How to Administer a Program
In the administration of their programs, sponsors are to comply with the Exchange Visitor Program regulations found at [22 CFR Part 62]. In addition to the general administrative requirements of subpart A, which are applicable to ALL sponsors regardless of the program category or categories for which they are designated, sponsors must also comply with the relevant program category requirements, found in subpart B, according to the categories for which they are designated. Program regulations on adjustments to the J status are found in subpart C. subparts D and E cover sanctions and termination and revocation of programs, respectively.
General Administrative Requirements
Accreditation and Licensure
Staffing and Support Services
Appointment of Responsible and Alternate Responsible Officers
Screening and Selection of Program Participants
Sponsors must require that all exchange visitors (as well as their accompanying spouses and dependents) have insurance in effect that covers them for sickness or accidents during the time of their exchange visitor program. The recent rule increases the minimum coverage to meet today’s medical insurance needs. As of May 15, 2015, minimum coverage must provide medical benefits of at least $100,000 per accident or illness; repatriation of remains in the amount of $25,000; expenses associated with medical evacuation to the exchange visitor’s home country in the amount of $50,000; and deductibles cannot exceed $500 per accident or illness (Section 62.14(a)). Inadequate insurance coverage may be catastrophic for an individual exchange visitor. Thus, the Department increased the requirements.
Program participants and their dependents are required to have medical insurance coverage with the following minimum benefits [22 CFR 62.14].
- Medical benefits of at least $100,000 per accident or illness
- Repatriation of remains in the amount of $25,000
- Expenses associated with the medical evacuation of the exchange visitor to his or her home country in the amount of $50,000
- A deductible not to exceed $500 per accident or illness.
Sponsors are to require that their participants (and any dependents entering the United States as holders of a J-2 visa) have insurance in effect during the period of time they are in the sponsor's program. An insurance policy secured to meet the benefits requirements must be underwritten by an insurance corporation with an A.M. Best rating of "A-" or above, an Insurance Solvency International, Ltd. (ISI) rating of "A-I" or above, a Standard and Poor's Claims Paying Ability rating of "A-" or above, or a Weiss Research, Inc. rating of B+ or above. Alternatively, the sponsor may ascertain that the participant's policy is backed by the full faith and credit of the government of the exchange visitor's home country. For other options, see [22 CFR 62.14].
Program regulations also discuss coverage through HMOs and self-insurance of the above requirements by federal, state or local government agencies, state colleges and universities, and public community colleges, if permitted by law. Refer to [22 CFR 62.14] for additional information.
- Life and customs in the United States
- Local community resources (e.g., public transportation, medical centers, schools, libraries, recreation centers and banks), to the extent possible
- Available health care, emergency assistance, and insurance coverage
- A description of the program in which the exchange visitor is participating
- Rules that the exchange visitors are required to follow under the sponsor's program
- Address of the sponsor and the name and telephone number of the responsible officer
- Address and telephone number of the Office of Private Sector Exchange of the Department of State
- A copy of the Exchange Visitor Program Welcome Brochure.
Pre-Arrival Information [22 CFR 62.10(b)]
- The purpose of the Exchange Visitor Program
- Home-country physical presence requirement
- Travel and entry into the United States
- Fees payable to the sponsor
- Other costs that the exchange visitor will likely incur (e.g., living expenses) while in the United States
- Health care and insurance
- Other information which will assist exchange visitors to prepare for their stay in the United States
Monitoring of Participants
Accountability to the Department of State
Changes in the Participants' J-1 Status
- Appointment or termination of the responsible officer and/or any alternate responsible officers
- Any change of address, telephone number, or facsimile number. (Notification of the changes listed above may be submitted on the DS-3037)
- Changes in the composition of the organization that affect its citizenship
- Major change in ownership or control of the sponsor's organization
- Change in financial circumstances that may render the sponsor unable to comply with its obligations
- Loss of required license and/or accreditation
- Any litigation relevant to the sponsor's program when the sponsor is a party
- Loss or Theft of Forms DS-2019
- Early termination or withdrawal of participants from the program 30 or more days prior to the end date on their Form DS-2019
Serious Problem or Controversy
Program Category Requirements
- Program Duration
- Appropriate Program Activities
- Excluded Activities
- Participant Eligibility/Selection Criteria
- Pre-Arrival Information, including information on any contractual obligations between the participant and the sponsor or an employer (specific to the program category); pay and benefits, if applicable; training plans, multiple placement/program locations; deadlines for submissions of requests for specific placements
- Participant Monitoring, including in some categories, placement
- Requirements for the submission of the Annual Report
- Use of a Placement Report