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IN GENERAL.—Except as otherwise provided by this subtitle, the terms used in this subtitle shall have the same meanings, respectively, as are given those terms in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203), except that the term employer shall also include a prospective employer seeking to hire exchange visitors with which the sponsor has a contractual relationship.




EXCHANGE VISITOR.—The term exchange visitor means a foreign national who is inquiring about or applying to participate in the exchange visitor program or who has successfully applied and has completed or is completing an exchange visitor programs not funded by the United States Government as governed by sections 2.22, 62.24, 62.30, 62.31, and 62.32 of title 22, Code of Federal Regulations.


EXCHANGE VISITOR PROGRAM.—The term exchange visitor program means the international exchange program administered by the Department of State to implement the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.), by means of educational and cultural programs.


EXCHANGE VISITOR PROGRAM RECRUITMENT ACTIVITIES.—The term exchange visitor program recruitment activities means activities related to recruiting, soliciting, transferring, providing, obtaining, or facilitating participation of individuals who reside outside the United States in an exchange visitor program including when such activity occurs wholly outside the United States.


EXCHANGE VISITOR PROGRAM SPONSOR; SPONSOR.—The term exchange visitor program sponsor or sponsor means a legal entity designated by the Secretary of State, in the Secretary’s discretion, to conduct an exchange visitor program governed by sections 62.22, 62.24, 62.30, 62.31, and 62.32 of title 22, Code of Federal Regulations).


FOREIGN ENTITY.—The term foreign entity means a person contracted by a sponsor to engage in exchange visitor program recruitment activities on the sponsor’s behalf and any subcontractors thereof.


HOST ENTITY.—The term host entity means host organization,primary or secondary accredited educational institution,camp facility,host family, or employer/host employer as used in sections 62.22, 62.24, 62.30, 62.31, and 62.32 of title 22, Code of Federal Regulations, respectively.


REGULATIONS.—Any reference to any provision of regulations shall include any successor provision addressing the same subject matter.