8 cfr 214.3

Immigration and Naturalization Service, Justice
relevant part of the petition, if he or she
finds that:

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*

*

*

*

*

*

*

(13) * * *
(i) * * *
(A) A beneficiary may be admitted to the
United States for the validity period of the
petition, plus a period of up to 10 days before
the validity period begins and 10 days after
the validity period ends. The beneficiary
may not work except during the validity period of the petition. (See paragraph
(h)(5)(viii) of this section for admission and
limits on admission for H–2As.)

*

*

*

*

*

(14) Extension of petition validity. Except
with respect to H–2A petitions, the petitioner must file a request for a petition extension on Form I–129 to extend the validity
of the original petition under section
101(a)(15)(H) of the Act. Supporting evidence
is not required unless requested by the director. A request for a petition extension may
be filed only if the validity of the original
petition has not expired. (See paragraph
(h)(5)(x) of this section for extension requirements for H–2A petitions.)

*

*

*

*

reason, by itself, to deny a petition extension request and the alien’s extension of
stay.

*

(B) Notice and decision. The notice of intent
to revoke must contain a detailed statement
of the grounds for the revocation and the
time period allowed for the petitioner’s rebuttal. The petitioner may submit evidence
in rebuttal within 30 days of receipt of the
notice. The director or the DOL Regional Administrator must consider all relevant evidence presented in deciding whether to revoke the petition in whole or in part. If the
petition is revoked in part, the remainder of
the petition must remain approved and a revised approval notice must be sent to the petitioner with the revocation notice.
(12) * * *
(i) Denial. A petition (other than an H–2A
petition) denied in whole or in part by the
Service may be appealed under 8 CFR part
103. In the case of an H–2A petition, the appeal must be filed with DOL concurrently
with the appeal of the denial of a labor certification (or if the certification was not denied, within 30 days) under the rules established by DOL in 20 CFR 655 subpart B.

*

§ 214.3

*

(16) * * *
(ii) H–2A, H–2B, and H–3 classification. The
approval of a permanent labor certification,
or the filing of a preference petition for an
alien currently employed by or in a training
position with the same petitioner, may be a

*

*

*

*

*

(18) Use of approval notice, Form I–797 and
DOL notification. The Service must notify
the petitioner on Form I–797 whenever a petition, an extension of a petition, or an
alien’s extension of stay is approved under
the H classification (except with respect to
H–2A). DOL must notify the petitioner as
part of its certification notice whenever an
H–2A petition or an extension of a petition is
approved by a Regional Administrator. The
beneficiary of an H petition who does not require a nonimmigrant visa may present a
copy of the approval notice at a port-ofentry to facilitate entry into the United
States. A beneficiary who is required to
present a visa for admission and whose visa
will have expired before the date of his or her
intended return may use a copy of Form I–
797 or DOL notification to apply for a new or
revalidated visa during the validity period of
the petition. The copy of Form I–797 or DOL
notification must be retained by the beneficiary and presented during the validity period of the petition when re-entering the
United States to resume the same employment with the same petitioner.

*

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*

§ 214.3 Petitions
for
approval
of
schools.
(a) Filing petition—(1) General. A
school or school system seeking approval for attendance by nonimmigrant
students under sections 101(a)(15)(F)(i)
or 101 (a)(15)(M)(i) of the Act, or both,
shall file a petition on Form I–17 with
the district director having jurisdiction over the place in which the school
or school system is located. Separate
petitions are required for different
schools in the same school system located within the jurisdiction of different district directors. A petition by
a school system must specifically identify by name and address those schools
included in the petition. The petition
must also state whether the school or
school system is seeking approval for
attendance of nonimmigrant students
under
section
101(a)(15)(F)(i)
or
101(a)(15)(M)(i) of the Act or both.
(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:

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§ 214.3

8 CFR Ch. I (1–1–01 Edition)

(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) An 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
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.
(b) Supporting documents. Pursuant to
sections 101(a)(15) (F) and (M) of the
Immigration and Nationality Act, the
Service has consulted with the Department of Education and determined that
petitioning institutions must submit
certain supporting documents as follows. 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

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Immigration and Naturalization Service, Justice
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. The Service has
also consulted with the Department of
Education regarding the following
types of institutions and determined
that they must submit additional evidence. 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. An authorized representative of the petitioner
shall appear in person before an immigration officer prior to the adjudication of the petition to be interviewed
under oath concerning the eligibility of

§ 214.3

the school for approval. An interview
may be waived at the discretion of the
district director.
(e) Approval of petition—(1) Eligibility.
To be eligible for approval, the petitioner must establish that—
(i) It is a bona fide school;
(ii) It is an established institution of
learning or other recognized place of
study;
(iii) It possesses the necessary facilities, personnel, and finances to conduct
instruction in recognized courses; and
(iv) It is, in fact, engaged in instruction in those courses.
(2) General. Upon approval of a petition, the district director shall notify
the petitioner. An approved school is
required to report immediately to the
district director having jurisdication
over the school any material modification to its name, address or curriculum
for a determination of continued eligibility for approval. The approval of a
school is valid as long as the school operates in the manner represented in the
petition. The approval is valid only for
the type of program and student specified in the approval notice. The approval may be withdrawn in accordance with the provisions of § 214.4.
(f) Denial of petition. If the petition is
denied, the petitioner shall be notified
of the reasons therefor and of his right
to appeal in accordance with the provisions of part 103 of this chapter.
(g) Recordkeeping and reporting requirements—(1) Recordkeeping requirements. An approved 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–20A or I–20M while the
student is attenidng the school and
until the school notifies the Service, in
accordance with the requirements of
paragraph (g)(2) of this section, that
the student is not pursuing a full
course of study. The school must keep
a record of having complied with the
reporting requirements for at least one
year. If a student who is out of status
is restored to status, the school the
student is attending is responsible for
maintaining these records following receipt of notification from the Service
that the student has been restored to
status. The designated school official

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§ 214.3

8 CFR Ch. I (1–1–01 Edition)

must make the information and documents required by this paragraph
available to and furnish them to any
Service officer upon request. The information and documents which the
school must keep on each student are
as follows:
(i) Name.
(ii) Date and place of birth.
(iii) Country of citizenship.
(iv) Address.
(v) Status, i.e., full-time or parttime.
(vi) Date of commencement of studies.
(vii) Degree program and field of
study.
(viii) Whether the student has been
certified for practical training, and the
beginning and end dates of certification.
(ix) Termination date and reason, if
known.
(x) The documents referred to in
paragraph (k) of this section.
(xi) The number of credits completed
each semester.
(xii) A photocopy of the student’s I–
20 ID Copy.
A Service officer may request any or
all of the above data 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. If the Service requests information on a student who is being held in
custody, the school will respond orally
on the same day the request for information is made, and the Service will
provide a written notification that the
request was made after the fact, if the
school so desires. The Service will first
attempt to gain information concerning a class of students from the
Service’s record system.
(2) Reporting requirements. At intervals specified by the Service but not
more frequently than once a term or
session, the Service’s processing center
shall send each school (to the address
given on Form I–17 as that to which the
list should be sent) a list of all F–1 and
M–1 students who, according to Service
records, are attending that school. A

designated school official at the school
must note on the list whether or not
each student on the list is pursuing a
full course of study and give, in addition to the above information, the
names and current addresses of all F–1
or M–1 students, or both, not listed, attending the school and other information specified by the Service as necessary to identify the students and to
determine their immigration status.
The designated school official must
comply with the request, sign the list,
state his or her title, and return the
list to the Service’s processing center
within sixty days of the date of the request.
(h) Review of school approvals. The
district director may periodically review the approval of a school in his or
her jurisdiction for compliance with
the reporting requirements of paragraph (g)(2) of this section and for continued eligibility for approval pursuant
to paragraph (e) of this section. The
district director shall also, upon receipt of notification, evaluate any
changes made to the name, address, or
curriculum of an approved school to determine if the changes have affected
the school’s eligibility for approval.
The district director may require the
school under review to furnish a currently executed Form I–17 without fee,
along with supporting documents, as a
petition for continuation of school approval when there is a question about
whether the school still meets the eligibility requirements. If upon completion of the review, the district director
finds that the approval should not be
continued, he or she shall institute
withdrawal proceedings in accordance
with § 214.4(b).
(i) Administration of student regulations by the Immigration and Naturalization Service. District directors in the
field shall be responsible for conducting periodic reviews on the campuses under the jurisdiction of their offices to determine whether students
are complying with Service regulations
including keeping their passports valid
for a period of six months at all times
when required. Service officers shall
take appropriate action regarding violations of the regulations.

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Immigration and Naturalization Service, Justice
(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 designated official of a school that
has been approved for attendance by
nonimmigrant students must certify
Form I–20A or I–20M, but only after
page 1 has been completed in full. A
Form I–20A–B or I–20M–N issued by an
approved school system must state
which school within the system the
student will attend. The form must be
issued in the United States. Only a designated official shall issue a Certificate
of Eligibility, Form I–20A–B or I–20M–
N, to a prospective student 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(f), 214.2(m), 214.4 and
this section, a ‘‘designated official’’ or
‘‘designated school official’’ 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 president, owner, or head of a
school or school system must designate

§ 214.4

a designated official. The designated
official may not delegate this designation to any other person. Each school
or institution may have up to five designated officials at any one time. In a
multi-campus institution, each campus
may have up to five designated officials at any one time. In an elementary
or secondary school system, however,
the entire school system is limited to
five designated officials at any one
time.
(2) Name, title, and sample signature.
Petitions for school approval must include the names, titles, and sample signatures of designated officials. An approved school must report to the Service office having jurisdiction over it
any changes in designated officials and
furnish the name, title, and sample signature of the new designated official
within thirty days of each change.
(3) Statement of designated official. A
petition for school approval must include a statement by each designated
official certifying that the official has
read the Service regulations relating to
nonimmigrant
students,
namely
§§ 214.1(b), 214.2(f), and 214.2(m); the
Service regulations relating to change
of nonimmigrant classification for students,
namely
§§ 248.1(c),
248.1(d),
248.3(b), and 248.3(d); the Service regulations relating to school approval,
namely this section and the regulations relating to withdrawal of school
approval namely, § 214.4; and affirming
the official’s intent to comply with
these regulations. An approved school
must also submit to the Service office
having jurisdiction over it such a
statement from any new designated official within thirty days of each change
in designated official.
[30 FR 919, Jan. 29, 1965]
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 on GPO Access.

§ 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

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