8 Cfr 214.4

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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§ 214.4

8 CFR Ch. I (1–1–01 Edition)

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 § 214.3(g)(1)
without a subpoena.
(ii)
Failure
to
comply
with
§ 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 § 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 § 214.3(l)(1).
(vii) Failure to provide the Service
with the names, titles, and sample signatures of designated officials as required by § 214.3(l)(2).
(viii) Failure to submit statements of
designated officials as required by
§ 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
§§ 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 § 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 § 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
§ 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
§ 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.
(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

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Immigration and Naturalization Service, Justice
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 set-

§ 214.6

ting 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]

§ 214.5 Libyan and third country nationals acting on behalf of Libyan
entities.
(a) Notwithstanding any other provision of this title, the nonimmigrant
status of any Libyan national, or of
any other foreign national acting on
behalf of a Libyan entity, who is engaging in aviation maintenance, flight
operations, or nuclear-related studies
or training is terminated.
(b) Notwithstanding any other provision of this chapter, the following benefits will not be available to any Libyan national or any other foreign national acting on behalf of a Libyan entity where the purpose is to engage in,
or seek to obtain aviation maintenance, flight operations or nuclear-related studies or training:
(1) Application for school transfer.
(2) Application for extension of stay.
(3) Employment authorization or
practical training.
(4) Request for reinstatement of student status.
(5) Application for change of nonimmigrant status.
(Secs. 103, 212, 214, 248; 8 U.S.C. 1103, 1182,
1184, 1258)
[48 FR 10297, Mar. 3, 1983]

§ 214.6 Canadian and Mexican citizens
seeking temporary entry to engage
in business activities at a professional level.
(a) General. Under section 214(e) of
the Act, a citizen of Canada or Mexico
who seeks temporary entry as a business person to engage in business activities at a professional level may be
admitted to the United States in accordance with the North American
Free Trade Agreement (NAFTA).
(b) Definitions. As used in this section, the terms:
Business activities at a professional
level means those undertakings which
require that, for successful completion,

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