On July 30, 2026, the U.S. Department of State published a proposed rule (91 FR 48021) that would revise the regulations governing termination, extension, and reinstatement of J-1 Exchange Visitor Program status. This is the first substantive update to these provisions since 1999, and it is intended to align the rules with current SEVIS functionality.
What the Rule Proposes
Termination of program participation (22 CFR 62.40): The rule adds a new mandatory termination ground for sponsors: when an exchange visitor falsifies or fails to provide full and truthful information or documentation, whether during the application process or over the course of the program. It also expands the Department's own discretionary authority to terminate a J-1's program directly – including when the Department or DHS revokes or cancels a visa with immediate effect, when an exchange visitor engages in unauthorized employment, or for the same falsification/nondisclosure grounds. Exchange visitors terminated on the latter two grounds would receive 30 days' written notice and the right to submit a statement of opposition within 10 business days, though appeals based on hardship or other equitable considerations would not be permitted.
Notably, under current regulations, failure to maintain the required health and accident insurance for the J-1 and any J-2 dependents is a mandatory termination ground only if the failure is willful; the proposed rule would drop that intent requirement, so any lapse in coverage – willful or not – would be sufficient grounds for termination.
Extension of program (22 CFR 62.43): The rule streamlines the process for extending a program beyond its maximum authorized duration, setting a firm deadline of three months before the new extension period begins, with no exceptions for late submissions.
Reinstatement to valid program status (22 CFR 62.45): The rule replaces the current three-tier violation system (minor/technical, substantive, non-reinstatable) with a simplified two-track approach built around SEVIS functionality: a 30-day “Correct SEVIS Status” self-service option for administrative errors, and a formal reinstatement application – evaluated against DHS's current out-of-status timeframe rather than the prior fixed 270-day window – for everything else. The rule also adds regulatory definitions for “Unauthorized Employment” (aligned with USCIS policy language) and “Valid Program Status.”
Proposed Rule and Public Comment Period
Because the Department of State has historically treated Exchange Visitor Program rulemaking as exempt from notice-and-comment requirements, the 60-day comment window here is a discretionary opportunity rather than a statutory obligation. The public can submit comments through September 28, 2026, either online via Regulations.gov (Docket ID: DOS-2026-0859) or by sending an email to JExchanges@state.gov (include “RIN 1400-AF23” in the subject line).
This is a proposed rule only – none of these changes are currently in effect. After the comment period closes, the Department will review submitted comments, may revise the rule accordingly, and will send a final rule through OMB/OIRA review before publishing it in the Federal Register with a future effective date. We will continue to monitor this rulemaking and share updates as they become available.
