22 C.F.R. § 62.1

Purpose

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(a) The regulations set forth in this part implement the Mutual Educational and Cultural Exchange Act of 1961 (the “Act”), as amended, Public Law 87-256, 22 U.S.C. 2451, et seq. (1988). The purpose of the Act is to increase mutual understanding between the people of the United States and the people of other countries by means of educational and cultural exchanges. Educational and cultural exchanges assist the Department of State in furthering the foreign policy objectives of the United States. These exchanges are defined by section 102 of the Act, 22 U.S.C. 2452, and section 101(a)(15)(J) of the Immigration and Nationality Act, as amended, 8 U.S.C. 1101(a)(15)(J).

(b) The Secretary of State of the Department of State facilitates activities specified in the Act, in part, by designating public and private entities to act as sponsors of the Exchange Visitor Program. Sponsors may act independently or with the assistance of third parties. The purpose of the Program is to provide foreign nationals with opportunities to participate in educational and cultural programs in the United States and return home to share their experiences, and to encourage Americans to participate in educational and cultural programs in other countries. Exchange visitors enter the United States on a J visa. The regulations set forth in this subpart are applicable to all sponsors.

(c) The Assistant Secretary for Educational and Cultural Affairs of the Department of State may, in his or her sole discretion and to the extent consistent with the authorities described in paragraph (a) of this section and other applicable law, waive or modify any provision of this part with respect to programs that are established pursuant to memoranda of understanding, letters of intent or similar arrangements between the United States and foreign governments. When establishing such a program, the Department will publish a notice in the Federal Register describing the program and any resulting modifications to or waivers of provisions of this part. If such an arrangement will not result in a waiver of or other modification to the provisions of this part, then the Department need not publish a notice.

[79 FR 60307, Oct. 6, 2014]

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 2008–2021 · leading case: Capron v. Massachusetts Attorney Gen., 944 F.3d 9 (1st Cir. 2019).

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Capron v. Massachusetts Attorney Gen., 944 F.3d 9 (1st Cir. 2019). · cites it 2× “See 22 C.F.R. § 62.1 . The DOS does so through regulations that govern different types of "exchange visitor programs.”

ASSE Int'l, Inc. v. Kerry, 803 F.3d 1059 (9th Cir. 2015). · cites it 2× “22 C.F.R. § 62.1 (b). The EVP authorizes various exchange programs for foreign visitors; as relevant here, the EVP authorizes “work-based” training programs to expose foreign college graduates “to American techniques, methodologies, and technologies” in their fields.”

United States v. Kaixiang Zhu, 854 F.3d 247 (4th Cir. 2017). “” 22 C.F.R. § 62.1 (b). 2 . Dr. Hui was a doctor of.”

Liljeberg v. Comm'r of Internal Revenue, 907 F.3d 623 (D.C. Cir. 2018). · cites it 2× “" 22 C.F.R. § 62.1 (b) (2012) ; see Mutual Educational and Cultural Exchange Act of 1961, Pub.”

Chrisdiana v. Dep't of Cmty. Health, 754 N.W.2d 533 (Mich. Ct. App. 2008). · cites it 2× “8 USC 1101(a)(15)(J); 22 CFR 62.1 et seq. J2 visas are given to dependents or spouses of persons with J1 visas.”

Bai Haiyan v. Hamden Pub. Schs., 875 F. Supp. 2d 109 (D. Conn. 2012). “(1988); see also 22 CFR § 62.1 (acknowledging that the purpose of the Cultural Exchange Act is to increase mutual understanding between countries and noting that “[educational and cultural exchanges assist the Department of State in furthering the foreign policy objectives of…”

The Ass'n of Cultural Bus. Exch. Organizations, Inc. v. Pompeo (W.D. Tenn. 2021). · cites it 2× “See 22 C.F.R. § 62.1 . The EVP is intended to “assist in the development of friendly, sympathetic, and peaceful relations between the United States and .”

Nat'l Ass'n of Mfrs. v. United States Dep't of Homeland Sec. (N.D. Cal. 2020). “22 C.F.R. §§ 62.1 , 62.4. In order to 17 qualify, visa applicants must be sponsored by designated entities, including governmental 18 agencies, academic institutions, businesses, and non-profit organizations.”

Thompson v. United States (D.S.D. 2019). “” 22 C.F.R. § 62.1 . Only foreign persons intending to engage in certain educational or cultural pursuits in the United States are eligible for a J-1 visa.”

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