The U.S. Department of State (DOS) has proposed significant changes to the Exchange Visitor Program (EVP) that would expand the circumstances under which J-1 exchange visitors can have their programs terminated and potentially be required to leave the United States. The proposal was published as a Notice of Proposed Rulemaking and is scheduled for publication in the Federal Register on July 30, 2026, with a 60-day public comment period.
The rule would amend regulations governing J-1 exchange visitors and J-2 dependents, including program termination, program extensions, and reinstatement procedures. According to the Department of State, the changes are intended to strengthen program integrity, visitor welfare, and national security while modernizing regulations that have remained largely unchanged since 1999.
New Grounds for Mandatory Program Termination
One of the most significant changes would require sponsors to terminate a participant’s program if the exchange visitor:
- Falsifies information or documents;
- Fails to provide complete and truthful information; or
- Provides false information during the application process or throughout the exchange program.
The proposal specifically notes that such conduct could involve false information related to:
- U.S. residential addresses;
- Educational qualifications;
- School attendance; or
- Other information needed to determine continued eligibility for J-1 status.
Under the proposed rule, sponsors would be required to terminate participation when these violations are discovered.
Visa Revocations Could Trigger Immediate Program Termination
The proposal would also expand the Department of State’s discretionary authority to terminate exchange visitor participation.
Under the proposed regulation, the Department could terminate a participant’s exchange program when:
- The Department of State revokes or cancels a visa with immediate effect; or
- The Department of Homeland Security cancels a visa with immediate effect.
The Department states that in such situations, affected individuals could be required to leave the United States immediately or risk removal proceedings.
New Termination Authority for Unauthorized Employment
The State Department is also proposing explicit authority to terminate exchange visitor participation when a participant engages in unauthorized employment. The proposed rule adopts a definition similar to USCIS guidance and defines unauthorized employment as work performed without authorization or beyond the scope of approved employment authorization.
The definition would apply to both J-1 exchange visitors and J-2 dependents.
Limited Right to Challenge Certain Terminations
The proposal creates a new process allowing exchange visitors to challenge certain termination decisions.
If termination is based on:
- Unauthorized employment; or
- Falsified or incomplete information,
the Department would provide at least 30 days’ written notice of its intent to terminate participation. Exchange visitors would then have 10 days to submit a statement opposing the proposed termination.
The rule provides that:
- The filing of a response would temporarily stay the termination.
- The Deputy Assistant Secretary for Private Sector Exchange would issue a final decision.
- Hardship or equitable arguments would not be grounds for overturning a termination.
- The decision would not be subject to further administrative appeal.
Program Extension Rules Also Updated
The proposal would make several changes to J-1 extension procedures.
For extension requests beyond the maximum permitted program duration:
- Sponsors would be required to submit requests through SEVIS.
- Supporting documentation must be submitted to the Department of State no later than three months before the requested extension period.
- The Department states there will be no exceptions for late submissions.
The rule would also eliminate separate extension procedures for au pairs and place them under the same general extension framework applicable to other exchange visitor categories.
New Reinstatement and SEVIS Compliance Procedures
The proposal also modernizes procedures for correcting SEVIS records and reinstating participants to valid program status.
Key changes include:
- A new definition of “Valid Program Status.”
- A new standardized “Correct SEVIS Status” process.
- A 30-day window to correct most SEVIS errors without Department approval.
- Alignment of reinstatement timelines with DHS policy, currently allowing reinstatement requests for participants who have been out of status for up to five months.
Sponsors would be prohibited from requesting reinstatement in certain situations, including where a participant:
- Engaged in unauthorized employment;
- Failed to maintain required insurance coverage;
- Changed status to another nonimmigrant category; or
- Received a favorable INA § 212(e) waiver recommendation.
Erickson Insights and Analysis
The proposal represents one of the most substantial updates to Exchange Visitor Program regulations in more than two decades. If finalized, the rule would increase sponsors’ responsibilities for monitoring participant compliance while expanding the government’s authority to terminate J-1 participation based on visa revocations, unauthorized employment, and misrepresentation.
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.