Pre-Departure Orientation: Announcement from USAID RO

Following, is an announcement from the USAID RO from an email sent to all Visa Compliance System R2 Verifiers:

The purpose of this email is to remind you of how important it is to hold pre-departure orientations with U.S.-bound exchange visitors (EV's), and to emphasize the points that need to be thoroughly explained during those orientations. Please note that the term "EV" applies to, and includes, "participant trainees".

While there is no minimum set by USAID for pre-departure orientations, it is nonetheless imperative that Missions and/or partner organizations meet with individuals who are sponsored for training or other U.S. exchange visitor events in order to thoroughly discuss the conditions that exchange visitors will be held to. I have attached USAID Form 1381-6 to this email for your reference. It is very important to make sure that your EV's sign the most recent version of this form dated 08/05.

When an EV signs form 1381 (08/05), he/she agrees to certain conditions. They are summarized below:

1. The Two-Year Home Residency Requirement – EV's agree to return home immediately (within three days) of the end of the exchange visitor / training event.
2. The J-1 Visa – Traveling to the U.S. exclusively on a USAID J-1 visa, and keeping that visa current. No other visa may be used when sponsored or funded by USAID, unless the requirement for use of a J-1 is waived by a Mission Director or Washington Office Director under certain limited conditions.
3. Medical Insurance – Maintaining enrollment and coverage and not holding USAID responsible for medical costs while in the U.S.
4. U.S. Income Tax Payments and Forms – Filing any U.S. tax forms that may be required.
5. Dependents – Not traveling to the U.S. with dependents, unless specifically allowed by the USAID Mission.
6. Allowances – Reducing USAID's allowances if outside income or allowances are accepted by an EV while in the U.S.
7. Termination of the Exchange Visitor Program – When USAID can terminate an EV's program.
8. Legal Obligations – USAID will not provide funds for legal defense.
9. Automobile Ownership – USAID's policy on automobile ownership while the EV is in the U.S.
10. Performance – Adhere strictly to the approved program, participate fulltime and perform satisfactorily.

Missions and partner organizations must make sure that EV's completely understand and agree to the conditions in form 1381.

It is not enough to simply hand the form to the EV and tell him/her to sign it, without also discussing its content and making sure that it was carefully read and understood.

All of the conditions contained in the Conditions of Sponsorship form are important. That said, there is one condition that has a particular impact on USAID's non-returnee rate: The Two-Year Home Residency Requirement and the three-day return rule. Although Consular Officers may issue visas that are longer than the program dates of the EV's activity, and may inform EV's that they have as many as thirty days to return home, USAID's requirement as spelled out in ADS 252 and 253 is that all exchange visitors must depart the U.S. within three days of the end of their U.S. training/exchange visitor event. Missions and/or partner organizations must validate the EV's departure in TraiNet within three days. If departure is not validated within three days, USAID terminates the EV's program in the Department of Homeland Security's (DHS's) SEVIS system, and reports the EV as a non-returnee. It is absolutely imperative that you explain to your EV's that they must depart the U.S. within three days (unless extended by an EGAT/ED Responsible Officer or Alternate Responsible Officer), or their program will be terminated and they will be reported to DHS as non-returnees. EV's must understand that they cannot remain in the U.S. beyond the three days for personal reasons, such as "vacation" or for elective medical care. Being in non-returnee status with DHS can jeopardize an EV's opportunity to re-enter the U.S. again in the future, it can result in bills of collection for the EV, and it can waste scarce Mission resources. If your Mission's Security Risk and Fraud Inquiry or other information leads you to believe that an EV will use USAID funds for the purpose of immigrating, committing fraud, or otherwise remaining in the U.S. for any unauthorized reason, you simply should not select that EV.

And then there is the issue of "Results". Pre-departure orientations should also stress the critical issue of why the exchange visit / training event is being implemented by USAID. Regardless of the duration or type, the event is intended to support a specific Mission or USG objective. It is important that EV's understand their program within the context of this broader objective, and that they apply the results to the fullest extent feasible.

Thank you for your attention. Jim Nindel, EGAT/ED