The Attorney-Adviser, Private Sector Exchange Program, is a specialist attorney dedicated to administrative law and regulatory legal issues arising in the Exchange Visitor Program (EVP) established by the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. § 2451, et seq.), also known as the Fulbright-Hays Act. In particular, the Attorney-Adviser, Private Sector Exchange Program, will focus on the private sector exchange parts of the EVP, through which non-governmental entities are designated by the Department of State as sponsors of exchange programs and then conduct exchange programs consistent with Department of State regulations found in 22 CFR Part 62, and subject to Department of State monitoring and oversight. Examples of private sector exchange categories of the EVP (found in 22 CFR Part 62) include Au pair, Summer Work Travel, Alien Physician, College/University Students, Intern, and Trainee.
The Attorney-Adviser, Private Sector Exchange Program, will report to the Assistant Legal Adviser for Public Diplomacy and Public Affairs, within the Department of State’s Office of the Legal Adviser, Office of Public Diplomacy and Public Affairs (L/PD), and will work alongside two other L/PD attorney-advisers (though that number is subject to change) to support the EVP work of the Office of Private Sector Exchange within the Bureau of Educational and Cultural Affairs (ECA/EC). Tasks will include:
· Drafting and reviewing updates to regulatory provisions in 22 CFR Part 62.
· Reviewing packages rejecting applications from entities seeking designation as EVP sponsors.
· Reviewing packages terminating the designation of EVP sponsors, e.g., for failure to carry out their programs.
· Reviewing packages to sanction EVP sponsors when warranted consistent with 22 CFR § 62.50.
· Reviewing “letters of concern“ intended for EVP sponsors, e.g., to notify sponsors of Department concerns about regulatory non-compliance.
· Reviewing other communications to individual sponsors or groups of sponsors, as needed.
· Serving as agency counsel in litigation challenging aspects of the EVP, including coordinating with and reviewing potential filings drafted by the Department of Justice, and advising clients at all levels on litigation risks and strategies.
· Supporting client efforts to react to emergencies in the program, e.g., reports of serious risks to exchange participants’ health, safety, and welfare.
· Coordinating with colleagues in L/PD and other offices within the Office of the Legal Adviser, and with ECA/EC clients, on a range of efforts to improve the EVP.
Other duties as assigned.
A complete package consisting of cover letter, resume, law school transcript and three professional references must be submitted to legaljobs@state.gov by COB April 16, 2020.