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| Foundation for Phone: 212.300.2138 Fax: 646.349.3455 cordellhull@aol.com www.cordellhull.org www.cordellhull.net 501 Fifth Avenue, Suite 300 New York, NY 10017 |
Department of State may, in its sole discretion, redesignate the organization as an Exchange Visitor
Program sponsor for one or two years.
Problematic. What are the reasons that an organization would be denied a 2-year designation? This is more
important than ever now since there is a $1,748 fee for designation.
1) Criteria should be spelled out why an organization would not be entitled to a 2-year designation. More
transparency and clarity is called for.
2) The redesignation period should be reinstated to 5 years. The 5-year time period was reduced from 5
to 1 or 2 years in 2003.
§ 62.8 General program requirements.
(a) Size of program. A sponsor, other than a Federal Government agency, must have no fewer than five
actively participating exchange visitors during the annual reporting cycle (e.g., academic, calendar or fiscal)
as stated in its letter of designation or redesignation. The Department of State may, in its sole discretion
and for good cause shown, waive this requirement.
(1) Under what specific conditions (for “good cause shown”) should the 5-EV requirement for new programs
be waived?
(2) It would be enlightening for the designation office to inform sponsors when their constituents are applying
for their own designation.
• The department would benefit from knowing about that organization and its operating practices.
• Sometimes constituents apply for their own designation because they do not wish to comply with the
regulations that sponsors are enforcing.
• Constituents never tell the sponsor that they are applying. Sponsors deserve to know if their income is
going to be reduced in order to estimate reasonable operating budgets, office space, personnel.
§ 62.9 General obligations of sponsors.
(2) ROs and AROs must be employees or officers of the designated sponsor. Upon written sponsor request,
the Department of State may, in its sole discretion, authorize the appointment of an individual who is not an
employee or officer to serve as an ARO.
(5)(d) Allotment requests. (1) Annual Form DS–2019 allotment.
A sponsor must submit an electronic request via SEVIS to the Department of State for an annual allotment of
Forms DS–2019 based on the annual reporting cycle (e.g., academic, calendar or fiscal year) stated in its
letter of designation or redesignation. A sponsor should allow up to four weeks for the processing of the
allotment request. The Department has the sole discretion to determine the number of Forms DS–2019 to be
issued to a sponsor.
Some sponsors have had difficulties getting their allotments timely, which reflects negatively on the
reputation of the organization and causes, again, a great deal of unnecessary stress. Also, program
supervisors in some J categories have told sponsors that they must decide on their allotment and are only
permitted to request forms once a year. This is not in the regs, and sounds a bit unreasonable, if you follow
the unintended results to their logical conclusion. It may be more convenient for designation staff but can
cause great difficulty for the sponsor if, in fact, they receive an unexpected request for a large number of
new EVs. In that case, does the sponsor have to say “no”?
(2) Program Expansion
We think it reasonable to reinstate the previous automatic 10% rule, allowing sponsors with less than 1,000
EVs to grow up to 10% without having to submit the full complement of paperwork and details listed. For
extremely large programs over 1,000 the 10% rule would not apply.
In general, sponsors would appreciate knowing who exactly makes policy decisions, what is the reasoning
behind more regulations, and how can sponsors provide input so that unreasonable and unwieldy
regulations that tie our hands can be discussed, to give sponsors a chance to explain the actual realty and
working conditions impacted.
Program sponsor for one or two years.
Problematic. What are the reasons that an organization would be denied a 2-year designation? This is more
important than ever now since there is a $1,748 fee for designation.
1) Criteria should be spelled out why an organization would not be entitled to a 2-year designation. More
transparency and clarity is called for.
2) The redesignation period should be reinstated to 5 years. The 5-year time period was reduced from 5
to 1 or 2 years in 2003.
§ 62.8 General program requirements.
(a) Size of program. A sponsor, other than a Federal Government agency, must have no fewer than five
actively participating exchange visitors during the annual reporting cycle (e.g., academic, calendar or fiscal)
as stated in its letter of designation or redesignation. The Department of State may, in its sole discretion
and for good cause shown, waive this requirement.
(1) Under what specific conditions (for “good cause shown”) should the 5-EV requirement for new programs
be waived?
(2) It would be enlightening for the designation office to inform sponsors when their constituents are applying
for their own designation.
• The department would benefit from knowing about that organization and its operating practices.
• Sometimes constituents apply for their own designation because they do not wish to comply with the
regulations that sponsors are enforcing.
• Constituents never tell the sponsor that they are applying. Sponsors deserve to know if their income is
going to be reduced in order to estimate reasonable operating budgets, office space, personnel.
§ 62.9 General obligations of sponsors.
(2) ROs and AROs must be employees or officers of the designated sponsor. Upon written sponsor request,
the Department of State may, in its sole discretion, authorize the appointment of an individual who is not an
employee or officer to serve as an ARO.
(5)(d) Allotment requests. (1) Annual Form DS–2019 allotment.
A sponsor must submit an electronic request via SEVIS to the Department of State for an annual allotment of
Forms DS–2019 based on the annual reporting cycle (e.g., academic, calendar or fiscal year) stated in its
letter of designation or redesignation. A sponsor should allow up to four weeks for the processing of the
allotment request. The Department has the sole discretion to determine the number of Forms DS–2019 to be
issued to a sponsor.
Some sponsors have had difficulties getting their allotments timely, which reflects negatively on the
reputation of the organization and causes, again, a great deal of unnecessary stress. Also, program
supervisors in some J categories have told sponsors that they must decide on their allotment and are only
permitted to request forms once a year. This is not in the regs, and sounds a bit unreasonable, if you follow
the unintended results to their logical conclusion. It may be more convenient for designation staff but can
cause great difficulty for the sponsor if, in fact, they receive an unexpected request for a large number of
new EVs. In that case, does the sponsor have to say “no”?
(2) Program Expansion
We think it reasonable to reinstate the previous automatic 10% rule, allowing sponsors with less than 1,000
EVs to grow up to 10% without having to submit the full complement of paperwork and details listed. For
extremely large programs over 1,000 the 10% rule would not apply.
In general, sponsors would appreciate knowing who exactly makes policy decisions, what is the reasoning
behind more regulations, and how can sponsors provide input so that unreasonable and unwieldy
regulations that tie our hands can be discussed, to give sponsors a chance to explain the actual realty and
working conditions impacted.