United States | State Department proposes new J-1 exchange visitor termination and reinstatement rules

The U.S. Department of State published a Notice of Proposed Rulemaking, proposing several updates to the J-1 Exchange Visitor Program regulations, including new grounds for terminating exchange visitor programs, stricter timelines for extension requests and a streamlined process for correcting Student and Exchange Visitor Information System (SEVIS) records.

Key takeaways:

New grounds for termination and expanded State Department authority. The proposal would require J-1 program sponsors to terminate exchange visitors who provide false or incomplete information during the application process or while participating in the program. The State Department could terminate a participant’s program if their visa is revoked or canceled with immediate effect, or if the participant engages in unauthorized employment. Participants facing termination would have an opportunity to challenge the decision through a new proposed procedure.

Clarifies and streamlines the process for extensions, including establishing an extension filing deadline. The proposal would replace existing rules for extensions and would establish a deadline for submitting certain extensions. Sponsors seeking extensions beyond the maximum duration of a J-1 category would need to submit requests through SEVIS and provide supporting documentation at least three months before the requested extension period begins. No exceptions would be available for late filings.

Modifies SEVIS corrections and reinstatement. The proposal would “simplify” SEVIS system requirements and record keeping. The proposal would limit deadlines for minor infractions from 120 days to just 30 days for sponsors to correct certain SEVIS status errors directly without State Department approval. If a correction cannot be made within 30 days, sponsors would need to request formal reinstatement. The department proposes to align reinstatement eligibility with Department of Homeland Security policy, currently allowing consideration of requests filed within five months of a status lapse.

New definitions aligned with USCIS policy. The rule would create a new definition of “valid program status” and formally define “unauthorized employment” using language aligned with U.S. Citizenship and Immigration Services policy.

Additional Information: The State Department said the changes are intended to improve program integrity, data accuracy, participant oversight and national security while updating regulations that have not been significantly revised since 1999. The proposal is open for public comment for 60 days.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2026 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.