Program Modifications

Reinstatement


On occasion, exchange visitors fail to maintain valid program status through circumstances beyond their control, inadvertence, or neglect on their part or as result of an error made by their program sponsor or RO.

Some minor errors that might be considered violations can be corrected without a need for a formal reinstatement, provided no more than 120 days have elapsed since the infraction. However, if an exchange visitor is out of program status for more than 120 days and if the violations are substantive, such as failing to maintain a full course of study without prior approval from the RO/ARO and academic advisor, the exchange visitor must file for reinstatement.

An exchange visitor is not eligible for reinstatement if s/he has:

  • Knowingly or willfully failed to obtain or maintain the required health insurance at all times while in the USA.
  • Engaged in unauthorized employment
  • Been suspended or terminated from most recent exchange visitor program
  • Failed to maintain valid program status for more than 270 calendar days
  • Received favorable recommendation from DOS on an application for waiver of 212(e)*; or,
  • Failed to pay the SEVIS fee

*Please note that if the Department of State has recommended a waiver for the 212(e) home residence requirement, you are not eligible for reinstatement. If you have applied for a waiver but the Department of State has not yet issued a recommendation for a waiver, you are eligible for a correction and reinstatement.

The process of requesting reinstatement is as follows:

  1. Request RO/ARO approval for Reinstatement Request. The exchange visitor must submit proof that both inadvertence or circumstances beyond one’s control and unusual hardship will occur if s/he is not reinstated.
  2. RO/ARO submits Reinstatement Request through SEVIS.
  3. Send $198 fee to US Department of State
  4. Send written statement from RO/ARO containing an explanation of the violation, a declaration of the exchange visitor’s intention to pursue intended activities and confirmation that the violation was due to circumstances beyond the control of the exchange visitor or inadvertence, administrative delays or excusable neglect on the part of the exchange visitor or RO/ARO.

If approved, the exchange visitor is reinstated back to the date of receipt of the application, not back to the date when they failed to maintain status. It is generally understood that this gap will not result in any prejudice and will not make an exchange visitor “unlawfully present” during that gap.

For more information on the reinstatement application and process, visit this website.