34 CFR 668.133 - Conditions under which an institution shall require documentation and request secondary confirmation.

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§ 668.133 Conditions under which an institution shall require documentation and request secondary confirmation.
(a) General requirements. Except as provided in paragraph (b) of this section, an institution shall require the student to produce the documentation required under § 668.33(a)(2) and request the INS to perform secondary confirmation for a student claiming eligibility under § 668.33(a)(2), in accordance with the procedures set forth in § 668.135, if—
(1) The institution—
(i) Receives an output document indicating that the student must provide the institution with evidence of the student's immigration status required under § 668.33(a)(2); or
(ii) Receives an output document that satisfies the requirements of § 668.132(a) (1) and (2), but the institution—
(A) Has documentation that conflicts with immigration-status documents submitted by the student or the immigration status reported on the output document; or
(B) Has reason to believe that the immigration status reported by the student or on the output document is incorrect; and
(2) The institution determines that the immigration-status documents submitted by the student constitute reasonable evidence of the student's claim to be an eligible noncitizen.
(b) Exclusions from secondary confirmation.
(1) An institution may not require the student to produce the documentation requested under § 668.33(a)(2) and may not request that INS perform secondary confirmation, if the student—
(i) Demonstrates eligibility under the provisions of § 668.33 (a)(1) or (b); or
(ii) Demonstrated eligibility under the provisions of § 668.33(a)(2) in a previous award year as a result of secondary confirmation and the documents used to establish that eligibility have not expired; and
(iii) The institution does not have conflicting documentation or reason to believe that the student's claim of citizenship or immigration status is incorrect.
(2) [Reserved]
(Approved by the Office of Management and Budget under control number 1840-0650)
(Authority: 20 U.S.C. 1091, 1094)
[58 FR 3184, Jan. 7, 1993, as amended at 58 FR 26674, May 4, 1993; 60 FR 61813, Dec. 1, 1995; 63 FR 40626, July 29, 1998]

Title 34 published on 2014-07-01

The following are only the Rules published in the Federal Register after the published date of Title 34.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-10-31; vol. 79 # 211 - Friday, October 31, 2014
    1. 79 FR 64890 - Program Integrity: Gainful Employment
      GPO FDSys XML | Text
      DEPARTMENT OF EDUCATION, Office of Postsecondary Education
      Final regulations.
      These regulations are effective July 1, 2015.
      34 CFR Parts 600 and 668

Title 34 published on 2014-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 34 CFR 668 after this date.

  • 2014-10-31; vol. 79 # 211 - Friday, October 31, 2014
    1. 79 FR 64890 - Program Integrity: Gainful Employment
      GPO FDSys XML | Text
      DEPARTMENT OF EDUCATION, Office of Postsecondary Education
      Final regulations.
      These regulations are effective July 1, 2015.
      34 CFR Parts 600 and 668