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[Federal Register Volume 88, Number 65 (Wednesday, April 5, 2023)]
[Notices]
[Pages 20202-20203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07021]
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DEPARTMENT OF STATE
[Public Notice 11871]
Exchange Visitor Program
ACTION: Notice of Temporary Waiver and Modification of Certain
Regulatory Requirements.
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SUMMARY: In accordance with the General Provisions of the Exchange
Visitor Program regulations, the Department's Assistant Secretary for
Educational and Cultural Affairs waives and modifies certain regulatory
requirements with respect to a temporary educational and cultural
exchange program established pursuant to an arrangement between the
Government of the United States of America and the Government of
Ukraine. This arrangement allows the Department to extend Special
Student Relief to eligible Ukrainian students in the United States on
J-1 visas to help mitigate the adverse impact on them resulting from
the full-scale Russian invasion of Ukraine that began on February 24,
2022.
DATES: This action was effective on August 18, 2022, and will remain in
effect until October 23, 2023, unless the U.S. Government unilaterally
ends the arrangement early or the U.S. Government and the Government of
Ukraine together extend its termination date. The Department will
publish a document in the Federal Register if the termination date is
changed.
FOR FURTHER INFORMATION CONTACT: Nicole Elkon, Deputy Assistant
Secretary, Private Sector Exchange at 2200 C Street NW, SA-5, 5th
Floor, Washington, DC 20522 or via email at JExchanges@state.gov. or
phone (2020 826-4364.
[[Page 20203]]
SUPPLEMENTARY INFORMATION: On February 24, 2022, Russian military
forces invaded Ukraine, resulting in the destruction of infrastructure
and the disruption of daily life. Many exchange visitors from Ukraine
dependent upon financial support originating in their home country have
limited or no access to funds. Others may have difficulty returning
home. To ameliorate hardship arising from lack of financial support and
to facilitate these students' continued studies in the United States,
in accordance with the Exchange Visitor Program Regulations, located in
22 CFR part 62, the Department's Assistant Secretary for Educational
and Cultural Affairs has waived and/or modified certain provisions in
Sec. 62.23 with respect to an educational and cultural exchange
program established pursuant to an arrangement between the Government
of the United States of America and the Government of Ukraine. The
Department is establishing this temporary program to offer ``Special
Student Relief'' to eligible Ukrainian exchange visitors in the College
and University category. As described in detail below and with respect
to Special Student Relief for eligible Ukrainian students, the
Department temporarily waives and/or modifies the application of
selected portions of the following sections of regulations governing
the College and University Student category of the Exchange Visitor
Program: Full Course of Study (Sec. 62.23(e)), Student Employment
(Sec. 62.23(g), and Duration (Sec. 62.23(h)).
Individuals eligible for Special Student Relief, like those
eligible for Temporary Protective Status (TPS), must have continuously
resided in the United States since April 11, 2022. Special Student
Relief with respect to program status and employment for J-1 Ukrainian
students does not apply to Federal Work-Study jobs.
Regulations at Sec. 62.23(e) enumerate the circumstances under
which students (except student interns) are exempt from the ``full
course of study'' requirement as defined in Sec. 62.2. Because those
circumstances do not include exigent circumstances such as war as an
articulated exemption from the full course of study requirement, the
Department temporarily waives Sec. 62.23(e) for eligible Ukrainian
students.
Regulations at Sec. 62.23(g) enumerate the conditions that
students (except student interns) must meet to engage in employment.
With respect to Special Student Relief, the Department temporarily
waives all subsections of Sec. 62.23(g) except (g)(2)(i) and (iv). By
retaining Sec. 62.23(g)(2)(i), Ukrainian students are required to
remain in good academic standing at the post-secondary accredited
academic institutions at which they are registered. By modifying Sec.
62.23(g)(2)(iv), sponsors may grant advanced, written employment
approval to last beyond the twelve months that the provision currently
allows, i.e., for the duration of the arrangement between the United
States and Ukraine. Waiver and modification of these provisions allow
eligible Ukrainian students to work on- or off-campus, for more than 20
hours a week, and for longer than twelve months.
Regulations at Sec. 62.23(h) enumerate the conditions that
exchange visitors must meet to retain their authorization to
participate in the Exchange Visitor Program. For purposes of Special
Student Relief, the Department modifies Sec. 62.23(h)(1)(i)(A) to
allow eligible Ukrainian students to pursue course work equivalent to
half of the full course of study requirement as defined in Sec. 62.2
and further explained in paragraph (e) of Sec. 62.23. The Department
similarly modifies Sec. 62.23(h)(2)(i)(A) to allow eligible Ukrainian
students to participate half-time in a prescribed course of study. In
other words, degree-seeking students may limit their course work to
half of their academic institutions' definition of a full-course of
study. Similarly, non-degree-seeking students may reduce participation
in their academic programs from full- to part-time.
The Department notes that the establishment of Special Student
Relief does not alter the rules and requirements of accredited academic
institutions. If, for example, an institution does not allow part-time
participation in non-degree academic programs, students must negotiate
flexible conditions with their institutions to overcome such rules and
requirements. The temporary waiver and modification of Exchange Visitor
Program regulations only address conditions that eligible Ukrainian
exchange visitors must meet to be in status and comply with Exchange
Visitor Program eligibility requirements.
Responsible Officers of academic institutions may authorize Special
Student Relief for college and university students in J-1 status whose
means of financial support from Ukraine has been disrupted, reduced, or
eliminated due to the Russian invasion if they have continuously
resided in the United States since April 11, 2022, and meet the reduced
course load requirements set forth above. To authorize on-campus or
off-campus employment for these students, Responsible Officers should
update the students' records in the Student and Exchange Visitor
Information System (SEVIS) by notating the following text in the
``Remarks'' field: ``Special Student Relief work authorization granted
until October 19, 2023.'' To authorize a reduced course load due to
such employment, Responsible Officers should also notate the
``Comment'' field in the SEVIS record with the following text:
``reduced course load authorized.'' Responsible Officers should monitor
students at the start of each term to confirm that students seeking to
reduce their course loads intend to work more than 20 hours a week or
that students who availed themselves of reduced course loads intend to
continue to work more than 20 hours a week.
If the arrangement between the United States and Ukraine is
terminated early or extended, Responsible Officers should update the
Remarks field accordingly. Exchange visitors participating according to
the waived and/or modified provisions at the time the arrangement ends
may continue their current employment and course load through the end
of the academic term during which the arrangement ends.
Lee Satterfield,
Assistant Secretary, Bureau of Educational and Cultural Affairs,
Department of State.
[FR Doc. 2023-07021 Filed 4-4-23; 8:45 am]
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