Effective Date: November 06, 2002
Expiration Date: November 06, 2022
|Update with 1400 Compliance, clairfy policy paragraph, update authorities|
|Update with 1400 Compliance and update citations.|
a. It is NASA policy to comply with the National policy regarding certain foreign nationals that are in the United States on the J-1 Exchange Visitor Program as detailed in 8 CFR § 212.7(c) which is to require that they return to their home country for a period of two years upon expiration of their approved exchange program. While waivers to this policy are possible, it is NASA policy that requests for such waivers should be minimized, in particular, requests for NASA to intervene as an interested U.S. Government Agency.
b. However, if warranted by the circumstances and if the criteria of NPR 1371.1 can be satisfied, NASA may intervene and submit a request for waiver of the 2-year home country physical presence requirement on behalf of an exchange visitor that is supporting a NASA contract, grant, or cooperative agreement. Such requests will be processed pursuant to the procedures and guidelines in NPR 1371.1. General and specific guidelines for exchange visitor programs are documented in 22 CFR § 62.
a. This Directive is applicable to NASA Headquarters and NASA Centers, including Component Facilities and Technical and Service Support Centers.
b. In this directive, all mandatory actions (i.e., requirements) are denoted by statements containing the term "shall." The terms: "may" or "can" denote discretionary privilege or permission, "should" denotes good practice and is recommended, but not required, "will" denotes expected outcome, and "are/is" denotes descriptive material.
c. In this directive, "NASA directives" refers to both Agency-level and Center-level directives.
a. Immigration and Nationality Act, as amended, 8 U.S.C. § 1182(e), Section 212(e).
b. The National Aeronautics and Space Act of 1958, as amended, 51 U.S.C. § 20113(a).
a. Authorization of Activities, 22 U.S.C. § 2452.
b. Waivers of Certain Grounds of Excludability, 8 CFR § 212.7(c).
c. NASA Procecures Requirements (NPR) 1371.1.
a. The Director, Export Control and Interagency Liaison Division, Office of External Relations shall:
(1) Provide final review and approval for submission of a waiver request to the U.S. Department of State of contractor, grantee or cooperative agreement partner requests for waiver of the two-year home country physical presence requirement where NASA is asked to be an interested U.S. Government Agency; and
(2) Rendering advice and making recommendations in connection with such waiver requests.
b. Center Directors will:
(1) Iin coordination with the Enterprise Associate Administrators/Institutional Program Officers, ensure that only those waiver requests which merit approval for NASA to act as an interested U.S. Government Agency are forwarded to the Director, Export Control and Interagency Liaison Division, Office of External Relations.
(2) Ensure the appropriateness of NASA acting as an interested U.S. Government Agency in a particular case, that other waiver alternatives are not available or are not appropriate, and that waiver applications forwarded to the Director, Export Control and Interagency Liaison Division, Office of External Relations are legally sufficient and contain all information necessary for review and further processing.
c. Contracting Officer/Grants and Cooperative Agreements Officer or designee in accordance with 22 U.S.C. Section 2452 will:
(l) Document waiver requests in accordance with applicable procedures described in Chapter 3 of NPR 1371.1 where approval is sought for NASA to act as an interested U.S. Government Agency, and/or
(2) Inform the requesting party when a request is denied.
The means of measuring adherence with policy will be the number of waivers actually requested by NASA every year, that will be recorded by the Office of International and Interagency Relations. Because the number of waivers sought should be minimized, any significant increase in volume, especially over a period of 2 or more years, should be examined to ensure compliance.
NPD 1371.1G, Waivers Of the Residence Abroad Requirement for Employees of NASA Contractors and Grantees, dated November 6, 2002.
A.1 Exchange Visitor Program, 22 CFR Section 62-Exchange Visitor Program.