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A Primer on Withdrawal of SEVP School Certification

This NAFSA resource covers the basics of withdrawal of SEVP school certification.

Under certain circumstances, a certified school’s approval to enroll F or M students can be withdrawn. 8 CFR 214.4. There are three kinds of withdrawal of SEVP Certification:

  1. Voluntary withdrawal
  2. Automatic withdrawal
  3. Withdrawal on notice

SEVP can also decide to deny a school's recertification application, which also ends a school's SEVP certification.

Voluntary withdrawal

If a school no longer wants to be SEVP certified, the president, owner, head of the school, or PDSO must send “a request for withdrawal on official school letterhead to SEVP.” A school can request a voluntary withdrawal at any time. 8 CFR 214.3(h)(3)(vii).

In addition, a school’s "failure to comply with an out-of-cycle review or request by SEVP will be treated as a voluntary withdrawal" of SEVIS certification. 8 CFR 214.3(h)(3)(vii).

In a regulatory loop of sorts, a voluntary withdrawal is technically treated as an automatic withdrawal, discussed below. 8 CFR 214.4(a)(3)(iv).

Automatic withdrawal

Under 8 CFR 214.4(a)(3) certification will be automatically withdrawn under the following circumstances:

  1. If the school closes or otherwise terminates its operations. In this case the certification is considered automatically withdrawn on the date of termination of operations. See 8 CFR 214.4(a)(3)(i).
  2. Failure to submit a complete application for recertification by the school’s certification expiration date. In this case the certification is considered automatically withdrawn on the school’s certification expiration date. See 8 CFR 214.4(a)(3). Also see 8 CFR 214.3(h)(3)(vii).
  3. If a school changes ownership and does not file a new petition for SEVP certification within 60 days of the change in ownership. In this case the certification is considered automatically withdrawn 60 days after the change of ownership. See 8 CFR 214.4(a)(3)(iii). SEVP Policy Guidance S4.3: Change of Ownership considers the following to constitute a reportable “change of ownership” for this purpose:
  • A change in “school control” - Nonprofit school – “When fifty-one percent (51 percent) or more of the entity’s governing body (e.g., board of trustees, board of directors, or similar governing bodies) is replaced at one time or within a 12-month period; or For-profit school – "When one-third (33.33 percent) or more of the entity’s ownership rights including but not limited to stock, units, shares, interests, other ownership designations of a corporation, company, partnership, or other entity are sold or otherwise transferred at one time or within a 12-month period.”
  • A change in “school type” - Public to private; Private to public; Private nonprofit to private for-profit; Private for-profit to private nonprofit
  • SEVP Policy Guidance S4.3: Change of Ownership states: “If a school does not submit the update to the Form I -17 within 21 days of the date of the change, then the school must submit a new initial Form I-17 within 60 days of the date of the change. SEVP may consider a failure to report an ownership change as a valid and substantive basis for withdrawal.”
  1. If a school voluntarily withdraws from its certification. See 8 CFR 214.4(a)(3).
  2. “Failure of a school to comply with an out-of-cycle review or request by SEVP will be treated as a voluntary withdrawal.” For example, failure to respond to an RFE (request for evidence) or NOIW (notice of intent to withdraw) by the date specified in the request or notice might activate this provision. See 8 CFR 214.3(h)(3)(vii).
  3. Failure to comply with a request for an on-site review or to complete the on-site review within 30 days of notification. See 8 CFR 214.3(h)(3)(iv).

"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." 8 CFR 214.3(e)(6).

A school that's been automatically withdrawn can thereafter choose to file a new petition for SEVP certification at any time after through standard initial certification procedures. However, "Past compliance with the recordkeeping, retention, reporting and other requirements of 8 CFR 214.3(f), (g), (j), (k), and (l), and with the requirements for transition of students under paragraph (i) of this section will be considered in the evaluation of a school's subsequent petition for certification." 8 CFR 214.4(a)(3).

Withdrawal on notice

Under 8 CFR 214.4(a)(2) SEVP can initiate withdrawal on notice proceedings if it determines that the school is no longer entitled to certification. Withdrawal on notice involves a more formal process than automatic withdrawal. SEVP initiates a withdrawal on notice as an “out of cycle review” and serves the school with a Notice of Intent to Withdraw (NOIW) and there are other specific due process considerations. The basis for a withdrawal on notice can be for “any valid and substantive reason including, but not limited to, the following” 19 specific grounds.

  1. Failure to comply with 8 CFR 214.3(g)(1) without a subpoena. 8 CFR 214.3(g)(1) requires that schools maintain specific records and information on F-1 and M-1 students and that schools release that information to “DHS representatives” upon request. The requirements for written notice (oral in cases of students in custody) and the time frames for schools to respond, as noted above, must be observed by both DHS and the school.
  2. Failure to comply with 8 CFR 214.3(g)(2). 8 CFR 214.3(g)(2) is the core reporting compliance provision, which requires schools to update SEVIS within 21 days of a change in the school or student information listed in that section.
  3. 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).
  4. 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).
  5. Willful issuance by a DSO of a false statement, including a wrongful certification of a statement by signature, in connection with a student’s school transfer or application for employment or practical training. Note the inclusion of the word “willful” in this provision.
  6. Conduct on the part of a DSO that does not comply with the regulations. This ground for withdrawal of school approval is vague and inclusive.
  7. The designation as a DSO of an individual who does not meet the requirements of 8 CFR 214.3(l)(1). This refers to the designation as a DSO of a person does not qualify as a DSO.
  8. Failure to provide SEVP with the school’s Form I-17 bearing the names, titles, and signatures of DSOs as required by 8 CFR 214.3(l)(2).
  9. Failure to submit statements of DSOs as required by 8 CFR 214.3(l)(3).
  10. 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 14.3(k)(2).
  11. 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 8 CFR 214.2(m)(9). Schools can only issue Form I-20 for programs that constitute a full course of study.
  12. Failure to operate as a bona fide institution of learning. A school’s bona fides has to do with its actually existing as a school, and offering courses of study as set forth in its I-17.
  13. Failure to employ adequate qualified professional personnel. This could be read to apply to faculty, staff, and DSOs. The word “adequate” was added effective October 27, 2008, and may refer to adequate number of personnel.
  14. Failure to limit its advertising in the manner prescribed in 8 CFR 214.3(j) . This paragraph limits a school in its advertising and publicity regarding its certification to accept nonimmigrant students to a statement that reads, “This school is authorized under Federal law to enroll nonimmigrant alien students.” The limitation is designed to prevent schools from implying any government endorsement of or recommendation about the school by virtue of its approval to enroll F-1 students.
  15. Failure to maintain proper facilities for instruction. This refers to the physical plant of the school, its library and laboratory resources, and any other facilities required for proper instruction conducted by the school.
  16. Failure to maintain accreditation or licensing necessary to qualify graduates as represented in the school’s I-17. Any change in accreditation or licensing status must be reported to SEVP within 21 day as an update to the school’s Form I-17, so that SEVP can decide on the school’s continued eligibility for certification.
  17. Failure to maintain the physical plant, curriculum, and teaching staff in the manner represented in the school’s I-17. A school cannot build itself up in order to obtain school approval and then let itself decline after obtaining that approval. If it does not maintain the physical plant, curriculum, and teaching staff as represented in the petition, its approval can be withdrawn on notice.
  18. Failure to comply with the procedures for issuance of Forms I-20 as set forth in 8 CFR 214.3(k).
  19. 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 does not have Form I-17 approval), as required by 8 CFR 214.3(f)(1). Note that 8 CFR 214.3(e)(3) establishes an affirmative obligation to report changes to the school’s Form I-17.

The grounds for withdraw on notice are the same grounds for SEVP denial of school recertification. "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…Eligibility to re-petition will be at the discretion of the Director of SEVP." 8 CFR 214.4(a)(2).

Students at a school whose certification is withdrawn

Regulations at 8 CFR 214.4(i) govern "Operations at a school when SEVP certification is relinquished or withdrawn." Also see Maintaining student status when an SEVP certified school closes or loses its certification to enroll F-1 nonimmigrant students, SEVP Fact Sheet (January 2007). For reference, here is the text of 8 CFR 214.4(i):

(1) General. A school whose certification is relinquished or withdrawn, or whose recertification is denied may, at SEVP discretion, no longer be able to create Initial student records or issue new Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, or successor form, for initial attendance. Schools must comply with the instructions given in the notice of withdrawal or denial with regard to management of status for their Initial and continuing F and/or M students. All other SEVIS functionality, including event reporting for students, will remain unchanged until the school's SEVIS access termination date. The school must continue to comply with the recordkeeping, retention, reporting and other requirements of 8 CFR 214.3(f), (g), (j), (k), and (l) until its SEVIS access termination date.

(2) SEVIS access termination. In determining the SEVIS access termination date, SEVP will consider the impact that such date will have upon SEVP, the school, and the school's nonimmigrant students in determining the SEVIS access termination date. In most situations, SEVP will not determine a SEVIS access termination date for that school until the appeals process has concluded and the denial or withdrawal has been upheld unless a school whose certification is withdrawn or whose recertification is denied is suspected of criminal activity or poses a potential national security threat. The school will no longer be able to access SEVIS, and SEVP will automatically terminate any remaining Active SEVIS records for that school on the SEVIS access termination date.

(3) Legal obligations and ramifications for a school and its DSOs when a school is having SEVP certification denied or withdrawn. Schools are obligated to their students to provide the programs of study to which they have committed themselves in the students' application for enrollment and acceptance process. Schools are obligated to the U.S. government to comply with the recordkeeping, retention, reporting and other requirements contained in 8 CFR 214.3. With any new petition for SEVP certification, SEVP will consider the extent to which a school has fulfilled these obligations to students and the U.S. government during any previous period of SEVP certification.

Appealing a Withdrawal of School Certification

Regulations at 8 CFR 214.4(h) allow for appeals of a recertification denial or a withdrawal of certification:

(h) Appeals. A school may file an appeal of a denial or withdrawal no later than 15 days after the service of the decision by ICE. The appeal must state the reasons and grounds for contesting the denial or withdrawal. The appeal must be accompanied by the fee as provided in 8 CFR 103.7(d)(15).

The regulation is extremely sparse in terms of procedural details, but SEVP's How to File an Appeal or Motion page goes into great detail. First, it says that an affected school "may have the option to file the following:

  • An Appeal
  • A Motion to Reopen
  • A Motion to Reconsider
  • A Motion and an Appeal"

"The written decision issued to your school by SCU or SAOC will inform you of the reasons for denial or withdrawal, your rights, and filing information including the filing deadline. If you have appeal rights, you may file both an appeal and a motion." The page then details the procedures and describes the difference between an appeal and a motion.

SEVP also has a detailed appeals and motions frequently asked questions page.

NAFSA resources are for informational purposes only and are not intended in any way as legal advice. Individuals and institutions in need of legal advice should consult experiences legal counsel.

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