policy statement from 24 April 1997. The 1999 rules were made for a system that used paper. This was before the Student and Exchange Visitor Information System (SEVIS) was widely used.

After

The U.S. Department of State (Department) proposes the following changes under 22 CFR Part 62 for the Exchange Visitor Program: Ending Programme Participation (22 CFR 62.40): * Programme sponsors must end an exchange visitor's programme if the exchange visitor gives false information, or does not give full and true answers, information, or documents during the application or during the programme. * The Department may choose to end an exchange visitor's status if the Department or the Department of Homeland Security (DHS) cancels their visa immediately. If this happens, the person must leave the country at once or face removal. * The Department may also end an exchange visitor's programme if the exchange visitor gives false information, or does not give full and true answers, information, or documents during the application or during the programme. * Exchange visitors can challenge the Department's decision to end their programme for unauthorised employment or for giving false information/documents. To do this, they must send a statement of disagreement within 10 working days of the Department's written notice. Challenges cannot be based on personal difficulties or other unfair reasons. Extending a Programme (22 CFR 62.43): * The processes for extending programmes, both within and beyond the longest possible times, are made simpler. They now use Student and Exchange Visitor Information System (SEVIS) functions. * There is now a deadline for sending in requests for extensions, especially for extensions beyond the longest possible time. * The Department must get supporting documents for electronic extension applications sent through Student and Exchange Visitor Information System (SEVIS) at least three months before the programme ends. Getting back to Valid Programme Status (22 CFR 62.45): * Old rules are removed. New ways of working are added, using current Student and Exchange Visitor Information System (SEVIS) functions. Definitions: * New definitions for "Unauthorized Employment" and "Valid Program Status" are added to 22 CFR Part 62.

This proposed rule matters because it makes the rules for honesty and following procedures much stricter in the Exchange Visitor Program. If you are an exchange visitor, giving false information or not giving true answers could now lead to your programme being ended by your sponsor. The U.S. Department of State (Department) could also choose to end it. This means you might have to leave the U.S. straight away if your visa is cancelled. You can now only challenge decisions to end your programme for unauthorised employment or for giving false information within 10 working days. You cannot base your challenge on personal difficulties. For those who want to extend their programme, new deadlines and Student and Exchange Visitor Information System (SEVIS)-linked rules will mean you must send in your documents more carefully and on time. These changes together aim to make the programme more honest and secure for the nation. This makes it important for all people taking part to understand and strictly follow the new rules.

Explained simply

Imagine you're an exchange visitor here in the U.S. for your programme. The U.S. Department of State (Department) is suggesting some updates to the rules that are pretty important for you. Think of it like a sports game: the rulebook is being updated to make sure everyone is playing fairly and that the game runs smoothly. First, if you give any false or incomplete information—whether when you first applied or during your programme—your sponsor (the organisation hosting you) must end your programme. It’s like getting a red card for cheating. The Department can also end your programme if your visa gets cancelled immediately, meaning you’d have to leave the country right away. If you get into trouble for unauthorised employment or giving false info and the Department decides to terminate your programme, you now have a short 10-business-day window to explain yourself. But remember, you can't just say it's tough for you; your appeal must be about the facts of the decision. Second, if you want to stay longer in your programme, the process for extending your stay is getting an upgrade. It will now work more closely with the online system called SEVIS, which tracks exchange visitors. There will also be a new deadline for submitting these extension requests, especially if you want to stay beyond the typical maximum time for your programme. You’ll need to get your paperwork to the Department at least three months before your programme ends. Essentially, these changes are all about making sure everyone is honest, the programme runs securely, and your welfare is looked after. So, always be truthful and keep track of your program's deadlines!

Version history

  1. v1Issued 30 Jul 2026ProposalMedium impact
    Exchange Visitor Program-Termination of Program Participation, Extension of Program and Reinstatement to Valid Program Status

    The Department of State plans to change the Exchange Visitor Program (for J visa categories). The planned rules make clear when an exchange visitor's programme must end. They also let the Department end programmes in specific situations. The rules change how programmes can be extended and how visitors can get their status back. They do this by removing old rules and adding new ways of working with the Student and Exchange Visitor Information System (SEVIS). The rules also add meanings for "Unauthorized Employment" and "Valid Program Status". They remove the separate rule for extending au pair programmes.