Comments: Proposed Rule on J-1 Terminations

On behalf of the American Council on Education (ACE) and the undersigned higher education associations, we write in response to the proposed rule regarding the termination of J-1 exchange visitor program participation under 22 CFR § 62.40. The proposed rule provides an additional basis for terminating an individual’s participation in the J-1 exchange visitor program when he or she “falsifies or fails to provide a full and truthful response, information, or documents as part of his or her exchange visitor application or during the ongoing exchange program.” It also expands the circumstances under which the State Department can terminate a J-1 visa holder’s program participation after a visa is revoked with immediate effect, requiring the individual to immediately leave the country or risk removal.

The J-1 exchange visitor program is a critical citizen diplomacy program, fostering the exchange of knowledge, training, and experience to the benefit of the United States as well as the participant’s home country. It is also an important nonimmigrant category for postdoctoral researchers, medical residents, and other scholars not otherwise offered employment on an H-1B visa or directly enrolled in a college or university as a full-time student on an F-1 visa. The program also allows universities to attract and retain professors, physicians, and other research scholars in key short-term roles… (download attachment for full letter).