Cfr 214.3

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Department of Homeland Security

§ 214.3

will be deemed to have violated CW–1
or CW–2 status.
(ii) Re-entry. An alien with CW–1 or
CW–2 status who travels abroad from
the CNMI will require a CW–1 or CW–2
or other appropriate visa to be re-admitted to the CNMI.
(iii) Direct Guam transit—(A) Travel
from the CNMI to the Philippines. An
alien with CW–1 or CW–2 status who is
a national of the Philippines may travel to the Philippines via a direct Guam
transit without being deemed to violate that status.
(B) Travel from the Philippines to the
CNMI. An alien who is a national of the
Philippines may travel to the CNMI via
a direct Guam transit under the following conditions: If an immigration
officer determines that the alien warrants a discretionary exercise of parole
authority, the alien may be paroled
into Guam via direct Guam transit to
undergo preinspection outbound from
Guam for admission to the CNMI pursuant to 8 CFR 235.5(a) or to proceed
for inspection upon arrival in the
CNMI. During any such preinspection,
the alien will be admitted in CW–1 or
CW–2 status if the immigration officer
in Guam determines that the alien is
admissible to the CNMI. A condition of
the admission is that the alien must
complete the direct Guam transit.
DHS, in its discretion, may exempt
such alien from the provisions of 8 CFR
235.5(a) relating to separation and
boarding of passengers after inspection.
(iv) Employment authorization. An
alien with CW–1 nonimmigrant status
is only authorized employment in the
CNMI for the petitioning employer. An
alien with CW–2 status is not authorized to be employed.
(23) Expiration of status. CW–1 status
expires when the alien violates his or
her CW–1 status (or in the case of a
CW–1 status violation caused solely by
termination of the alien’s employment,
at the end of the 30 day period described in section 214.2(w)(7)(v)), 10
days after the end of the petition’s validity period, or at the end of the transitional worker program, whichever is
earlier. CW–2 nonimmigrant status expires when the status of the related
CW–1 alien expires, on a CW–2 minor
child’s 18th birthday, when the alien
violates his or her status, or at the end

of the transitional worker program,
whichever is earlier. No alien will be
eligible for admission to the CNMI in
CW–1 or CW–2 status, and no CW–1 or
CW–2 visa will be valid for travel to the
CNMI, after the transitional worker
program ends.
(24) Waivers of inadmissibility for applicants lawfully present in the CNMI. An
applicant for CW–1 or CW–2 nonimmigrant status, who is otherwise eligible for such status and otherwise admissible to the United States, and who
possesses appropriate documents demonstrating that the applicant is lawfully present in the CNMI, may be
granted a waiver of inadmissibility
under section 212(d)(3)(A)(ii) of the Act,
including the grounds of inadmissibility
described
in
sections
212(a)(6)(A)(i) and 212(a)(7)(B)(i)(II) of
the Act, as a matter of discretion for
the purpose of granting the CW–1 or
CW–2 nonimmigrant status. Such waiver may be granted without additional
form or fee. Appropriate documents required for such a waiver include a valid
unexpired passport and other documentary evidence demonstrating that the
applicant is lawfully present in the
CNMI, such as an ‘‘umbrella permit’’ or
a DHS-issued Form I–94. Evidence that
the applicant possesses appropriate
documents may be provided by an employer to accompany a petition, by an
eligible spouse or minor child to accompany the Form I–539 (or such alternative form as USCIS may designate),
or in such other manner as USCIS may
designate.
(Title VI of the Health Professions Educational Assistance Act of 1976 (Pub. L. 94–
484; 90 Stat. 2303); secs. 103 and 214, Immigration and Nationality Act (8 U.S.C. 1103 and
1184))
[38 FR 35425, Dec. 28, 1973]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 214.2, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume
and at www.govinfo.gov.

§ 214.3 Approval of schools for enrollment of F and M nonimmigrants.
(a) Filing petition—(1) General. A
school or school system seeking initial
or continued authorization for attendance by nonimmigrant students under
sections
101(a)(15)(F)(i)
or

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§ 214.3

8 CFR Ch. I (1–1–20 Edition)

101(a)(15)(M)(i) of the Act, or both,
must file a petition for certification or
recertification with SEVP, using the
Student and Exchange Visitor Information System (SEVIS), in accordance
with the procedures at paragraph (h) of
this section. The petition must state
whether the school or school system is
seeking certification or recertification
for attendance of nonimmigrant students under section 101(a)(15)(F)(i) or
101(a)(15)(M)(i) of the Act or both. The
petition must identify by name and address each location of the school that
is included in the petition for certification or recertification, specifically
including any physical location in
which a nonimmigrant can attend
classes through the school (i.e., campus, extension campuses, satellite campuses, etc.).
(i) School systems. A school system, as
used in this section, means public
school (grades 9–12) or private school
(grades kindergarten–12). A petition by
a school system must include a list of
the names and addresses of those
schools included in the petition with
the supporting documents.
(ii) Submission requirements. Certification and recertification petitions require that a complete Form I–17, Petition for Approval of School for Attendance by Nonimmigrant Student, including supplements A and B and bearing original signatures, be included
with the school’s submission of supporting documentation. In submitting
the Form I–17, a school certifies that
the designated school officials (DSOs)
signing the form have read and understand DHS regulations relating to:
Nonimmigrant students at 8 CFR 214.1,
214.2(f), and/or 214.2(m); change of nonimmigrant classification for students
at 8 CFR 248; school certification and
recertification under this section;
withdrawal of school certification
under this section and 8 CFR 214.4; that
both the school and its DSOs intend to
comply with these regulations at all
times; and that, to the best of its
knowledge, the school is eligible for
SEVP
certification.
Willful
misstatements may constitute perjury
(18 U.S.C. 1621).
(2) Approval for F–1 or M–1 classification, or both—(i) F–1 classification. The
following schools may be approved for

attendance by nonimmigrant students
under section 101(a)(15)(F)(i) of the Act:
(A) A college or university, i.e., an institution of higher learning which
awards recognized bachelor’s, master’s
doctor’s or professional degrees.
(B) A community college or junior
college which provides instruction in
the liberal arts or in the professions
and which awards recognized associate
degrees.
(C) A seminary.
(D) A conservatory.
(E) An academic high school.
(F) A private elementary school.
(G) An institution which provides
language training, instruction in the
liberal arts or fine arts, instruction in
the professions, or instruction or training in more than one of these disciplines.
(ii) M–1 classification. The following
schools are considered to be vocational
or nonacademic institutions and may
be approved for attendance by nonimmigrant students under section
101(a)(15)(M)(i) of the Act:
(A) A community college or junior
college which provides vocational or
technical training and which awards
recognized associate degrees.
(B) A vocational high school.
(C) A school which provides vocational or nonacademic training other
than language training.
(iii) Both F–1 and M–1 classification. A
school may be approved for attendance
by nonimmigrant students under both
sections
101(a)(15)(F)(i)
and
101(a)(15)(M)(i) of the Act if it has both
instruction in the liberal arts, fine
arts, language, religion, or the professions and vocational or technical training. In that case, a student whose primary intent is to pursue studies in liberal arts, fine arts, language, religion,
or the professions at the school is classified as a nonimmigrant under section
101(a)(15)(F)(i) of the Act. A student
whose primary intent is to pursue vocational or technical training at the
school is classified as a nonimmigrant
under section 101(a)(15)(M)(i) of the
Act.
(iv) English language training for a vocational student. A student whose primary intent is to pursue vocational or
technical training who takes English
language training at the same school

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Department of Homeland Security

§ 214.3

solely for the purpose of being able to
understand the vocational or technical
course of study is classified as a nonimmigrant
under
section
101(a)(15)(M)(i) of the Act.
(v) The following may not be approved for attendance by foreign students:
(A) A home school,
(B) A public elementary school, or
(C) An adult education program, as
defined by section 203(l) of the Adult
Education and Family Literacy Act,
Public Law 105–220, as amended, 20
U.S.C. 9202(l), if the adult education
program is funded in whole or in part
by a grant under the Adult Education
and Family Literacy Act, or by any
other Federal, State, county or municipal funding.
(3) Eligibility. (i) The petitioner, to be
eligible for certification, must establish at the time of filing that it:
(A) Is a bona fide school;
(B) Is an established institution of
learning or other recognized place of
study;
(C) Possesses the necessary facilities,
personnel, and finances to conduct instruction in recognized courses; and
(D) Is, in fact, engaged in instruction
in those courses.
(ii) The petitioner, to be eligible for
recertification, must establish at the
time of filing that it:
(A) Remains eligible for certification
in accordance with paragraph (a)(3)(i)
of this section;
(B) Has complied during its previous
period of certification or recertification with recordkeeping, retention,
and reporting requirements and all
other requirements of paragraphs (g),
(j), (k), and (l) of this section.
(b) Supporting documents. Institutions
petitioning for certification or recertification must submit certain supporting documents as follows, pursuant
to sections 101(a)(15)(F) and (M) of the
Act. A petitioning school or school system owned and operated as a public
educational institution or system by
the United States or a State or a political subdivision thereof shall submit a
certification to that effect signed by
the appropriate public official who
shall certify that he or she is authorized to do so. A petitioning private or
parochial elementary or secondary

school system shall submit a certification signed by the appropriate public
official who shall certify that he or she
is authorized to do so to the effect that
it meets the requirements of the State
or local public educational system.
Any other petitioning school shall submit a certification by the appropriate
licensing, approving, or accrediting official who shall certify that he or she is
authorized to do so to the effect that it
is licensed, approved, or accredited. In
lieu of such certification a school
which offers courses recognized by a
State-approving agency as appropriate
for study for veterans under the provisions of 38 U.S.C. 3675 and 3676 may submit a statement of recognition signed
by the appropriate official of the State
approving agency who shall certify
that he or she is authorized to do so. A
charter shall not be considered a license, approval, or accreditation. A
school catalogue, if one is issued, shall
also be submitted with each petition. If
not included in the catalogue, or if a
catalogue is not issued, the school
shall furnish a written statement containing information concerning the
size of its physical plant, nature of its
facilities for study and training, educational, vocational or professional
qualifications of the teaching staff, salaries of the teachers, attendance and
scholastic grading policy, amount and
character of supervisory and consultative services available to students and
trainees, and finances (including a certified copy of the accountant’s last
statement of school’s net worth, income, and expenses). Neither a catalogue nor such a written statement
need be included with a petition submitted by:
(1) A school or school system owned
and operated as a public educational
institution or system by the United
States or a State or a political subdivision thereof;
(2) A school accredited by a nationally recognized accrediting body; or
(3) A secondary school operated by or
as part of a school so accredited.
(c) Other evidence. If the petitioner is
a vocational, business, or language
school, or American institution of research recognized as such by the Secretary of Homeland Security, it must
submit evidence that its courses of

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§ 214.3

8 CFR Ch. I (1–1–20 Edition)

study are accepted as fulfilling the requirements for the attainment of an
educational, professional, or vocational
objective, and are not avocational or
recreational in character. If the petitioner is a vocational, business, or language school, or American institution
of research recognized as such by the
Attorney General, it must submit evidence that its courses of study are accepted as fulfilling the requirements
for the attainment of an educational,
professional, or vocational objective,
and are not avocational or recreational
in character. If the petitioner is an institution of higher education and is not
within the category described in paragraph (b) (1) or (2) of this section, it
must submit evidence that it confers
upon its graduates recognized bachelor,
master, doctor, professional, or divinity degrees, or if it does not confer
such degrees that its credits have been
and are accepted unconditionally by at
least three such institutions of higher
learning. If the petitioner is an elementary or secondary school and is not
within the category described in paragraph (b) (1) or (3) of this section, it
must submit evidence that attendance
at the petitioning institution satisfies
the compulsory attendance requirements of the State in which it is located and that the petitioning school
qualifies graduates for acceptance by
schools of a higher educational level
within the category described in paragraph (b) (1), (2), or (3) of this section.
(d) Interview of petitioner. The petitioner or an authorized representative
of the petitioner may be required to appear in person before or be interviewed
by telephone by a DHS representative
prior to the adjudication of a petition
for certification or recertification. The
interview will be conducted under oath.
(e) Notices to schools related to certification or recertification petitions or to
out-of-cycle review—(1) General. All notices from SEVP to schools or school
systems related to school certification,
recertification, or out-of-cycle review
(including, but not limited to, notices
related to the collection of evidence,
testimony, and appearance pertaining
to petitions for recertification encompassing compliance with the recordkeeping, retention and reporting, and
other requirements of paragraphs (f),

(g), (j), (k), and (l) of this section, as
well as to eligibility) will be served in
accordance with the procedures at 8
CFR 103.2(b)(1), (4)–(16), (18) and (19),
with the exception that all procedures
will be conducted by SEVP, the SEVP
Director, and the Assistant Secretary,
ICE, as appropriate, and except as provided in this section. All such notices
will be served (i.e., generated and
transmitted) through SEVIS and/or by
e-mail. The date of service is the date
of transmission of the e-mail notice.
DSOs must maintain current contact
information, including current e-mail
addresses, at all times. Failure of a
school to receive SEVP notices due to
inaccurate DSO e-mail addresses in
SEVIS or blockages of the school’s email system caused by spam filters is
not grounds for appeal of a denial or
withdrawal. The term ‘‘in writing’’
means either a paper copy bearing
original signatures or an electronic
copy bearing electronic signatures.
(2) SEVP approval notification and
SEVIS updating by certified schools.
SEVP will notify the petitioner by updating SEVIS to reflect approval of the
petition and by e-mail upon approval of
a certification or recertification petition. The certification or recertification is valid only for the type of program and nonimmigrant classification
specified in the certification or recertification approval notice. The certification must be recertified every two
years and may be subject to out-ofcycle review at any time. Approval
may be withdrawn in accordance with 8
CFR 214.4.
(3) Modifications to Form I–17 while a
school is SEVP-certified. Any modification made by an SEVP-certified school
on the Form I–17 at any time after certification and for the duration of a
school’s authorization to enroll F and/
or M students must be reported to
SEVP and will be processed by SEVP
in accordance with the provisions of
paragraphs (f)(1), (g)(2) and (h)(3)(i) of
this section.
(4) Notice of Intent to Withdraw
(NOIW) SEVP certification—(i) Automatic
withdrawal. SEVP will serve the school
with an NOIW 30 days prior to a
school’s SEVP certification expiration
date if the school has not submitted to

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Department of Homeland Security

§ 214.3

SEVP a completed recertification petition, in accordance with paragraph
(h)(2) of this section. The school will be
automatically withdrawn immediately,
in accordance with 8 CFR 214.4(a)(3), if
it has not submitted a completed recertification petition by the school’s certification expiration date.
(ii) Withdrawal on notice. SEVP will
serve a Withdrawal on Notice, in accordance with 8 CFR 214.4(b), if SEVP
determines that a school reviewed outof-cycle has failed to sustain eligibility
or has failed to comply with the recordkeeping, retention, reporting and
other requirements of paragraphs (f),
(g), (j), (k), and (l) of this section. When
a school fails to file an answer to an
NOIW within the 30-day period, SEVP
will withdraw the school’s certification
and notify the DSOs of the decision, in
accordance with 8 CFR 214.4(d). Such
withdrawal of certification may not be
appealed.
(5) Notice of Denial. A Notice of Denial will be served to a school when
SEVP denies a petition for initial certification or recertification. The notice
will address appeals options. Schools
denied recertification must comply
with 8 CFR 214.4(i).
(6) Notice of Automatic Withdrawal.
Schools that relinquish SEVP certification for any of the reasons cited in 8
CFR 214.4(a)(3) will be served a Notice
of Automatic Withdrawal.
(7) Notice of Withdrawal. A school
found to be ineligible for continued
SEVP certification as a result of an
out-of-cycle review will receive a Notice of Withdrawal. Schools withdrawn
must comply with 8 CFR 214.4(i).
(8) Notice of SEVIS Access Termination
Date. The Notice of SEVIS Access Termination Date gives the official date
for the school’s denial or withdrawal to
be final and SEVIS access to be terminated. In most situations, SEVP will
not determine a SEVIS access termination date for that school until the
appeals process has concluded and the
initial denial or withdrawal has been
upheld, in accordance with 8 CFR
214.4(i)(3). The school will no longer be
able to access SEVIS and SEVP will
automatically terminate any remaining Active SEVIS records for that
school on that date.

(f) Adjudication of a petition for SEVP
certification or recertification—(1) Approval. The school is required to immediately report through SEVIS any
change to its school information upon
approval of a petition for SEVP certification or recertification. Modification
to school information listed in paragraph (h)(3) of this section will require
a determination of continued eligibility for certification. The certification or recertification is valid only
for the type of program and student
specified in the approval notice. The
certification may be withdrawn in accordance with the provisions of 8 CFR
214.4, is subject to review at any time,
and will be reviewed every two years.
(2) Denial. The petitioner will be notified of the reasons for the denial and
appeal rights, in accordance with the
provisions of 8 CFR part 103 and 8 CFR
214.4, if SEVP denies a petition for certification or recertification.
(g) Recordkeeping and reporting requirements—(1) Student records. An
SEVP-certified school must keep
records containing certain specific information and documents relating to
each F–1 or M–1 student to whom it has
issued a Form I–20, while the student is
attending the school and until the
school notifies SEVP, in accordance
with the requirements of paragraphs
(g)(1) and (2) of this section, that the
student is not pursuing a full course of
study. Student information not required for entry in SEVIS may be kept
in the school’s student system of
records, but must be accessible to
DSOs. The school must keep a record of
having complied with the reporting requirements for at least three years
after the student is no longer pursuing
a full course of study. The school must
maintain records on the student in accordance with paragraphs (g)(1) and (2)
of this section if a school recommends
reinstatement for a student who is out
of status. The school must maintain
records on the student for three years
from the date of the denial if the reinstatement is denied. The DSO must
make the information and documents
required by this paragraph available,
including academic transcripts, and
must furnish them to DHS representatives upon request. Schools must maintain and be able to provide an academic

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§ 214.3

8 CFR Ch. I (1–1–20 Edition)

transcript or other routinely maintained student records that reflect the
total, unabridged academic history of
the student at the institution, in accordance with paragraph (g)(1)(iv) of
this section. All courses must be recorded in the academic period in which
the course was taken and graded. The
information and documents that the
school must keep on each student are
as follows:
(i) Identification of the school, to include name and full address.
(ii) Identification of the student, to
include name while in attendance
(record any legal name change), date
and place of birth, country of citizenship, and school’s student identification number.
(iii) Current address where the student and his or her dependents physically reside. In the event the student
or his or her dependents cannot receive
mail at such physical residence, the
school must provide a mailing address
in SEVIS. If the mailing address and
the physical address are not the same,
the school must maintain a record of
both mailing and physical addresses
and provide the physical location of
residence of the student and his or her
dependents to DHS upon request.
(iv) Record of coursework. Identify
the student’s degree program and field
of study. For each course, give the periods of enrollment, course identification code and course title; the number
of credits or contact hours, and the
grade; the number of credits or clock
hours, and for credit hour courses the
credit unit; the term unit (semester
hour, quarter hour, etc.). Include the
date of withdrawal if the student withdrew from a course. Show the grade
point average for each session or term.
Show the cumulative credits or clock
hours and cumulative grade point average. Narrative evaluation will be accepted in lieu of grades when the
school uses no other type of grading.
(v) Record of transfer credit or clock
hours accepted. Type of hours, course
identification, grades.
(vi) Academic status. Include the effective date or period if suspended, dismissed, placed on probation, or withdrawn.
(vii) Whether the student has been
certified for practical training, and the

beginning and end dates of certification.
(viii) Statement of graduation (if applicable). Title of degree or credential
received, date conferred, program of
study or major.
(ix) Termination date and reason.
(x) The documents referred to in
paragraph (k) of this section.
NOTE TO PARAGRAPH (g)(1): A DHS officer
may request any or all of the data in paragraphs (g)(1)(i) through (x) of this section on
any individual student or class of students
upon notice. This notice will be in writing if
requested by the school. The school will have
three work days to respond to any request
for information concerning an individual
student, and ten work days to respond to any
request for information concerning a class of
students. The school will respond orally on
the same day the request for information is
made if DHS requests information on a student who is being held in custody, and DHS
will provide a written notification that the
request was made after the fact, if the school
so desires. DHS will first attempt to gain information concerning a class of students
from DHS record systems.

(2) Reporting changes in student and
school information. (i) Schools must update SEVIS with the current information within 21 days of a change in any
of the information contained in paragraphs (f)(1) and (h)(3) of this section.
(ii) Schools are also required to report within 21 days any change of the
information contained in paragraph
(g)(1) or the occurrence of the following
events:
(A) Any student who has failed to
maintain status or complete his or her
program;
(B) A change of the student’s or dependent’s legal name or U.S. address;
(C) Any student who has graduated
early or prior to the program end date
listed on SEVIS Form I–20;
(D) Any disciplinary action taken by
the school against the student as a result of the student being convicted of a
crime; and
(E) Any other notification request
not covered by paragraph (g)(1) of this
section made by DHS with respect to
the current status of the student.
(F) For F–1 students authorized by
USCIS to engage in a 24-month extension
of
OPT
under
8
CFR
214.2(f)(10)(ii)(C):

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Department of Homeland Security

§ 214.3

(1) Any change that the student reports to the school concerning legal
name, residential or mailing address,
employer name, or employer address;
and
(2) The end date of the student’s employment reported by a former employer in accordance with 8 CFR
214.2(f)(10)(ii)(C)(6).
(iii) Each term or session and no
later than 30 days after the deadline for
registering for classes, schools are required to report the following registration information:
(A) Whether the student has enrolled
at the school, dropped below a full
course of study without prior authorization by the DSO, or failed to enroll;
(B) The current address of each enrolled student; and
(C) The start date of the student’s next
session, term, semester, trimester, or quarter. For initial students, the start date
is the ‘‘program start date’’ or ‘‘report
date.’’ (These terms are used interchangeably.) The DSO may choose a
reasonable date to accommodate a student’s need to be in attendance for required activities at the school prior to
the actual start of classes when determining the report date on the Form I–
20. Such required activities may include, but are not limited to, research
projects and orientation sessions. The
DSO may not, however, indicate a report date more than 30 days prior to
the start of classes. The next session
start date is the start of classes for
continuing students.
(D) Adjustment to the program completion date. Any factors that influence
the student’s progress toward program
completion (e.g., deferred attendance,
authorized drop below, program extension) must be reflected by making an
adjustment updating the program completion date.
(3) Administrative correction of a student’s record. In instances where technological or computer problems on the
part of SEVIS cause an error in the
student’s record, the DSO may request
the SEVIS system administrator, without fee, to administratively correct the
student’s record.
(h) SEVP certification, recertification,
out-of-cycle review, and oversight of
schools—(1) Certification. A school seeking SEVP certification for attendance

by
nonimmigrants
under
section
101(a)(15)(F)(i) or 101(a)(15)(m)(i) of the
Act must use SEVIS to file an electronic petition (which compiles the
data for the Form I–17) and must submit the nonrefundable certification petition fee on-line.
(i) Filing a petition. The school must
access the SEVP Web site at http://
www.ice.gov/sevis to file a certification
petition in SEVIS. The school will be
issued a temporary ID and password in
order to access SEVIS to complete and
submit an electronic Form I–17. The
school must submit the proper nonrefundable certification petition fee as
provided in 8 CFR 103.7(b)(1).
(ii) Site visit, petition adjudication and
school notification. SEVP will conduct a
site visit for each petitioning school
and its additional schools or campuses.
SEVP will contact the school to arrange the site visit. The school must
comply with and complete the visit
within 30 days after the date SEVP
contacts the school to arrange the
visit, or the petition for certification
will be denied as abandoned. DSOs and
school officials that have signed the
school’s Form I–17 petition must be
able to demonstrate to DHS representatives how they obtain access to the
regulations cited in the certification as
part of the site visit. Paper or electronic access is acceptable. DSOs must
be able to extract pertinent citations
within the regulations related to their
requirements
and
responsibilities.
SEVP will serve a notice of approval
and SEVIS will be updated to reflect
the school’s certification if SEVP approves the school’s certification petition.
(iii) Certification denial. SEVP will
serve a notice of denial in accordance
with paragraph (f)(2) of this section if a
school’s petition for certification is denied.
(2) Recertification. Schools are required to file a completed petition for
SEVP
recertification
before
the
school’s certification expiration date,
which is 2 years from the date of their
previous SEVP certification or recertification expiration date. The school
must submit the proper nonrefundable
recertification petition fee as provided
in 8 CFR 103.7(b)(1)(ii)(B). SEVP will

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§ 214.3

8 CFR Ch. I (1–1–20 Edition)

review a petitioning school’s compliance with the recordkeeping, retention,
and reporting, and other requirements
of paragraphs (f), (g), (j), (k), and (l) of
this section, as well as continued eligibility for certification, pursuant to
paragraph (a)(3) of this section.
(i) Filing of petition for recertification.
Schools must submit a completed
Form I–17 (including supplements A
and B) using SEVIS, and submit a
paper copy of the Form I–17 bearing
original signatures of all officials.
SEVP will notify all DSOs of a previously certified school 180 days prior
to the school’s certification expiration
date that the school may submit a petition for recertification. A school may
file its recertification petition at any
time after receipt of this notification.
A school must submit a complete recertification petition package, as outlined in the submission guidelines, by
its certification expiration date. SEVP
will send a notice of confirmation of
complete filing or rejection to the
school upon receipt of any filing of a
petition for recertification.
(A) Notice of confirmation assures a
school of uninterrupted access to
SEVIS while SEVP adjudicates the
school’s petition for recertification. A
school that has complied with the petition submission requirements will continue to have SEVIS access after its
certification expiration date while the
adjudication for recertification is pending. The school is required to comply
with all regulatory recordkeeping, retention and reporting, and other requirements of paragraphs (f), (g), (j),
(k), and (l) of this section during the
period the petition is pending.
(B) Notice of rejection informs a
school that it must take prompt corrective action in regard to its recertification petition prior to its certification expiration date to ensure that
its SEVIS access will not be terminated and its petition for recertification will be accepted for adjudication.
(ii) Consequence of failure to petition.
SEVP will serve an NOIW to the school
30 days prior to a school’s certification
expiration date. SEVP will no longer
accept a petition for recertification
from the school and will immediately
withdraw the school’s certification if

the school does not petition for recertification, abandons its petition, or
does not submit a complete recertification petition package by the certification expiration date, in accordance
with the automatic withdrawal criteria
in 8 CFR 214.4(a)(3). The school must
comply with 8 CFR 214.4(i) upon withdrawal.
(iii) School recertification process—(A)
General. School recertification reaffirms the petitioning school’s eligibility for SEVP certification and the
school’s
compliance
with
recordkeeping, retention, reporting and other
requirements of paragraphs (f), (g), (j),
(k), and (l) of this section since its previous certification.
(B) Compliance. Assessment by SEVP
of a school petitioning for recertification will focus primarily on overall
school compliance, but may also include examination of individual DSO
compliance as data and circumstances
warrant. Past performance of these individuals, whether or not they continue to serve as principal designated
school officials (PDSOs) or DSOs, will
be considered in any petition for recertification of the school.
(C) On-site review for recertification.
All schools are subject to on-site review, at the discretion of SEVP, in conjunction with recertification. The
school must comply with and complete
an on-site review within 30 days of the
notification by a DHS representative of
a school that it has been selected for
an on-site review for recertification, or
the petition for recertification will be
denied as abandoned, resulting in the
school’s withdrawal from SEVIS.
(iv) Recertification approval. SEVP
will serve a notice of approval if a
school’s petition for recertification is
approved. The date of the subsequent
recertification review will be two years
after the school’s certification expiration date from this petition cycle.
(v) Recertification denial. SEVP will
serve a notice of denial if a school’s petition for recertification is denied, in
accordance with 8 CFR 103.3(a)(1)(i).
(vi) Adjustment of certification expiration date. Schools eligible for recertification before March 25, 2009 will, at a
minimum, have their certification expiration date extended to March 25,

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Department of Homeland Security

§ 214.3

2009. SEVP may extend the certification expiration date beyond this date
during the first cycle of recertification.
(3) Out-of-cycle review and oversight of
SEVP-certified schools. (i) SEVP will determine if out-of-cycle review is required upon receipt in SEVIS of any
changes from an SEVP-certified school
to its Form I–17 information. The Form
I–17 information that requires out-ofcycle review when changed includes:
(A) Approval for attendance of students (F/M/both);
(B) Name of school system; name of
main campus;
(C) Mailing address of the school;
(D) Location of the school;
(E) School type;
(F) Public/private school indicator;
(G) Private school owner name;
(H) The school is engaged in;
(I) The school operates under the following Federal, State, Local or other
authorization;
(J) The school has been approved by
the following national, regional, or
state accrediting association or agency;
(K) Areas of study;
(L) Degrees available from the
school;
(M) If the school is engaged in elementary or secondary education;
(N) If the school is engaged in higher
education;
(O) If the school is engaged in vocational or technical education;
(P) If the school is engaged in
English language training;
(Q) Adding or deleting campuses;
(R) Campus name;
(S) Campus mailing address; and
(T) Campus location address.
(ii) SEVP may request a school to
electronically update all Form I–17
fields in SEVIS and provide SEVP with
documentation supporting the update.
The school must complete such updates
in SEVIS and submit the supporting
documentation to SEVP within 10 business days of the request from SEVP.
(iii) SEVP may review a school’s certification at any time to verify the
school’s compliance with the recordkeeping, retention, reporting and other
requirements of paragraphs (f), (g), (j),
(k), and (l) of this section to verify the
school’s continued eligibility for SEVP
certification pursuant to paragraph

(a)(3) of this section. SEVP may initiate remedial action with the school,
as appropriate, and may initiate withdrawal proceedings against the school
pursuant to 8 CFR 214.4(b) if noncompliance or ineligibility of a school
is identified.
(iv) On-site review. SEVP-certified
schools are subject to on-site review at
any time. SEVP will initiate withdrawal proceedings against a certified
school, pursuant to 8 CFR 214.4(b), if
the certified school selected for on-site
review prior to its certification expiration date fails to comply with and complete the review within 30 days of the
date SEVP contacted the school to arrange the review.
(v) Notice of Continued Eligibility.
SEVP will serve the school a notice of
continued eligibility if, upon completion of an out-of-cycle review, SEVP
determines that the school remains eligible for certification. Such notice will
not change the school’s previously-determined certification expiration date
unless specifically notified by SEVP.
(vi) Withdrawal of certification. SEVP
will institute withdrawal proceedings
in accordance with 8 CFR 214.4(b) if,
upon completion of an out-of-cycle review, SEVP determines that a school
or its programs are no longer eligible
for certification.
(vii) Voluntary withdrawal. A school
can voluntarily withdraw from SEVP
certification at any time or in lieu of
complying with an out-of-cycle review
or request. Failure of a school to comply with an out-of-cycle review or request by SEVP will be treated as a voluntary withdrawal. A school must initiate voluntary withdrawal by sending
a request for withdrawal on official
school letterhead to SEVP.
(i) Administration of student regulations. DHS officials may conduct outof-cycle, on-site reviews on the campuses of SEVP-certified schools to determine whether nonimmigrant students on those campuses are complying
with DHS regulations pertaining to
them, including the requirement that
each maintains a valid passport. DHS
officers will take appropriate action regarding violations of the regulations
by nonimmigrant students.

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§ 214.3

8 CFR Ch. I (1–1–20 Edition)

(j) Advertising. In any advertisement,
catalogue, brochure, pamphlet, literature, or other material hereafter
printed or reprinted by or for an approved school, any statement which
may appear in such material concerning approval for attendance by
nonimmigrant students shall be limited solely to the following: This school
is authorized under Federal law to enroll nonimmigrant alien students.
(k) Issuance of Certificate of Eligibility.
A DSO of an SEVP-certified school
must sign any completed Form I–20
issued for either a prospective or continuing student or a dependent. A
Form I–20 issued by a certified school
system must state which school within
the system the student will attend.
Only a DSO of an SEVP-certified
school may issue a Form I–20 to a prospective student and his or her dependents, and only after the following conditions are met:
(1) The prospective student has made
a written application to the school.
(2) The written application, the student’s transcripts or other records of
courses taken, proof of financial responsibility for the student, and other
supporting documents have been received, reviewed, and evaluated at the
school’s location in the United States.
(3) The appropriate school authority
has determined that the prospective
student’s qualifications meet all standards for admission.
(4) The official responsible for admission at the school has accepted the prospective student for enrollment in a
full course of study.
(l) Designated Official. (1) Meaning of
term Designated Official. As used in
§§ 214.1(b), 214.2(b), 214.2(f), 214.2(m), and
214.4, a Designated Official, Designated
School Official (DSO), or Principal Designated School Official (PDSO), means a
regularly employed member of the
school administration whose office is
located at the school and whose compensation does not come from commissions for recruitment of foreign students. An individual whose principal
obligation to the school is to recruit
foreign students for compensation does
not qualify as a designated official.
The PDSO and any other DSO must be
named by the president, owner, or head
of a school or school system. The PDSO

and DSO may not delegate this designation to any other person.
(i) A PDSO and DSO must be either a
citizen or lawful permanent resident of
the United States.
(ii) Each campus must have one
PDSO. The PDSO is responsible for updating SEVIS to reflect the addition or
deletion of any DSO on his or her associated campus. SEVP will use the
PDSO as the point of contact on any
issues that relate to the school’s compliance with the regulations, as well as
any system alerts generated by SEVIS.
SEVP may also designate certain functions in SEVIS for use by the PDSO
only. The PDSO of the main campus is
the only DSO authorized to submit a
Form I–17 for recertification. The
PDSO and DSO will share the same responsibilities in all other respects.
(iii) School officials may nominate as
many DSOs in addition to PDSOs as
they determine necessary to adequately provide recommendations to F
and/or M students enrolled at the
school regarding maintenance of nonimmigrant status and to support timely and complete recordkeeping and reporting to DHS, as required by this section. School officials must not permit a
DSO or PDSO nominee access to SEVIS
until DHS approves the nomination.
(2) Name, title, and sample signature.
Petitions for SEVP certification, review and recertification must include
the names, titles, and sample signatures of designated officials. An SEVPcertified school must update SEVIS
upon any changes to the persons who
are principal or designated officials,
and furnish the name, title and e-mail
address of any new official within 21
days of the change. Any changes to the
PDSO or DSO must be made by the
PDSO within 21 days of the change.
DHS may, at its discretion, reject the
submission of any individual as a DSO
or withdraw a previous submission by a
school of an individual.
(3) Statement of designated officials. A
petition for school approval must include a statement by each designated
official certifying that the official is
familiar with the Service regulations
relating to the requirements for admission and maintenance of status of nonimmigrant students, change of nonimmigrant status under part 248 of this

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Department of Homeland Security

§ 214.4

chapter, and school approval under
§§ 214.3 and 214.4, and affirming the official’s intent to comply with these regulations. At the time a new designated
official is added, the designated official
must make the same certification.
[30 FR 919, Jan. 29, 1965]

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EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 214.3, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume
and at www.govinfo.gov.

§ 214.4 Denial of certification, denial of
recertification, or withdrawal of
SEVP certification.
(a) General—(1) Denial of certification.
The petitioning school will be notified
of the reasons and its appeal rights if a
petition for certification is denied, in
accordance with the provisions of 8
CFR
103.3(a)(1)(iii).
A
petitioning
school denied certification may file a
new petition for certification at any
time.
(2) Denial of recertification or withdrawal on notice. The school must wait
at least one calendar year from the
date of denial of recertification or
withdrawal on notice before being eligible to petition again for SEVP certification if a school’s petition for recertification is denied by SEVP pursuant to 8 CFR 214.3(h)(3)(v), or its certification is withdrawn on notice pursuant to paragraph (b) of this section.
Eligibility to re-petition will be at the
discretion of the Director of SEVP.
SEVP certification of a school or
school system for the attendance of
nonimmigrant students, pursuant to
sections
101(a)(15)(F)(i)
and/or
101(a)(15)(M)(i) of the Immigration and
Nationality Act, will be withdrawn on
notice subsequent to out-of-cycle review, or recertification denied, if the
school or school system is determined
to no longer be entitled to certification
for any valid and substantive reason
including, but not limited to, the following:
(i) Failure to comply with 8 CFR
214.3(g)(1) without a subpoena.
(ii) Failure to comply with 8 CFR
214.3(g)(2).
(iii) Failure of a DSO to notify SEVP
of the attendance of an F–1 transfer
student as required by 8 CFR
214.2(f)(8)(ii).

(iv) Failure of a DSO to identify on
the Form I–20 which school within the
system the student must attend, in
compliance with 8 CFR 214.3(k).
(v) Willful issuance by a DSO of a
false statement, including wrongful
certification of a statement by signature, in connection with a student’s
school transfer or application for employment or practical training.
(vi) Conduct on the part of a DSO
that does not comply with the regulations.
(vii) The designation as a DSO of an
individual who does not meet the requirements of 8 CFR 214.3(l)(1).
(viii) Failure to provide SEVP paper
copies of the school’s Form I–17 bearing
the names, titles, and signatures of
DSOs as required by 8 CFR 214.3(l)(2).
(ix) Failure to submit statements of
DSOs as required by 8 CFR 214.3(l)(3).
(x) Issuance of Forms I–20 to students
without receipt of proof that the students have met scholastic, language, or
financial requirements as required by 8
CFR 214.3(k)(2).
(xi) Issuance of Forms I–20 to aliens
who will not be enrolled in or carry full
courses of study, as defined in 8 CFR
214.2(f)(6) or 214.2(m)(9).
(xii) Failure to operate as a bona fide
institution of learning.
(xiii) Failure to employ adequate
qualified professional personnel.
(xiv) Failure to limit advertising in
the manner prescribed in 8 CFR 214.3(j).
(xv) Failure to maintain proper facilities for instruction.
(xvi) Failure to maintain accreditation or licensing necessary to qualify
graduates as represented in the
school’s Form I–17.
(xvii) Failure to maintain the physical plant, curriculum, and teaching
staff in the manner represented in the
Form I–17.
(xviii) Failure to comply with the
procedures for issuance of Forms I–20
as set forth in 8 CFR 214.3(k).
(xix) Failure of a DSO to notify
SEVP of material changes, such as
changes to the school’s name, address,
or curricular changes that represent
material change to the scope of institution offerings (e.g., addition of a program, class or course for which the
school is issuing Forms I–20, but which

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