State Department Proposes Tighter J-1 Termination and Reinstatement Rules

The proposed rule would amend several provisions of the Exchange Visitor Program regulations at 22 CFR Part 62.

The changes would clarify when sponsors must terminate an exchange visitor’s participation, create new State Department termination authority, revise extension and reinstatement procedures and update how certain SEVIS status errors are corrected.

The proposal would also add regulatory definitions of “Unauthorized Employment” and “Valid Program Status”.

Changes to J-1 program termination

The proposal would revise the circumstances in which sponsors must terminate an exchange visitor’s participation.

Proposed grounds include falsifying information or failing to provide full and truthful responses, information or documentation during the application process or while participating in the program.

The State Department would also gain express authority to terminate participation in specified cases, including certain instances of unauthorized employment, false or incomplete information and visa revocation or cancellation with immediate effect.

Where the Department proposes termination on certain grounds, including unauthorized employment or false or incomplete information, the exchange visitor would receive at least 30 days’ written notice and would have 10 days to submit a written statement opposing termination.

A timely response would stay the proposed termination while the Department considers the submission. The subsequent decision would be final, with no further administrative appeal under the proposed procedure.

SEVIS corrections and reinstatement

One of the most important operational changes concerns the correction of SEVIS records.

Sponsors would generally have 30 days from the date an exchange visitor’s SEVIS record entered an incorrect status to use the SEVIS “Correct SEVIS Status” function.

A correction made within that period would not require a formal State Department reinstatement request or reinstatement fee. Once the 30-day period has passed, formal reinstatement would generally be required.

Reinstatement requests would be initiated through SEVIS, with supporting documentation submitted to the State Department within 10 calendar days.

The proposal would generally use a five-month reinstatement period, with later requests considered only where exceptional circumstances can be shown and the request was made as promptly as possible.

Reinstatement would not be available in certain cases, including specified instances of unauthorized employment, failure to maintain required insurance, involuntary suspension or termination and abandonment of the original program objective.

Changes to J-1 program extensions

Sponsors would continue to be able to extend a program through SEVIS where the extension remains within the maximum duration allowed for the relevant J-1 category.

Where State Department approval is required for an extension beyond the normal maximum duration, the sponsor would have to submit the SEVIS request and supporting documentation no later than three months before the requested extension period begins.

The proposed rule states that there would be no exceptions for late submissions.

The State Department also proposes to remove the separate extension provision for au pairs, bringing au pair extensions within the general extension framework.

What do the proposed rules mean for J-1 sponsors?

The main compliance issue for sponsors is timing.

A SEVIS error identified and corrected within 30 days may remain an administrative correction. The same issue identified later could require formal reinstatement, while some violations could prevent reinstatement altogether.

Sponsors will therefore need reliable internal escalation procedures so that potential status issues reach the Responsible Officer quickly. This is particularly important where information passes between host organizations, supervisors, program coordinators, Responsible Officers and Alternate Responsible Officers.

Extension planning will also require closer control where State Department approval is needed, since the proposed three-month advance filing deadline would not provide an exception for late requests.

What do the proposed rules mean for J-1 exchange visitors?

The proposal would make compliance with program conditions and reporting requirements more consequential.

Unauthorized employment could lead to termination and could also prevent reinstatement. Exchange visitors should therefore ensure that any employment is permitted under their J-1 category and properly authorized where sponsor approval is required.

Participants would also need to provide complete and truthful information throughout their program. Where a SEVIS status issue arises, the options available may depend heavily on how quickly the problem is identified and addressed.

What happens next?

The changes remain proposed and do not currently alter the rules applying to J-1 sponsors or exchange visitors.

The State Department published the proposed rule on July 30, 2026 with a 60-day public comment period.

After reviewing comments, the Department will decide whether to proceed with a final rule. Any final provisions could differ from those currently proposed.

Sponsors should use the rulemaking period to review SEVIS monitoring, termination procedures, extension processes and internal escalation of potential status violations.

Need Assistance?

For advice on J-1 sponsor compliance, program termination, extensions or reinstatement issues and the potential impact of the proposed changes, book a fixed-fee telephone consultation with one of our US immigration attorneys.