\ slb \ SERVICE LAW BOOKS MENU \ Operating Instructions \ OI 214 Nonimmigrant classes. \ OI 214.4 Withdrawal of school approval.
Previous Document Next Document
OI 214.4 Withdrawal of school approval.
(b) Schools not in compliance with the regulations
(c) Warning letter.
(d) Termination of withdrawal proceedings.
(e) Termination of withdrawal proceedings.
(f) Status of student at school where approval is withdrawn.
Schools not in compliance with the regulations. District directors are to put special emphasis on instituting proceedings to withdraw the approvals of schools not in compliance with the regulations.
Warning letter. When it appears that a school or school system has conducted itself in such a way that withdrawal of approval might be in order if the conduct were to be continued, an officer in the Examinations section shall send a letter of warning to the offending school or school system detailing the dereliction(s) and advising the school or school system that any repetition of the offense(s) may lead to proceedings to withdraw to approval . The letter must also ask the school to explain the cause(s)
of the offense(s) and to indicate any corrective action the school has taken or will take with respect to the offense(s). (Blackwell College of Busineess v. Attorney General, 454 F.2nd. 928 (1971)).
A Form I-17 and, if applicable, Form(s) I-17B, must be enclosed with the warning letter and the school or school system must be requested to fill it out and submit it, without fee, as a petition for continuation of its approval. If the school or school system submits Form I-17 with Form(s) I-17B, if applicable, and if, the petitioner, must be notified of the action taken.
Withdrawal on notice. If a school or school system persists in conduct which resulted in a warning letter's being sent, and it is concluded that approval is no longer warranted, the Examinations section shall serve upon the representative of the school or school system a notice of intent to withdraw the school's approval pursuant to 8 CFR
. In addition to the grounds for withdrawal, the notice must set out in reasonable detail the incidents upon which the finding of noncompliance identification of the particular incidents, as well as any relevant time factors.
The Examinations Section is also responsible for taking the action required by
8 CFR 214.4(c)
if the answer admits the allegations in the notice, fails to submit a timely answer, or fails to request a hearing. If a timely answer contesting requesting a hearing is filed, the examinations section shall submit the case to a trial attorney for referral to an immigration judge.
If a Form I-!& was filed as a petition for continuation of school approval in response to the request for such a petition in the warning letter and, if the school's approval is withdrawn, the action on the Form I-17 must be statistically counted as a denial.
Termination of withdrawal proceedings. If the withdrawal proceedings are terminated, the school or school system should be requested to submit a Form I-17, without fee, if such a petition has not already been submitted and, if applicable, Form(s) I-17B. The purpose of Form(s) I-17 and, if applicable, I-17B is to notify STSC that the approval has been reaffirmed. In such a case, the action on Form I-17 must be statistically counted as an approval.
Status of student at school where approval is withdrawn. When the approval of a school a student is authorized to attend is withdrawn, the district director shall notify the student that:
the approval of the school he or she has been authorized to attend has been withdrawn,
if he or she was previously authorized to remain in the United States for a longer period of time, he or she is permitted to remain in the United States to pursue a full course of study only until the end of the current term or session plus 30 days and
he or she must either seek admission to a Service-approved school or depart from the United States upon expiration of his or her authorized stay.
The student must submit Form I-20A if he or she is an F-1 who is admitted to an approved school to pursue the same educational program or Form I-538 if he or she is an F-1 student who is admitted to an approved school to pursue another educational program or an M-1 student who is admitted to an approved school to pursue another educational program or an M-1 student. The Certification of Designated School Official on Form I-538 does not need to be completed.
If the student, despite diligent efforts, is unable to gain admission to an approved school prior to the expiration of his or her authorized stay, the district director may grant him or her voluntary departure not to exceed 6 months to continue his or her efforts to gain admission to an approved school.