Study & studentsProposalMedium impactVerified

United States Student Visas

🇺🇸 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 Reinstatement to Valid Program Status (22 CFR 62.45): * Outdated requirements are eliminated, and updated procedures are introduced, leveraging current SEVIS functionality.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 Department of State proposes changes to the Exchange Visitor Program (J visa category). The proposed rule clarifies conditions for terminating an exchange visitor's programme, authorises the Department to terminate programmes in limited circumstances, and modifies the extension of programme and reinstatement processes by eliminating outdated requirements and introducing updated procedures using SEVIS functionality. It also adds definitions for "Unauthorized Employment" and "Valid Program Status" and rescinds the separate extension provision for au pairs.

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 are in part C of 22 Code of Federal Regulations (CFR) Part 62. The former U.S. Information Agency (USIA) last changed these rules in 1999. This was done through a temporary rule that asked for public comments (see 64 Federal Register 44123, 13 August 1999). This 1999 rule replaced a policy statement from 24 April 1997. The 1999 rules were made for a time when most work was done on paper. This was before the Student and Exchange Visitor Information System (SEVIS) was widely used.

After

The U.S. Department of State (Department) suggests the following changes to 22 Code of Federal Regulations (CFR) Part 62 for the Exchange Visitor Program: Ending Program Participation (22 CFR 62.40): * Programme sponsors must end an exchange visitor's programme if the visitor lies or does not give full and true answers, information, or papers. This applies during the application process or while in the programme. * The Department can choose to end an exchange visitor's status. This happens if the Department or the Department of Homeland Security (DHS) cancels their visa right away. If this happens, the person must leave the country at once. If they do not, they risk being removed. * The Department can also end an exchange visitor's programme if the visitor lies or does not give full and true answers, information, or papers. This applies during the application process or while in the programme. * Exchange visitors can challenge the Department's decision to end their programme. This applies if the programme ended because of unauthorised employment or because they gave false information or papers. They must send a written statement against the decision within 10 business days of getting the Department's written notice. Challenges cannot be based on hardship or other personal reasons. Extending a Programme (22 CFR 62.43): * The process for extending programmes will be simpler and linked with the Student and Exchange Visitor Information System (SEVIS). This applies to extensions both within and beyond the longest allowed time. * A deadline is set for sending in requests for extension. This is especially for extensions past the maximum time allowed. * The Department must get all supporting papers for electronic extension applications sent through SEVIS. These papers must arrive no later than three months before the programme ends. Getting Back to Valid Program Status (22 CFR 62.45): * Old rules are removed. New steps are added that use current 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 the law much stricter in the Exchange Visitor Program. If you are an exchange visitor, giving false information or not giving true answers could now cause your sponsor to end your programme. The U.S. Department of State (Department) could also choose to end your programme. This means you might have to leave the U.S. right away if your visa is cancelled. You can challenge decisions to end your programme for unauthorised employment or giving false information. But you only have 10 business days to do so. You cannot base your challenge on personal hardship. If you want to extend your programme, new deadlines and rules that use the Student and Exchange Visitor Information System (SEVIS) will mean you must send in your requests in a more organised and timely way. These changes together aim to make programmes more honest and keep the country safe. Because of this, all participants must 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 wants to change rules for the Exchange Visitor Program (J visa category). The new rules make clear why an exchange visitor's programme might end. They let the Department end programmes in certain situations. They also change how programmes are extended and how visitors get back to valid programme status. They remove old rules and add new ways to use the Student and Exchange Visitor Information System (SEVIS). The rules also add definitions for "Unauthorized Employment" and "Valid Program Status." They remove the separate rule for extending au pair programmes.

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