[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR214.4]

[Page 362-364]
 
                     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withdrawn on notice as provided in paragraphs (b), (c), (d), (e), (f), 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of nonimmigrant students will be withdrawn on notice if the school or 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.
    (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).

[[Page 363]]

    (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 
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

[[Page 364]]

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]