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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

[Federal Register: June 27, 2002 (Volume 67, Number 124)]
[Proposed Rules]               
[Page 43264-43265]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jn02-25]                         

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================



[[Page 43264]]



DEPARTMENT OF STATE

22 CFR Part 62

[Public Notice 4054]

 
Participation in the Exchange Visitor Program as Professor and 
Research Scholar

AGENCY: Department of State.

ACTION: Proposed rule with request for comment.

-----------------------------------------------------------------------

SUMMARY: The Department is proposing to amend its existing regulations 
governing participation in the Exchange Visitor Program as a professor 
and research scholar. These proposed amendments will extend the 
duration of program participation from three years to five years and 
eliminate program extensions beyond the five-year period. Limitations 
governing the eligibility for program participation of professor and 
research scholar participants are also included. These limitations 
enhance the integrity and programmatic effectiveness of the Exchange 
Visitor Program.

DATES: Written comments regarding this rule will be accepted until July 
29, 2002.

ADDRESSES: Comments regarding this rule must be presented in duplicate 
and addressed as follows: U.S. Department of State, Office of Exchange 
Coordination and Designation, Bureau of Educational and Cultural 
Affairs, 301 4th Street, SW., Room 852, Washington, DC 20547.

FOR FURTHER INFORMATION CONTACT: Stanley S. Colvin, Acting Director, 
Office of Exchange Coordination and Designation, U.S. Department of 
State, 301 Fourth Street, SW., Room 852, Washington, DC 20547; 
telephone (202) 401-9810; fax (202) 401-9809.

SUPPLEMENTARY INFORMATION: Since 1949, a three-year period of program 
duration has been afforded to professors and research scholars 
participating in Department-designated exchange visitor programs. 
During the development of comprehensive rules published in 1993, 
numerous comments were received suggesting that the period of program 
duration for professors and research scholars should be greater than 
three years. In recent consultation with the academic community, there 
has once again been great interest in extending the program duration 
for this category.
    Accordingly, the Department proposes to amend existing regulatory 
provisions under the professor and research scholar category at section 
22 CFR 62.20(i) to permit a maximum duration of program participation 
of five years. Calculation of the five years shall begin from the 
initial program start date listed on the DS-2019 pursuant to which 
professor or research scholar participant status is acquired and shall 
end five years from that date. (Example: July 1, 2002-July 1, 2007). It 
shall include time spent outside the United States. With this change to 
the length of program duration, the Department is of the opinion that 
extensions beyond the proposed five-year maximum period of program 
duration will be inappropriate. Therefore, the Department proposes the 
deletion of section 22 CFR 62.20(j) regarding extensions to the 
professor and research category. If adopted, these amendments would 
also permit program sponsors to extend a current participant's program 
up to the maximum program duration of five years. Extensions beyond the 
duration of participation are not permitted under this category.
    The Department also proposes to limit repeated program 
participation. No individual who has been afforded a five-year period 
of program participation as a professor or research scholar will be 
eligible for repeat participation in the professor or research scholar 
category for a period of two years from the end date of his/her prior 
program. This provision is proposed to ensure that the reciprocal 
exchange objectives underlying the Exchange Visitor Program are met, 
and that the exchange visitor's visa is not misused for long-term 
employment purposes.
    The twelve-month bar will remain as stated in section 22 CFR 
62.20(d)(ii). This regulation places a twelve-month bar from continued 
program participation upon individuals who have been physically present 
in the United States for all or part of the twelve months immediately 
preceding their commencement of program participation as a professor or 
research scholar. However, 22 CFR 62.20(d)(ii) does provide exceptions 
to the application of the twelve-month bar including one for 
prospective participants who have previously participated in the 
Exchange Visitor Program as short-term scholars.
    The Department invites comments regarding this proposed rule. The 
Department will accept comments for 30 days following publication of 
this proposed rule. A final rule will be adopted following Department 
review of all comments received and coordination with the adoption of 
the Student and Exchange Visitor Information System (SEVIS).

Regulatory Analysis and Notices

Administrative Procedure Act

    The Department is publishing this rule as a proposed rule, with a 
30-day provision for post-promulgation public comments, based on the 
``good cause'' exceptions set forth at 5 U.S.C. 553(b)(3)(B) and 
553(d)(3). The proposed changes will provide notice and a comment 
period prior to adoption of this rule.

Regulatory Flexibility Act

    The Department of State, in accordance with the Regulatory 
Flexibility Act (5 USC 605(b)), has reviewed this regulation and, by 
approving it, certifies that this rule is not expected to have a 
significant economic impact on a substantial number of small entities.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local and 
tribal governments, in the aggregate, or by the private sector, of $100 
million in any year and it will not significantly or uniquely affect 
small governments. Therefore, no actions were deemed necessary under 
the provisions of the Unfunded Mandates Reform Act of 1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Act of 1996. This rule will not 
result in an annual effect on the economy of $100 million or more; a 
major increase in costs or prices; or significant adverse effects on 
competition, employment,

[[Page 43265]]

investment, productivity, innovation, or on the ability of United 
States-based companies to compete with foreign-based companies in 
domestic and export markets.

Executive Order 12866

    The Department of State does not consider this rule to be a 
``significant regulatory action'' under Executive Order 12866, section 
3(f), Regulatory Planning and Review. In addition, the Department is 
exempt from Executive Order 12866 except to the extent that it is 
promulgating regulations in conjunction with a domestic agency that are 
significant regulatory actions. The Department has nevertheless 
reviewed the regulation to ensure its consistency with the regulatory 
philosophy and principles set forth in that Executive Order.

Executive Order 13132

    This regulation will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with section 6 
of Executive Order 13132, it is determined that this rule does not have 
sufficient federalism implications to require consultations or warrant 
the preparation of a federalism summary impact statement.

Paperwork Reduction Act

    This rule does not impose any new reporting or record-keeping 
requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 
35.

List of Subjects in 22 CFR Part 62

    Cultural exchange programs.

    Accordingly, 22 CFR part 62 is proposed to be amended as follows:

PART 62--EXCHANGE VISITOR PROGRAM

    1. The authority citation for part 62 continues to read as follows:

    Authority: 8 U.S.C. 1101(a)(15)(J), 1182, 1184, 1258; 22 U.S.C. 
1431-1442, 2451-2460; Foreign Affairs Reform and Restructuring Act 
of 1998, Pub. L. 105-277, 112 Stat. 2681 et seq.; Reorganization 
Plan No. 2 of 1977, 3 CFR, 1977 Comp. p.200; E.O.12048 of March 27, 
1978; 3 CFR, 1978 Comp. p. 168.

    2. Amend Sec. 62.20 by revising paragraph (i) and removing 
paragraph (j) to read as follows:


Sec. 62.20  Professors and research scholars.

* * * * *
    (i) Duration of participation. The permitted duration of program 
participation for a professor or research scholar shall be as follows:
    (1) General limitation. The professor and research scholar shall be 
authorized to participate in the Exchange Visitor Program for the 
length of time necessary to complete his or her program, which time 
shall not exceed five years. The five-year period of permitted program 
participation shall begin with the initial program start date listed on 
the DS-2019 pursuant to which professor or research scholar participant 
status is acquired and shall end five years from such date. It shall 
include time spent outside the United States.
    (2) Repeat Participation. Individuals who have entered the United 
States under the Exchange Visitor Program as a professor or research 
scholar, or who have acquired such status while in the United States 
shall not be eligible for repeat participation as a professor or 
research scholar for a period of two years.
    (3) Change of category. A change between the categories of 
professor and research scholar shall not extend an exchange visitor's 
permitted period of participation beyond five years.
    (4) Extensions beyond the duration of participation are not 
permitted under this category.

    Dated: June 4, 2002.
Patricia S. Harrison,
Assistant Secretary, Bureau of Educational and Cultural Affairs, 
Department of State.
[FR Doc. 02-16157 Filed 6-26-02; 8:45 am]
BILLING CODE 4710-05-P


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