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

[Federal Register: June 20, 2008 (Volume 73, Number 120)]
[Rules and Regulations]               
[Page 35066-35071]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jn08-4]                         

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

22 CFR Part 62

[Public Notice: 6267]
RIN 1400-AC35

 
Exchange Visitor Program--College and University Students, 
Student Interns

AGENCY: Department of State.

ACTION: Final rule.

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

SUMMARY: The Department is hereby revising its regulations regarding 
College and University Students. The Final Rule creates a new 
subcategory of the College and University Student category--``Student 
Interns.'' Participation in this new sub-category is open to foreign 
students enrolled and pursuing a degree at post-secondary academic 
institutions outside the United States. Student interns may participate 
in a student internship program for up to 12 months at each degree 
level.

DATES: Effective Date: This Final Rule is effective July 21, 2008.

SUPPLEMENTARY INFORMATION: The Department of State (Department) 
designates U.S. government, academic, and private sector entities to 
conduct educational and cultural exchange programs pursuant to a broad 
grant of authority provided by the Mutual Educational and Cultural 
Exchange Act of 1961, as amended (Fulbright-Hays Act). Under this 
authority, designated program sponsors facilitate the entry into the 
United States of more than 350,000 exchange participants each year.
    In June 2007, the Department established a new exchange visitor 
category--``intern''--by amending existing regulations set forth in 22 
CFR 62.22 (72 FR 33669, June 19, 2007). Now, private sector 
organizations can offer internships to individuals with less training 
and experience than had been required of ``trainee'' category 
participants. To be eligible as an intern in a private sector program, 
foreign nationals must be currently enrolled in and pursuing studies at 
an academic institution or a recent graduate (i.e., within 12 months) 
from such institution. As an intern, the intern program participant 
enters the United States to pursue a structured and guided work-based 
internship program in his or her specific academic field. Prior work 
experience is not an eligibility requirement for participation.
    Not wanting to limit the opportunity to offer internships to the 
private sector only, the Department published a proposed companion rule 
in the Federal Register (72 FR 31008) on June 5, 2007. This rule sought 
comment on a proposed program that would allow American colleges or 
universities to conduct internship programs. As noted in the rule, in 
significant areas the proposed regulations governing the new ``student 
intern'' category track the internship regulations already in place for 
private sector internship program sponsors. The primary difference is 
that the student internship--as its name implies--is available only to 
students and not graduates.
    To be eligible to participate in the new student intern sub-
category, a foreign national must be a student currently enrolled in an 
accredited post-secondary academic institution outside the United 
States. A student intern may participate in a student internship 
program for up to 12 months at each degree level. For example, an 
exchange visitor could enter the United States to participate in a 
student internship program while pursuing the equivalent of a 
baccalaureate degree program. This intern could participate in an 
internship program in the United States for up to 12 months. This same 
individual could also participate in yet another student internship 
program for up to 12 months if he or she later pursues the next higher 
degree level (i.e., master's degree program). A student who changes 
majors at the baccalaureate level--and is pursuing a separate degree--
may participate in an internship subsequent to an initial internship in 
the original field of study.
    Foreign students may be selected to participate in the new student 
intern sub-category if they meet the following eligibility criteria: 
the post-secondary academic institution listed as the sponsor on the 
Form DS-2019 has accepted the individual into an internship program; 
and the student seeks to enter the United States to engage primarily in 
a student internship program, rather than to engage in employment or 
provide services to an employer. Furthermore, a student intern must be 
in good academic standing with the post-secondary academic institution 
at which he or she is currently enrolled. Finally, the student intern 
will return to his or her prior academic studies following completion 
of the student internship program and fulfill his or her degree 
requirements, thus students that have completed their degree 
requirements will not be eligible for the student intern program.
    These new regulations address the obligations of a sponsor and any 
third party--either domestic or overseas--with whom the sponsor 
contracts to assist in the recruiting, selecting, screening, orienting, 
placing, training, or evaluating of its program participants. Required 
is a written agreement with third parties outlining the full 
relationship between the parties on all matters involving the Exchange 
Visitor Program generally and the student internship specifically. For 
program integrity, third parties must provide their Dun & Bradstreet 
identification numbers, which will assist sponsors with their screening 
and vetting of all third parties with whom they have entered into a 
required written agreement.
    We anticipate that a wide range of U.S. businesses and governmental 
or non-governmental entities will host foreign students in student 
internship programs arranged by academic sponsors. These regulations 
set baseline standards for this activity. Sponsors will be required to 
ensure that host organizations are legitimate entities, are 
appropriately registered or licensed to conduct their business, and 
possess and maintain the ability and resources to provide structured 
and guided work-based experience according to individualized Training 
and Internship Placement Plans (T/IPP--Form DS-7002). In some 
instances, a sponsor may be required to conduct a site visit of a host 
organization's facility. In vetting a potential host organization, a 
sponsor must collect sufficient evidence to support its finding that 
the potential host organization meets the standards necessary for a 
sponsor to properly place participants with them.
    For each student internship, a sponsor must complete and obtain 
requisite signatures for the T/IPP. Each T/IPP must set forth the goals 
and objectives of the internship; the student internship

[[Page 35067]]

program details (location, contact information, number of hours per 
week of work and compensation therefore (if any) a description of the 
supervision the intern will receive, and the dates of the student 
internship program); a description of how the student internship 
program will enhance the student intern's educational program at his or 
her home institution; and a determination as to whether and to what 
extent the student intern has previously taken part in a student 
internship program in the United States. Finally, to ensure program 
quality, a sponsor must take necessary steps to ensure that they are 
compliant with these regulations and that the student intern's program 
was effective, appropriate, and achieved its stated goals and 
objectives.
    The Final Rule permits a student intern to engage in full-time 
employment during the internship program as outlined on the T/IPP, with 
or without wages or other compensation. Employment is not required for 
participation in the program. A student intern may be employed, 
however, only with the approval of the responsible officer and the 
student's home institution's dean or academic advisor.
    These regulations prohibit a sponsor from placing a student intern 
in an unskilled or casual labor position, in a position that requires 
or involves child care or elder care, in a position in the field of 
aviation, or in any kind of position that involves patient care or 
contact. Finally, a sponsor must not place a student intern in a 
position that involves more than 20 per cent clerical work.

Comment Analysis

    Twelve (12) parties submitted comments to the Department on the 
Proposed Rule. Four commenting parties opined that the internship 
should not be required to be in the student's field of study. Upon 
reconsideration, the Department agrees that this requirement would be 
too restrictive, and has therefore eliminated it. Otherwise, a 
prospective participant who was pursuing a degree in fields such as the 
liberal arts would be excluded from participating in a student 
internship program. The fact that a student intern must fulfill a 
degree requirement will eliminate the chance of a student using this 
category for employment purposes.
    Many commenting parties criticized the Proposed Rule's requirement 
that a student intern be enrolled in and pursuing full-time studies at 
a post-secondary academic institution outside the United States and 
that the internship be tied to a degree requirement. Specifically, 
seven commenting parties opposed the enrollment requirement and six 
opposed the degree requirement. The Department believes that such 
criticisms are without merit and conflict with programs sponsored by 
academic institutions. The Department believes that it is reasonable to 
require a sponsor to obtain evidence from a student's foreign 
institution certifying that the student is currently enrolled in and 
pursuing a degree at such institution.
    Eight commenting parties opined that the exclusion of numerated 
positions was too restrictive for an internship sponsored by a college 
or university. These exclusions, however, mirror those in the training 
and intern category and are consistent with the Exchange Visitor 
Program's historical exclusion of clinical training. Accordingly, the 
Department retains the requirement that a student intern not be placed 
in an unskilled or casual labor position, a position that requires or 
involves child care or elder care, a position in the field of aviation, 
or in clinical positions or engaging in any other kind of work that 
involves patient care or contact, including any work that would require 
a student intern to provide therapy, medication, or other clinical or 
medical care (e.g., sports or physical therapy, psychological 
counseling, nursing, dentistry, veterinary medicine, social work, 
speech therapy, or early childhood education).
    One commenting party requested to be able to conduct interviews 
with applicants over the telephone. The Department has agreed to permit 
the use of telephone interviews, when necessary.
    Under the Proposed Rule, a current college and university sponsor 
wishing to provide student internships was required to apply for 
designation in the new intern subcategory. Six commenting parties 
opposed this requirement. Accordingly, the student intern will be 
established as a subcategory of the college and university category, 
and current academic sponsors will automatically be allowed to provide 
student internships once the final rule is published and the updates 
are implemented in SEVIS.
    Seven commenting parties voiced concerns regarding the Training/
Internship Placement Plan (T/IPP--Form DS-7002). The Department will 
address modifications to Form DS-7002 in a future Federal Register 
Notice.
    Two commenting parties opined that a student intern should be 
allowed to have multiple internships during each degree level. The 
Department respectfully disagrees, noting that the regulations do allow 
a student who is pursuing an additional degree at the same level to 
participate in an additional internship program.
    Two commenting parties opined that the requirements for the Fair 
Labor Standards Act and the MSAWPA are not appropriate for college and 
university offered internships. They believe that these requirements 
were solely meant for internships offered within the private sector. 
The Department respectfully disagrees and retains these requirements.

Regulatory Analysis

Administrative Procedure Act
    The Department has determined that this Final Rule involves a 
foreign affairs function of the United States and is consequently 
exempt from the procedures required by 5 U.S.C. 553 pursuant to 5 
U.S.C. 553(a)(1).
Small Business Regulatory Enforcement Fairness Act of 1996
    This rule has been found not to be a major rule within the meaning 
of the Small Business Regulatory Enforcement Fairness Act of 1996.
Regulatory Flexibility Act/Executive Order 13272: Small Business
    Since this rulemaking is exempt from 5 U.S.C. 553, and no other law 
requires the Department to give notice of proposed rulemaking, this 
rulemaking also is not subject to the Regulatory Flexibility Act (5 
U.S.C. 601, et seq.) and Executive Order 13272, section 3(b).
Executive Order 12866, as Amended
    The Department of State does not consider this Final Rule to be a 
``significant regulatory action'' under Executive Order 12866, as 
amended, Sec.  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 Final Rule to ensure its consistency with the 
regulatory philosophy and principles set forth in that Executive Order.
Executive Order 12988
    The Department has reviewed this Final Rule in light of Sec. Sec.  
3(a) and 3(b)(2) of Executive Order 12988 to eliminate ambiguity, 
minimize litigation, establish clear legal standards, and reduce 
burden.

[[Page 35068]]

Unfunded Mandates Reform Act of 1995
    The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1532, generally 
requires agencies to prepare a statement before proposing any rule that 
may result in an annual expenditure of $100 million or more by State, 
local, or tribal governments, or by the private sector. This rule will 
not result in any such expenditure, nor will it significantly or 
uniquely affect small governments.
Executive Orders 12372 and 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. The 
provisions of Executive Order 12372 regarding intergovernmental 
consultation on Federal programs and activities do not apply to this 
regulation.
Paperwork Reduction Act
    The information collection requirements contained in this 
rulemaking (Form DS-7002) have been approved by the Office of 
Management and Budget pursuant to the Paperwork Reduction Act, 44 
U.S.C. Chapter 35, under OMB Control Number 1405-0170, expiration date: 
07/31/2009.

List of Subjects in 22 CFR Part 62

    Cultural exchange programs, Reporting and recordkeeping 
requirements.

0
Accordingly, 22 CFR part 62 is proposed to be amended as follows:

PART 62--EXCHANGE VISITOR PROGRAM

0
1. The authority citation for part 62 is revised 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, Div. G, 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; the Illegal 
Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 
1996, Pub. L. 104-208, Div. C, 110 Stat. 3009-546, as amended; 
Uniting and Strengthening America by Providing Appropriate Tools 
Required to Intercept and Obstruct Terrorism Act of 2001 (USA 
PATRIOT ACT), Pub. L. 107-56, Sec. 416, 115 Stat. 354; and the 
Enhanced Border Security and Visa Entry Reform Act of 2002, Pub. L. 
107-173, 116 Stat. 543.

0
2. Section 62.23 is revised to read as follows:


Sec.  62.23  College and university students.

    (a) Purpose. A program under this section provides foreign students 
the opportunity to participate in a designated exchange visitor program 
while studying at a degree-granting post-secondary accredited academic 
institution or participating in a student internship program which 
fulfills the student's academic study. A student sponsored in this 
category may participate in a degree, non-degree, or student internship 
program. Such an exchange is intended to promote mutual understanding 
by fostering the exchange of ideas between foreign students and their 
American counterparts.
    (b) Designation. The Department of State may, in its sole 
discretion, designate bona fide programs which offer foreign students 
the opportunity to study in the United States at a post-secondary 
accredited academic institution or to participate in a student 
internship program.
    (c) Selection criteria. A sponsor selects the college and 
university students who participate in its exchange visitor program. A 
sponsor must secure sufficient background information on the students 
to ensure that they have the academic credentials required for its 
program. A student is eligible for participation in the Exchange 
Visitor Program if at any time during his or her educational program in 
the United States:
    (1) The student or his or her program is financed directly or 
indirectly by:
    (i) The United States Government;
    (ii) The government of the student's home country; or
    (iii) An international organization of which the United States is a 
member by treaty or statute;
    (2) The program is carried out pursuant to an agreement between the 
United States Government and a foreign government;
    (3) The program is carried out pursuant to written agreement 
between:
    (i) American and foreign academic institutions;
    (ii) An American academic institution and a foreign government; or
    (iii) A state or local government in the United States and a 
foreign government;
    (4) The student is supported substantially by funding from any 
source other than personal or family funds; or
    (5) The student is participating in a student internship program as 
described in paragraph (i) of this section.
    (d) Admissions requirement. In addition to satisfying the 
requirements of Sec.  62.10(a), a sponsor must ensure that the student 
has been admitted to, or accepted for a student internship program 
offered by, the post-secondary accredited academic institution listed 
on the Form DS-2019 before issuing the Form.
    (e) Full course of study requirement. A student, other than a 
student intern described in paragraph (h)(3)(i) of this section, must 
pursue a full course of study at a post-secondary accredited academic 
institution in the United States as defined in Sec.  62.2, except under 
the following circumstances:
    (1) Vacation. During official school breaks and summer vacations if 
the student is eligible and intends to register for the next term. A 
student attending a school on a quarter or trimester calendar may be 
permitted to take the annual vacation during any one of the quarters or 
trimesters instead of during the summer.
    (2) Medical illness. If the student is compelled to reduce or 
interrupt a full course of study due to an illness or medical condition 
and the student presents to the responsible officer a written statement 
from a physician requiring or recommending an interruption or reduction 
in studies.
    (3) Bona fide academic reason. If the student is compelled to 
pursue less than a full course of study for a term and the student 
presents to the responsible officer a written statement from the 
academic dean or advisor recommending the student to reduce his or her 
academic load to less than a full course of study due to an academic 
reason.
    (4) Non-degree program. If the student is engaged full time in a 
prescribed course of study in a non-degree program of up to 24 months 
duration conducted by a post-secondary accredited academic institution.
    (5) Academic training. If the student is participating in 
authorized academic training in accordance with paragraph (f) of this 
section.
    (6) Final term. If the student needs less than a full course of 
study to complete the academic requirements in his or her final term.
    (f) Academic training--(1) Purpose. The primary purpose of academic 
training is to permit a student, other than a student intern described 
in paragraph (i) of this section, to participate in an academic 
training program during his or her studies, without wages or other 
remuneration, with the approval of the academic dean or advisor and the 
responsible officer.
    (2) Conditions. A student, other than a student intern described in 
paragraph (i) of this section, may be authorized to

[[Page 35069]]

participate in an academic training program for wages or other 
remuneration:
    (i) During his or her studies; or
    (ii) Commencing not later than 30 days after completion of his or 
her studies, if the criteria, time limitations, procedures, and 
evaluations listed below in paragraphs (f)(3) through (f)(6) are 
satisfied:
    (3) Criteria. (i) The student is primarily in the United States to 
study rather than engage in academic training;
    (ii) The student is participating in academic training that is 
directly related to his or her major field of study at the post-
secondary accredited academic institution listed on his or her Form DS-
2019;
    (iii) The student is in good academic standing with the post-
secondary accredited academic institution; and
    (iv) The student receives written approval in advance from the 
responsible officer for the duration and type of academic training.
    (4) Time limitations. The student is authorized to participate in 
academic training for the length of time necessary to complete the 
goals and objectives of the training, provided that the amount of time 
for academic training:
    (i) Is approved by the academic dean or advisor and approved by the 
responsible officer;
    (ii) For undergraduate and pre-doctoral training, does not exceed 
18 months, inclusive of any prior academic training in the United 
States, or the period of full course of study in the United States, 
whichever is less; except that additional time for academic training is 
allowed to the extent necessary for the exchange visitor to satisfy the 
mandatory requirements of his or her degree program in the United 
States;
    (iii) For post-doctoral training, does not exceed a total of 36 
months, inclusive of any prior academic training in the United States 
as an exchange visitor, or the period of the full course of study in 
the United States, whichever is less.
    (5) Procedures. To obtain authorization to engage in academic 
training:
    (i) The student must present to the responsible officer a letter of 
recommendation from the student's academic dean or advisor setting 
forth:
    (A) The goals and objectives of the specific academic training 
program;
    (B) A description of the academic training program, including its 
location, the name and address of the training supervisor, number of 
hours per week, and dates of the training;
    (C) How the academic training relates to the student's major field 
of study; and
    (D) Why it is an integral or critical part of the academic program 
of the student.
    (ii) The responsible officer must:
    (A) Determine if and to what extent the student has previously 
participated in academic training as a student, in order to ensure the 
student does not exceed the period permitted in paragraph (f) of this 
section;
    (B) Review the letter of recommendation required in paragraph 
(f)(5)(i) of this section; and
    (C) Make a written determination of whether the academic training 
currently being requested is warranted and the criteria and time 
limitations set forth in paragraph (f)(3) and (4) of this section are 
satisfied.
    (6) Evaluation requirements. The sponsor must evaluate the 
effectiveness and appropriateness of the academic training in achieving 
the stated goals and objectives in order to ensure the quality of the 
academic training program.
    (g) Student employment. A student, other than a student intern 
described in paragraph (i) of this section, may engage in part-time 
employment when the following criteria and conditions are satisfied.
    (1) The student employment:
    (i) Is pursuant to the terms of a scholarship, fellowship, or 
assistantship;
    (ii) Occurs on the premises of the post-secondary accredited 
academic institution the visitor is authorized to attend; or
    (iii) Occurs off-campus when necessary because of serious, urgent, 
and unforeseen economic circumstances which have arisen since acquiring 
exchange visitor status.
    (2) A student may engage in employment as provided in paragraph 
(g)(1) of this section if the:
    (i) Student is in good academic standing at the post-secondary 
accredited academic institution;
    (ii) Student continues to engage in a full course of study, except 
for official school breaks and the student's annual vacation;
    (iii) Employment totals no more than 20 hours per week, except 
during official school breaks and the student's annual vacation; and
    (iv) The responsible officer has approved the specific employment 
in advance and in writing. Such approval may be valid for up to 12 
months, but is automatically withdrawn if the student's program is 
transferred or terminated.
    (h) Duration of participation. (1) Degree student. A student who is 
in a degree program may be authorized to participate in the Exchange 
Visitor Program as long as he or she is either:
    (i) Studying at the post-secondary accredited academic institution 
listed on his or her Form DS-2019 and:
    (A) Pursuing a full course of study as set forth in paragraph (e) 
of this section, and
    (B) Maintaining satisfactory advancement towards the completion of 
the student's academic program; or
    (ii) Participating in an authorized academic training program as 
permitted in paragraph (f) of this section.
    (2) Non-degree student. A student who is in a non-degree program 
may be authorized to participate in the Exchange Visitor Program for up 
to 24 months. Such a student must be:
    (i) Studying at the post-secondary accredited academic institution 
listed on his or her Form DS-2019 and:
    (A) Participating full-time in a prescribed course of study; and
    (B) Maintaining satisfactory advancement towards the completion of 
his or her academic program; or
    (ii) Participating in an authorized academic training program as 
permitted in paragraph (f) of this section.
    (3) Student Intern. A student intern participating in a student 
internship program may be authorized to participate in the Exchange 
Visitor Program for up to 12 months for each degree/major as permitted 
in paragraph (i) of this section as long as the student intern is:
    (i) Engaged full-time in a student internship program sponsored by 
the post-secondary accredited academic institution that issued Form DS-
2019; and
    (ii) Maintaining satisfactory advancement towards the completion of 
his or her student internship program.
    (i) Student Intern. The student intern is a foreign national 
enrolled in and pursuing a degree at an accredited post-secondary 
academic institution outside the United States and is participating in 
a student internship program in the United States that will fulfill the 
educational objectives for his or her current degree program at his or 
her home institution. The student intern must meet the following 
requirements:
    (1) Criteria. (i) In addition to satisfying the general 
requirements set forth in Sec.  62.10(a), a sponsor must ensure that 
the student intern has verifiable English language skills sufficient to 
function on a day-to-day basis in the internship environment. English 
language proficiency must be verified through a sponsor-conducted 
interview, by a recognized English language test, or by signed

[[Page 35070]]

documentation from an academic institution or English language school.
    (ii) The student intern is primarily in the United States to engage 
in a student internship program rather than to engage in employment or 
provide services to an employer;
    (iii) The student intern has been accepted into a student 
internship program at the post-secondary accredited academic 
institution listed on his or her Form DS-2019;
    (iv) The student intern is in good academic standing with the post-
secondary academic institution outside the United States from which he 
or she is enrolled in and pursuing a degree; and
    (v) The student intern will return to the academic program and 
fulfill and obtain a degree from such academic institution after 
completion of the student internship program.
    (2) Program requirements. In addition to the requirements set forth 
in Subpart A, a sponsor must ensure that:
    (i) It does not issue Form DS-2019 to a potential participant in a 
student internship program until it has secured a placement for the 
student intern and it completes and secures the requisite signatures on 
Form DS-7002 (T/IPP);
    (ii) A student intern has sufficient finances to support himself or 
herself and dependants for their entire stay in the United States, 
including housing and living expenses; and
    (iii) The student internship program exposes participants to 
American techniques, methodologies, and technology and expands upon the 
participants' existing knowledge and skills. A program must not 
duplicate the student intern's prior experience.
    (3) Obligations of student internship program sponsors. (i) A 
sponsor designated by the Department to administer a student internship 
program must:
    (A) Ensure that the student internship program is full-time 
(minimum of 32 hours a week); and
    (B) Ensure that any host organization or other third party involved 
in the recruitment, selection, screening, placement, orientation, 
evaluation, or provision of a student internship program is 
sufficiently educated on the goals, objectives, and regulations of the 
Exchange Visitor Program and adheres to all regulations set forth in 
this Part as well as all additional terms and conditions governing 
Exchange Visitor Program administration that the Department may from 
time to time impose.
    (ii) A sponsor must ensure that it or any host organization acting 
on the sponsor's behalf:
    (A) Has sufficient resources, plant, equipment, and trained 
personnel available to provide the specified student internship 
program;
    (B) Does not displace full- or part-time or temporary or permanent 
American workers or serve to fill a labor need and ensures that the 
position that the student interns fills exists solely to assist the 
student intern in achieving the objectives of his or her participation 
in a student internship program; and
    (C) Certifies that student internship programs in the field of 
agriculture meet all the requirements of the Fair Labor Standards Act, 
as amended (29 U.S.C. 201 et seq.) and the Migrant and Seasonal 
Agricultural Worker Protection Act, as amended (29 U.S.C. 1801 et 
seq.).
    (iii) Screening and vetting host organizations. A sponsor must 
adequately screen all potential host organizations at which a student 
intern will be placed by obtaining the following information:
    (A) The Dun & Bradstreet identification number (unless the host 
organization is an academic institution, government entity, or family 
farm);
    (B) Employer Identification Number (EIN) used for tax purposes;
    (C) Verification of telephone number, address, and professional 
activities via advertising, brochures, Web site, and/or feedback from 
prior participants; and
    (D) Verification of Workman's Compensation Insurance Policy.
    (iv) Site Visits. A sponsor must conduct a site visit of any host 
organization that has not previously participated successfully in the 
sponsor's student internship program, has fewer than 25 employees, or 
has less than three million dollars in annual revenue. Any placement at 
an academic institution or at a Federal, State, or local government 
office is specifically excluded from this requirement. The purpose of 
the site visit is for the sponsor to ensure that each host organization 
possesses and maintains the ability and resources to provide structured 
and guided work-based learning experiences according to individualized 
T/IPPs, and that each host organization understands and meets its 
obligations set forth in this Part.
    (4) Use of third parties. A sponsor may engage a third party 
(including, but not limited to a host organization, partner, local 
business, governmental entity, academic institution, or any other 
foreign or domestic agent) to assist it in the conduct of its 
designated student internship program. Such a third party must have an 
executed written agreement with the sponsor to act on behalf of the 
sponsor in the conduct of the sponsor's program. This agreement must 
outline the full relationship between the sponsor and third party on 
all matters involving the administration of its exchange visitor 
program. A sponsor's use of a third party does not relieve the sponsor 
of its obligations to comply with and to ensure third party compliance 
with Exchange Visitor Program regulations. Any failure by any third 
party to comply with the regulations set forth in this Part or with any 
additional terms and conditions governing Exchange Visitor Program 
administration that the Department may from time to time impose will be 
imputed to the sponsor.
    (5) Evaluation requirements. In order to ensure the quality of a 
student internship program, a sponsor must develop procedures for 
evaluating all student interns. All required evaluations must be 
completed prior to the conclusion of a student internship program, and 
the student intern and his or her immediate supervisor must sign the 
evaluation forms. At a minimum, all programs require a concluding 
evaluation, and programs lasting longer than six months also require a 
midpoint evaluation. For programs exceeding six months' duration, at a 
minimum, midpoint and concluding evaluations are required. A sponsor 
must retain student intern evaluations (electronic or hard copy) for a 
period of at least three years following the completion of each student 
internship program.
    (6) Employment, wages, or remuneration. A student intern is 
permitted to engage in full-time employment during the student 
internship program as outlined on his or her T/IPP, with or without 
wages or other compensation. Employment is not required for 
participation in the program. A student intern may be employed, 
however, only with the approval of the responsible officer and the 
student's home institution's dean or academic advisor.
    (7) Training/Internship Placement Plan (Form DS-7002). (i) A 
sponsor must fully complete and obtain requisite signatures for a Form 
DS-7002 for each student intern before issuing a Form DS-2019. A 
sponsor must provide to each signatory an executed copy of the Form DS-
7002. Upon request, a student intern must present his or her fully 
executed Form DS-7002 to a Consular Official during the visa interview.
    (ii) To further distinguish between work-based learning for student 
interns, which is permitted, and ordinary employment or unskilled labor 
which is not, a T/IPP must:

[[Page 35071]]

    (A) State the specific goals and objectives of the student 
internship program (for each phase or component, if applicable);
    (B) Detail the knowledge, skills, or techniques to be imparted to 
the student intern (for each phase or component, if applicable); and
    (C) Describe the methods of performance evaluation and the 
frequency of supervision (for each phase or component, if applicable).
    (8) Program exclusions. A sponsor designated by the Department to 
administer a student internship program must:
    (i) Not place a student intern in an unskilled or casual labor 
position, in a position that requires or involves child care or elder 
care, a position in the field of aviation, or, in clinical positions or 
engaging in any other kind of work that involves patient care or 
contact, including any work that would require student interns to 
provide therapy, medication, or other clinical or medical care (e.g., 
sports or physical therapy, psychological counseling, nursing, 
dentistry, veterinary medicine, social work, speech therapy, or early 
childhood education);
    (ii) Not place a student intern in a position, occupation, or 
business that could bring the Exchange Visitor Program or the 
Department into notoriety or disrepute;
    (iii) Not engage or otherwise cooperate or contract with a 
staffing/employment agency to recruit, screen, orient, place, evaluate, 
or train student interns, or in any other way involve such agencies in 
an Exchange Visitor Program student internship program;
    (iv) Ensure that the duties of a student intern as outlined in the 
T/IPP will not involve more than 20 per cent clerical work, and that 
all tasks assigned to a student intern are necessary for the completion 
of the student internship program; and
    (v) Ensure that all ``Hospitality and Tourism'' student internship 
programs of six months or longer contain at least three departmental or 
functional rotations.

    Dated: June 7, 2008.
Stanley S. Colvin,
Director, Office of Exchange Coordination and Designation, Bureau of 
Educational and Cultural Affairs, Department of State.
[FR Doc. E8-13799 Filed 6-19-08; 8:45 am]
BILLING CODE 4710-05-P



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