[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR214.4]



[Page 354-356]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 214_NONIMMIGRANT CLASSES--Table of Contents

 

Sec. 214.4  Withdrawal of school approval.



    (a) General--(1) Withdrawal on notice. If a school's approval is 

withdrawn on notice as provided in paragraphs (b), (c), (d), (e), (f), 

(g), (h), (i) (j), and (k) of this section, the school is not eligible 

to file another petition for school approval until at least one year 

after the effective date of the withdrawal. The approval by the Service, 

pursuant to sections 101(a)(15)(F)(i) or 101(a)(15)(M)(i) or both, of 

the Act, of a petition by a school or school system for the attendance 

of nonimmigrant students will be withdrawn on notice if the school or 

school system is no longer entitled to the approval for any valid and 

substantive reason including, but not limited to, the following:

    (i) Failure to comply with Sec. 214.3(g)(1) without a subpoena.



[[Page 355]]



    (ii) Failure to comply with Sec. 214.3(g)(2).

    (iii) Failure of a designated school official to notify the Service 

of the attendance of an F-1 transfer student as required by Sec. 

214.2(f)(8)(ii).

    (iv) Willful issuance by a designated official of a false statement 

or certification in connection with a school transfer or an application 

for employment or practical training.

    (v) Any conduct on the part of a designated official which does not 

comply with the regulations.

    (vi) The designation as a designated official of an individual who 

does not meet the requirements of Sec. 214.3(l)(1).

    (vii) Failure to provide the Service with the names, titles, and 

sample signatures of designated officials as required by Sec. 

214.3(l)(2).

    (viii) Failure to submit statements of designated officials as 

required by Sec. 214.3(l)(3).

    (ix) Issuance of Forms I-20A or I-20M to students without receipt of 

proof that the students have met scholastic, language or financial 

requirements.

    (x) Issuance of Forms I-20A or I-20M to aliens who will not be 

enrolled in or carry full courses of study as defined in Sec. Sec. 

214.2(f)(6) or 214.2(m)(9).

    (xi) Failure to operate as a bona fide institution of learning.

    (xii) Failure to employ qualified professional personnel.

    (xiii) Failure to limit its advertising in the manner prescribed in 

Sec. 214.3(j).

    (xiv) Failure to maintain proper facilities for instruction.

    (xv) Failure to maintain accreditation or licensing necessary to 

qualify graduates as represented in the petition.

    (xvi) Failure to maintain the physical plant, curriculum, and 

teaching staff in the manner represented in the petition for school 

approval.

    (xvii) Failure to comply with the procedures for issuance of Forms 

1-20A or 1-20M as set forth in Sec. 214.3(k).

    (xviii) Failure of a designated school official to notify the 

Service of material changes to the school's name, address, or curriculum 

as required by Sec. 214.3(e)(2).

    (2) Automatic withdrawal. If an approved school terminates its 

operations, approval will be automatically withdrawn as of the date of 

termination of the operations. If an approved school changes ownership, 

approval will be automatically withdrawn sixty days after the change of 

ownership unless the school files a new petition for school approval 

within sixty days of that change of ownership. The district director 

must review the petition to determine whether the school still meets the 

eligibility requirements of Sec. 214.3(e). If, upon completion of the 

review, the district director finds that the approval should not be 

continued, the district director shall institute withdrawal proceedings 

in accordance with paragraph (b) of this section. Automatic withdrawal 

of a school's approval is without prejudice to consideration of a new 

petition for school approval.

    (3) Automatic withdrawal as of SEVIS mandatory compliance date. The 

present approval of any school that has not filed for enrollment in 

SEVIS by the mandatory compliance date for attendance of nonimmigrant 

students under section 101(a)(15)(F)(i) or 101(a)(15)(M)(i) of the Act 

is automatically withdrawn as of the day following the mandatory 

compliance date for SEVIS. Given the time necessary to conduct a review 

of each school, the Service will review and adjudicate Form I-17 

petitions for approval in SEVIS prior to the SEVIS mandatory compliance 

date only for Form I-17 petitions filed at least 75 days prior to this 

mandatory date. If a Form I-17 petition is filed less than 75 days prior 

to the mandatory compliance date and is not adjudicated prior to the 

mandatory compliance date, the school will not be authorized to access 

SEVIS and will be unable to issue any SEVIS Forms I-20 until the 

adjudication is complete.

    (b) Notice. Whenever a district director has reason to believe that 

an approved school or school system in his/ her district is no longer 

entitled to approval, a proceeding shall be commenced by service upon 

its designated official a notice of intention to withdraw the approval. 

The notice shall inform the designated official of the school or school 

system of the grounds upon which it is intended to withdraw its 

approval. The notice shall also inform the school or school system that



[[Page 356]]



it may, within 30 days of the date of service of the notice, submit 

written representations under oath supported by documentary evidence 

setting forth reasons why the approval should not be withdrawn and that 

the school or school system may, at the time of filing the answer, 

request in writing an interview before the district director in support 

of the written answer.

    (c) Assistance of counsel. The school or school system shall also be 

informed in the notice of intent to withdraw approval that it may be 

assisted or represented by counsel of its choice qualified under part 

292 of this chapter, at no expense to the Government, in preparation of 

its answer or in connection with the interview.

    (d) Allegations admitted or no answer filed. If the school or school 

system admits all of the allegations in the notice of intent to withdraw 

approval, or if the school or school system fails to file an answer 

within the 30-day period, the district director shall withdraw the 

approval previously granted and he/she shall notify the designated 

school official of the decision. No appeal shall lie from the district 

director's decision if all allegations are admitted or no answer is 

filed within the 30-day period.

    (e) Allegations denied. If the school or school system denies the 

allegations in the notice of intent to withdraw approval, then the 

school or school system shall, in its answer, provide all information or 

evidence on which the answer is based.

    (f) Interview requested. (1) If in its answer to the notice of 

intent to withdraw approval the school or school system requests an 

interview, the school or school system shall be given notice of the date 

set for the interview.

    (2) A summary of the information provided by the school or school 

system at the interview shall be prepared and included in the record. In 

the discretion of the district director, the interview may be recorded.

    (g) Decision. The decision of the district director shall be in 

writing and shall include a discussion of the evidence and findings as 

to withdrawal. The decision shall contain an order either withdrawing 

approval or granting continued approval. The written decision shall be 

served upon the school or school system, together with the notice of the 

right to appeal pursuant to part 103 of this chapter.

    (h) Appeal. Any appeal shall be taken within 15 days after the 

service of the written decision. The reasons for the appeal shall be 

stated in the notice of appeal, Form I-290B, and supported by a 

statement or brief specifically setting forth the grounds for contesting 

the withdrawal of the approval.



[37 FR 17463, Aug. 29, 1972, as amended at 48 FR 14592, Apr. 5, 1983; 48 

FR 19867, May 3, 1983; 48 FR 22131, May 17, 1983; 49 FR 41015, Oct. 19, 

1984; 50 FR 9991, Mar. 13, 1985; 54 FR 19544, May 8, 1989; 55 FR 41988, 

Oct. 17, 1990; 67 FR 60112, Sept. 25, 2002]