NOSHOWS and Non-Returnees - Proper Reporting is Necessary
Following, is an announcement from the USAID RO from an email sent to all Visa Compliance System R2 Verifiers and R3 Approvers:
The full ADS documents, from which text is quoted below, can be found here:
The purpose of this email is to remind Missions and implementing partners of the importance of reporting "no-shows" and "non-returnees" to USAID's Responsible Officer or Alternate Responsible Officers in EGAT/ED.
Missions and implementing partners are also reminded of their responsibility to make every possible attempt to locate no-shows and non-returnees.
USAID's Responsible Officer is James Nindel, jnindel@usaid.gov
USAID's Alternate Responsible Officer's are:
Linda Walker, lwalker@usaid.gov
Jeffrey Shahan, jshahan@usaid.gov
Ethel Brooks, ebrooks@usaid.gov
Please refer to ADS 252.3.8.1 through 252.3.8.3, below, for further guidance.
252.3.8.1 Validation of Arrival
Effective Date: 03/22/2007
Exchange Visitors must not arrive in the U.S. more than three calendar days prior to the beginning of their program or activity (seven calendar days for long-term training programs).
Within three calendar days of the start date indicated on the Exchange Visitor's DS-2019, the Sponsoring Unit or Implementer must confirm that each Exchange Visitor has arrived in the U.S. and begun their program or activity. Upon confirmation, the R-1 (see 252.3.5.1) must update the status of the Exchange Visitor in TraiNet. The R-2 verifies this update in VCS and the USAID Responsible Officer submits it to SEVIS. USAID refers to this process as "validation." For further details on the validation process, please refer to The Complete Guide, USAID Visa Compliance
If the Exchange Visitor does not start the program upon arrival, the Sponsoring Unit or Implementer must report the Exchange Visitor to the USAID Responsible Officer, who reports the Exchange Visitor to Immigration and Customs Enforcement as a No-Show (see 252.3.8.3,).
252.3.8.2 Validation of Departure
Effective Date: 01/01/2005
Sponsoring Units or Implementers must track the departure status of their Exchange Visitors and update TraiNet accordingly. USAID-sponsored Exchange Visitors must depart the U.S. within three calendar days (seven calendar days for long-term training programs) of the program end date indicated on their DS-2019, unless circumstances arise that preclude such departure and that the USAID Responsible Officer or Alternate Responsible Officer approves in writing. The intent of this policy is to accommodate those Exchange Visitors who are unable to depart the U.S. It is not intended to accommodate those individuals who seek to remain in the United States to participate in personal business, including visits to friends or family members who reside in the U.S. The USAID Responsible Officer approval is contingent upon written justification and assurance that the Sponsoring Unit will track the whereabouts of the Exchange Visitor and cover all associated costs including, but not limited to, HAC insurance.
In the event that an Exchange Visitor does not depart the United States within three calendar days of his/her program end date, as indicated on the DS-2019, the Sponsoring Unit or Implementer must report the Exchange Visitor immediately to the USAID Responsible Officer or Alternate Responsible Officer. The Sponsoring Unit or Implementer must do this so that the Exchange Visitor's data can be terminated in SEVIS for violating sponsor rules governing the program (see 252.3.8.3). See ADS 253.3.7 and ADS 625.3.4.3 for policy and procedures governing the recovery of sponsorship costs for non-returnees.,/i>
252.3.8.3 Termination in SEVIS of No Shows, Non-returnees, and Other Exchange Visitors
Effective Date: 03/22/2007
It is the responsibility of Sponsoring Units and Implementing partners to monitor and confirm the arrival and departure of their Exchange Visitors. In the event that an Exchange Visitor becomes a No Show (see 252.3.8.1) or a Non-returnee (see 252.3.8.2), the Sponsoring Unit or Implementing partner must inform the USAID Responsible Officer as soon as they become aware of such circumstances.
Sponsoring units and implementing partners must attempt to contact an Exchange Visitor who has been identified as a No Show or a Non-returnee and inform them that they will be reported to the Department of Homeland Security and that USAID may attempt to collect their sponsorship costs from the Exchange Visitor. If a Sponsoring Unit or implementer cannot ultimately locate an Exchange Visitor for tracking purposes, the Sponsoring Unit or Implementer must complete the following actions:
(1)Solicit information regarding an Exchange Visitor's whereabouts from all available sources, including fellow students, friends, and relatives; and report such information both to police and the USAID Responsible Officer or Alternate Responsible Officer;
(2)File a "missing persons" police report, if feasible; and
(3)Expeditiously notify the USAID Responsible Officer or Alternate Responsible Officer in writing, for possible program termination in SEVIS.
Exchange Visitors who are No Shows will be terminated in SEVIS for failing to pursue program activities. Exchange Visitors who do not depart the United States within three calendar days of the end of their program will be classified as a non-returnee under ADS 253, absent prior approval of an extension by USAID, and will be terminated in SEVIS for violating sponsor rules governing the program. Termination in SEVIS may affect the Exchange Visitor's ability to re-enter the United States in the future.
If a participant trainee or exchange visitor who was previously reported as a non-returnee, does in fact depart the U.S. at a later date, regardless of whether or not he/she returns home, USAID's Responsible Officer must be notified.
Please let me know if you have any questions.
Thank you. Jim Nindel