Rules and Infractions

Minor or Technical Infractions

These include, but are not limited to: failure to 1) extend a participant's program before the end date on the Form DS-2019; 2) process a program transfer prior to the end date on the Form DS-2019; or 3) receive approval and an amended Form DS-2019 prior to accepting an honorarium or other type of payment for an allowable activity.

The responsible officer may correct the participant's record within 120 days of the stated end date of the participant's program by issuing a new Form DS-2019 that 1) shows continued authorized stay without interruption; 2) indicates the appropriate purpose code and the additional notation "correct the record"; and 3) is dated as of the date the adjusted Form DS-2019 is executed.

Substantive Infractions

These are: 1) failure to maintain valid program status for more than 120 calendar days after the program end date indicated on the Form DS-2019; and, if the participant is a student, 2) failure to maintain a full course of study without prior consultation with (and approval of) the responsible officer or the alternate responsible officer of the sponsor and with the student's academic advisor.

The responsible officer must apply to the Department of State for reinstatement on behalf of the participant. The petition should include: 1) all copies of the participant's Forms DS-2019 issued to date; 2) a new, completed Form DS-2019, showing in Block 3 the new program end date; a copy of the receipt showing that the Public Law 104-208 fee has been paid; a written statement with supporting documentation justifying the request. The statement should 1) declare that the exchange visitor is pursuing at all times the activity for which he or she entered the United States; and show that 2) the participant's failure to maintain valid program status was due to circumstances beyond his or her control or to administrative delay or oversight; and 3) it would be an unusual hardship to the participant if the Department of State does not grant the reinstatement to valid program status.

A nonrefundable fee of $367 is payable to the US Department of State. Program regulations provide additional information on the application process for reinstatement petitions due to substantive infractions.

Non-Reinstatable Infractions

The following infractions preclude reinstatement. Applications for reinstatement submitted to the Department of State showing any of these infractions will be denied: 1) willful and knowing failure to comply with program insurance requirements; 2) unauthorized employment; 3) involuntary suspension or termination from the most recent exchange visitor program; 4) failure to maintain valid program status for more than 270 calendar days; 5) receipt of a favorable recommendation from the Department of State on an application for waiver of section 212(e) of the Immigration and Nationality Act [8 USC 1182(e); and 6) failure to pay the Public Law 104-208 fee.

The information provided here summarizes the reinstatement regulations. Refer to the regulations for additional details and application procedure. [22 CFR 62.45]