Exchange Visitor Program-College and University Students, Student Interns, 31008-31013 [E7-10606]

Agencies

• DEPARTMENT OF STATE

[Federal Register Volume 72, Number 107 (Tuesday, June 5, 2007)]
[Proposed Rules]
[Pages 31008-31013]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-10606]


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DEPARTMENT OF STATE

22 CFR Part 62

RIN 1400-AC35
[Public Notice 5797]


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

AGENCY: Department of State.

ACTION: Proposed rule with request for comments.

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SUMMARY: The Department is hereby proposing to revise its regulations 
concerning College and University Students. The proposed Rule, if 
adopted, will create 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 full-time 
studies at a post-secondary educational institution outside the United 
States. Student interns may participate in a student internship program 
for up to 12 months at each degree level.

DATES: The Department will accept comments on the proposed regulation 
from the public up to August 6, 2007.

ADDRESSES: You may submit comments identified by any of the following 
methods:
     Persons with access to the Internet may also view this 
notice and provide comments by going to the regulations.gov Web site 
at: https://www.regulations.gov/index.cfm.
     Mail (paper, disk, or CD-ROM submissions): U.S. Department 
of State, Office of Exchange Coordination and Designation, SA-44, 301 
4th Street, SW., Room 734, Washington, DC 20547
     E-mail: jexchanges@state.gov. You must include the RIN 
(1400-xxxx) in the subject line of your message.

FOR FURTHER INFORMATION CONTACT: Stanley S. Colvin, Director, Office of 
Exchange Coordination and Designation, U.S. Department of State, SA-44, 
301 4th Street, SW., Room 734, Washington, DC 20547; or e-mail at 
jexchanges@state.gov.

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 300,000 exchange participants each year.
    The former United States Information Agency (USIA) and, as of 
October 1, 1999, its successor, the Department, have promulgated 
regulations governing the Exchange Visitor Program that are set forth 
at 22 CFR 62. Regulations governing exchange visitor college and 
university students appear at 22 CFR 62.23.
    The Department plans to publish an Interim Final Rule relating to 
exchange visitor trainees and interns (see 22 CFR 62.22). This Interim 
Final Rule creates a new exchange visitor category--the Intern--for 
private sector organizations sponsoring individuals who are currently 
enrolled in and pursuing studies at a degree- or certificate-granting 
post-secondary academic institution outside the United States or have 
graduated from such an institution no more than 12 months prior to his/
her exchange visitor program begin date, and who enters the United 
States to participate in a structured and guided work-based internship 
program in his/her specific academic field.
    This Proposed Rule is promulgated to make the use of a similar 
intern category available to American college and university Exchange 
Visitor Program designated sponsors. Generally speaking, the proposed 
regulations governing the new student intern category track the 
internship regulations applicable to training program sponsors.
    The new student intern sub-category is available to foreign 
students enrolled in accredited post-secondary educational institutions 
outside the United States. Student interns may participate in a student 
internship program for up to 12 months at each degree level. For 
example, if a student comes to the United States to participate in a 
student internship program at the equivalent of a baccalaureate 
program, he/she could remain in the United States for up to 12 months. 
The same individual would be permitted another student internship 
program up to 12 months at the next higher degree level, such as a 
masters degree program, or students changing majors and obtaining a new 
degree.
    Selection criteria for the new student intern sub-category must 
include the following requirements: The student must be accepted to 
participate in an internship by the post-secondary educational 
institution listed as the sponsor on his or her Form DS-2019 and 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; the student intern must be in good

[[Page 31009]]

academic standing with the post-secondary educational institution in 
which he or she is enrolled and currently participating outside the 
United States; and the student intern will return to the academic 
program in the home educational institution abroad after completion of 
the student internship program which is required to fulfill a degree 
requirement.
    The new regulations outline provisions for dealing with the 
sponsor's obligations and any third parties--either domestic or 
overseas--with whom sponsors contract to assist them in recruiting, 
selecting, screening, orienting, placing, training, or evaluating 
foreign nationals who participate in student internship programs. The 
regulations require sponsors to enter into a written agreement with 
third parties outlining the full relationship between the parties on 
all matters involving the Exchange Visitor Program. Third parties must 
provide a Dun & Bradstreet identification number. At the recommendation 
of exchange community comments, the Department is also changing its 
Regulations to require sponsors to screen and vet all third parties.
    A wide range of U.S. businesses and governmental or non-
governmental entities host foreign students in student internship 
programs on behalf of designated sponsors. These regulations set 
baseline standards to which sponsors are required to adhere to ensure 
that such host organizations are legitimate entities, are appropriately 
registered or licensed to conduct their activities in their 
jurisdiction, 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, sponsors will also be required to conduct a 
site visit of the host organization's location. The goal of the sponsor 
in vetting host organizations is to collect sufficient evidence to 
support a finding that participants are properly placed with host 
organizations that meet these standards.
    In order to participate in the student intern sub-category, 
designated sponsors must complete and obtain requisite signatures for a 
T/IPP. The information may be obtained from the intern's dean or 
academic advisor at the intern's home institution, which sets forth: 
The goals and objectives of the internship; a description of the 
student internship program (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 in the home institution; 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; and, finally, a determination 
whether all the criteria and program requirements of the new regulation 
are met.
    In order to ensure the quality of the internship program, program 
sponsors must evaluate the effectiveness and appropriateness of the 
internship program in achieving its stated goals and objectives.
    The Proposed Rule, if adopted, will permit student interns to 
engage in full-time employment during the student internship program as 
outlined on their T/IPP, with or without wages or other compensation. 
Employment is not required for participation in the program. In those 
cases where the student intern is employed, all employment activities 
must be approved by the home institution's dean or academic advisor, 
and the responsible officer.
    Finally, the regulations prohibit sponsors from placing student 
interns in unskilled or casual labor positions, in positions that 
require or involve child care or elder care, positions in the field of 
aviation, or in any kind of position that involves patient care or 
contact. Further, sponsors must not place student interns in positions 
that involve more than 20 per cent clerical work during their programs.

Regulatory Analysis

Administrative Procedure Act

    The Department has determined that this Proposed 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). Nonetheless, because of its importance to the public, 
the Department has elected to solicit comments during a 60-day comment 
period.

Small Business Regulatory Enforcement Fairness Act of 1996

    It has been found not to be a major rule within the meaning of the 
Small Business Regulatory Enforcement Fairness Act of 1996. It will not 
have a substantial effect on the States, the relationship between the 
National Government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, it 
has been determined that the Proposed Rule does not have sufficient 
federalism implications to warrant application of the consultation 
provisions of Executive Orders 12372 and 13132.

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 Proposed Final Rule 
to be a ``significant regulatory action'' under Executive Order 12866, 
as amended, 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 Proposed 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 Proposed Rule in light of sections 
3(a) and 3(b)(2) of Executive Order 12988 to eliminate ambiguity, 
minimize litigation, establish clear legal standards, and reduce 
burden.

Unfunded Mandates Reform Act of 1995

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UFMA), 
Pub. L. 104-4, 109 Stat. 48, 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

[[Page 31010]]

implications to require consultations or warrant the preparation of a 
federalism summary impact statement. The regulations implementing 
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.
    Accordingly, for the reasons stated in the preamble, the Department 
of State proposes to amend 22 CFR part 62 as follows:

PART 62--EXCHANGE VISITOR PROGRAM

    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, 1372, 
170101775; 22 U.S.C. 1431-1442, 2451-2460, 6501; 5 U.S.C. app. 1-11 
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. Section 62.2 is amended by adding definitions for ``Student 
Intern'' and ``Student Intership Program'' to read as follows:


Sec.  62.2  Definitions.

* * * * *
    Student Intern means a foreign national who is currently enrolled 
in and pursuing studies at a degree-or certificate-granting post-
secondary academic institution outside the United States and who enters 
the United States to participate in a structured and guided work-based 
student internship program in his/her specific academic field for 
academic credit.
    Student Internship Program means a structured and guided work-based 
learning program as set forth in an individualized Training/Internship 
Placement Plan (T/IPP) that fulfills a student's academic degree, 
recognizes the need for work-based experience, provides on-the-job 
exposure to American techniques, methodologies, and technology, and 
enhances the student intern's knowledge of American culture and 
society.
* * * * *
    3. Section 62.4 is amended by revising the introductory text and 
paragraph (a) to read as follows:


Sec.  62.4  Categories of participant eligibility.

    Sponsors may select foreign nationals to participate in their 
exchange visitor programs. Participation by foreign nationals in an 
exchange visitor program is limited to individuals who are engaged in 
the following activities in the United States:
    (a) Student. An individual who is:
    (1) Studying in the United States:
    (i) Pursuing a full course of study at a secondary accredited 
educational institution;
    (ii) Pursuing a full course of study leading to or culminating in 
the award of a U.S. degree from a post-secondary accredited educational 
institution; or
    (iii) Engaged full-time in a non-degree prescribed course of study 
of up to 24 months duration conducted by:
    (A) A post-secondary accredited educational institution; or
    (B) An institute approved by or acceptable to the post-secondary 
accredited educational institution where the student is to be enrolled 
upon completion of the non-degree program;
    (2) Engaged in academic training as permitted in Sec.  62.23(f); or
    (3) Engaged in English language training at:
    (i) A post-secondary accredited educational institution, or
    (ii) An institute approved by or acceptable to the post-secondary 
accredited educational institution where the college or university 
student is to be enrolled upon completion of the language training; or
    (4) Engaged full-time in a student internship program conducted by 
a post-secondary accredited educational institution.
* * * * *
    4. Section 62.23 is revised to read as follows:


Sec.  62.23  College and university students.

    (a) Purpose. Programs under this section provide foreign students 
the opportunity to participate in a designated exchange visitor program 
while studying at a degree-granting post-secondary accredited 
educational institution or participating in a student internship 
program which fulfills the student's academic study. Exchange visitors 
sponsored in this category may participate in degree, non-degree, or 
student internship programs. Such exchanges are 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 nationals 
the opportunity to study in the United States at post-secondary 
accredited educational institutions or participate in student 
internship programs.
    (c) Selection criteria. Sponsors select the college and university 
students who participate in their exchange visitor programs. Sponsors 
must secure sufficient background information on the students to ensure 
that they have the academic credentials required for their program. 
Students are eligible for participation in the Exchange Visitor Program 
if at any time during their educational program in the United States:
    (1) They or their program are 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 programs are 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 educational institutions;
    (ii) An American educational institution and a foreign government; 
or
    (iii) A state or local government in the United States and a 
foreign government;
    (4) The exchange visitors are supported substantially by funding 
from any source other than personal or family funds, or
    (5) The exchange visitor 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), sponsors must ensure that the exchange 
visitor student has been admitted to, or accepted for a student 
internship program offered by, the post-secondary accredited 
educational institution(s) listed on the Form DS-2019 before issuing 
the Form.
    (e) Full course of study requirement. Exchange visitor students, 
other than student interns described in paragraph (i), must pursue a 
full course of study at a post-secondary accredited educational 
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

[[Page 31011]]

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 educational 
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. A student, other than a student 
intern described in paragraph (i) of this section, may participate in 
academic training programs 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 participate in 
academic training programs for wages or other remuneration:
    (i) During his or her studies; or
    (ii) Commencing not later than thirty (30) days after completion of 
his or her studies, if the criteria, time limitations, procedures, and 
evaluations listed below in paragraphs (f)(3) to (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 educational institution listed on his or her Form 
DS-2019;
    (iii) The student is in good academic standing with the post-
secondary accredited educational 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 exchange visitor 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 
eighteen (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, 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 
thirty-six (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 exchange visitor 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 exchange visitor student.
    (ii) The responsible officer must:
    (A) Determine if and to what extent the student has previously 
participated in academic training as an exchange visitor 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. Exchange visitor students, other than 
student interns 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 
educational 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) Exchange visitor students 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 educational 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 up to twelve 
months, but is automatically withdrawn if the student's program is 
transferred or terminated.
    (h) Duration of participation--(1) Degree students. Exchange 
visitor students who are in degree programs may be authorized to 
participate in the Exchange Visitor Program as long as they are either:
    (i) Studying at the post-secondary accredited educational 
institution listed on their Form DS-2019 and are:
    (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 
their academic program; or
    (ii) Participating in an authorized academic training program as 
permitted in paragraph (f) of this section.
    (2) Non-degree students. Exchange visitor students who are in non-
degree

[[Page 31012]]

programs may be authorized to participate in the Exchange Visitor 
Program for up to 24 months. Such students must be:
    (i) Studying at the post-secondary accredited educational 
institution listed on their Form DS-2019 and are:
    (A) Participating full-time in a prescribed course of study; and
    (B) Maintaining satisfactory advancement towards the completion of 
their academic program; or
    (ii) Participating in an authorized academic training program as 
permitted in paragraph (f) of this section;
    (3) Student Interns. Exchange visitor student interns 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 they are:
    (i) Engaged full-time in a student internship program sponsored by 
the post-secondary accredited educational institution which issued Form 
DS-2019; and
    (ii) Maintains satisfactory advancement towards the completion of 
their student internship program.
    (i) Student Interns. The student intern is a foreign national 
enrolled in an accredited post-secondary educational institution 
outside the United States and is participating in a student internship 
program that will fulfill the educational objectives for their current 
degree program at their home institution, and meets the following 
requirements:
    (1) Criteria. (i) In addition to satisfying the general 
requirements set forth in Sec.  62.10(a), sponsors must ensure that 
student interns have verifiable English language skills sufficient to 
function on a day-to-day basis in their training environment. English 
language proficiency must be verified by a recognized English language 
test, by signed documentation from an academic institution or English 
language school, or through an interview conducted by the sponsor or a 
third party in-person, by videoconference, or by web camera.
    (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 educational 
institution listed on his or her Form DS-2019;
    (iv) The student intern is in good academic standing with the post-
secondary educational institution in which he or she is enrolled 
outside the United States; and
    (v) The student intern will return to the academic program in the 
educational institution abroad after completion of the student 
internship program to fulfill a degree requirement.
    (2) Program requirements. In addition to the requirements set forth 
in Subpart A, sponsors must ensure that:
    (i) They do not issue Forms DS-2019 to potential participants in 
student internship programs until they secure placements for student 
interns and complete and secure requisite signatures on Form DS-7002 
(T/IPP);
    (ii) Student interns have sufficient finances to support themselves 
and their dependents 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. Programs must not 
duplicate the student intern's prior experience received previously.
    (3) Obligations of Student Internship Program Sponsors. (i) 
Sponsors designated by the Department to administer student internship 
programs must:
    (A) Ensure that the student internship programs are full-time 
(minimum of 32 hours a week); and
    (B) Ensure that any host organizations and third parties involved 
in the recruitment, selection, screening, placement, orientation, 
evaluation for, or the provision of student internship programs are 
sufficiently educated on the goals, objectives, and regulations of the 
Exchange Visitor Program and adhere 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) Sponsors must ensure that they or any host organization acting 
on the sponsor's behalf:
    (A) Have sufficient resources, plant, equipment, and trained 
personnel available to provide the specified student internship 
program;
    (B) Do not displace full- or part-time or temporary or permanent 
American workers or serve to fill a labor need and ensure that the 
positions that student interns fill exist solely to assist student 
interns in achieving the objectives of their participation in student 
internship programs; and
    (C) Certify 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. Sponsors 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; and
    (iv) Site Visits. Sponsors must conduct site visits of host 
organizations that have not previously participated successfully in the 
sponsor's student internship programs and that have fewer than 25 
employees or less than three million dollars in annual revenue. 
Placements at academic institutions or at Federal, State, or local 
government offices are specifically excluded from this requirement. The 
purpose of the site visits is for the sponsors to ensure that host 
organizations possess and maintain the ability and resources to provide 
structured and guided work-based learning experiences according to the 
individualized T/IPPs and that host organizations understand and meet 
their obligations set forth in this part.
    (4) Use of third parties. Sponsors may engage third parties 
(including, but not limited to host organizations, partners, local 
businesses, governmental entities, academic institutions, and other 
foreign or domestic agents) to assist them in the conduct of their 
designated student internship programs. Such third parties 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 their 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.

[[Page 31013]]

    (5) Evaluation requirements. In order to ensure the quality of 
student internship programs, sponsors 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 interns and their immediate supervisors must sign the 
evaluation forms. For programs exceeding six months' duration, at a 
minimum, midpoint and concluding evaluations are required. For programs 
of six months or less, at a minimum, concluding evaluations are 
required. Sponsors 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 their T/IPP, with or without wages or 
other compensation. Employment is not required for participation in the 
program. In those cases where the student intern is employed, all 
employment activities must be approved by the home institution's dean 
or academic advisor, and the responsible officer.
    (7) Training/Internship Placement Plan (Form DS-7002). (i) Sponsors 
must fully complete and obtain requisite signatures for a Form DS-7002 
for each student intern before issuing a Form DS-2019. Sponsors must 
provide each signatory an executed copy of the Form DS-7002. Upon 
request, student interns must present their fully executed Form DS-7002 
to a Consular Official during their visa interview.
    (ii) To further distinguish between work-based learning for student 
interns, which is permitted, and ordinary employment or unskilled labor 
which are not, all T/IPPs must:
    (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. Sponsors designated by the Department to 
administer student internship programs must not:
    (i) Place student interns in unskilled or casual labor positions, 
in positions that require or involve child care or elder care, 
positions in the field of aviation, or in clinical or 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) Place student interns in positions, occupations, or businesses 
that could bring the Exchange Visitor Program or the Department into 
notoriety or disrepute; or
    (iii) 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) Designated sponsors must ensure that the duties of student 
interns as outlined in the T/IPPs will not involve more than 20 percent 
clerical work, and that all tasks assigned to student interns are 
necessary for the completion of student internship program assignments.
    (v) Sponsors must also ensure that all ``Hospitality and Tourism'' 
student internship programs of six months or longer contain at least 
three departmental or functional rotations.

    Dated: May 18, 2007.
Stanley S. Colvin,
Director, Office of Exchange Coordination and Designation, Bureau of 
Educational and Cultural Affairs, Department of State.
 [FR Doc. E7-10606 Filed 6-4-07; 8:45 am]
BILLING CODE 4710-05-P