\[Code of Federal Regulations\]

\[Title 34, Volume 3\]

\[Revised as of July 1, 2004\]

From the U.S. Government Printing Office via GPO Access

\[CITE: 34CFR668.130\]

\[Page 495\]

TITLE 34\--EDUCATION

CHAPTER VI\--OFFICE OF POSTSECONDARY EDUCATION, DEPARTMENT OF EDUCATION

PART 668_STUDENT ASSISTANCE GENERAL PROVISIONS\--Table of Contents

Subpart I_Immigration-Status Confirmation

Sec. 668.130 General.

Authority: 20 U.S.C. 1091, 1092, and 1094, unless otherwise noted.

Source: 58 FR 3184, Jan. 7, 1993, unless otherwise noted.

\(a\) Scope and purpose. The regulations in this subpart govern the

responsibilities of institutions and students in determining the

eligibility of those noncitizen applicants for title IV, HEA assistance

who must, under Sec. 668.33(a)(2), produce evidence from the United

States Immigration and Naturalization Service (INS) that they are

permanent residents of the United States or in the United States for

other than a temporary purpose with the intention of becoming citizens

or permanent residents.

\(b\) Student responsibility. At the request of the Secretary or the

institution at which an applicant for title IV, HEA financial assistance

is enrolled or accepted for enrollment, an applicant who asserts

eligibility under Sec. 668.33(a)(2) shall provide documentation from

the INS of immigration status.

(Authority: 20 U.S.C. 1091, 1094)

\[58 FR 3184, Jan. 7, 1993, as amended at 63 FR 40626, July 29, 1998\]

\[Code of Federal Regulations\]

\[Title 34, Volume 3\]

\[Revised as of July 1, 2004\]

From the U.S. Government Printing Office via GPO Access

\[CITE: 34CFR668.131\]

\[Page 495-496\]

TITLE 34\--EDUCATION

CHAPTER VI\--OFFICE OF POSTSECONDARY EDUCATION, DEPARTMENT OF EDUCATION

PART 668_STUDENT ASSISTANCE GENERAL PROVISIONS\--Table of Contents

Subpart I_Immigration-Status Confirmation

Sec. 668.131 Definitions.

The following definitions apply to this subpart:

Eligible noncitizen: An individual possessing an immigration status

that meets the requirements of Sec. 668.33(a)(2).

Immigration status: The status conferred on a noncitizen under the

Immigration and Nationality Act of 1952, as amended, 8 U.S.C. 1182.

Primary confirmation: A process by which the Secretary, by means of

a matching program conducted with the INS, compares the information

contained in an Application for Federal Student Aid or a multiple data

entry application regarding the immigration status of a noncitizen

applicant for title IV, HEA assistance with records of that status

maintained by the INS in its Alien Status Verification Index (ASVI)

system for the purpose of determining whether a student\'s immigration

status meets the requirements of Sec. 668.33(a)(2) and reports the

results of this comparison on an output document.

\[\[Page 496\]\]

Secondary confirmation: A process by which the INS, in response to

the submission of INS Document Verification Form G-845 by an

institution, searches pertinent paper and automated INS files, other

than the ASVI database, for the purpose of determining a student\'s

immigration status and the validity of the submitted INS documents, and

reports the results of this search to the institution.

(Authority: 20 U.S.C. 1091)

\[58 FR 3184, Jan. 7, 1993, as amended at 59 FR 12521, Mar. 16, 1994; 63

FR 40626, July 29, 1998\]

\[Code of Federal Regulations\]

\[Title 34, Volume 3\]

\[Revised as of July 1, 2004\]

From the U.S. Government Printing Office via GPO Access

\[CITE: 34CFR668.132\]

\[Page 496\]

TITLE 34\--EDUCATION

CHAPTER VI\--OFFICE OF POSTSECONDARY EDUCATION, DEPARTMENT OF EDUCATION

PART 668_STUDENT ASSISTANCE GENERAL PROVISIONS\--Table of Contents

Subpart I_Immigration-Status Confirmation

Sec. 668.132 Institutional determinations of eligibility based on
primary

confirmation.

\(a\) Except as provided in Sec. 668.133(a)(1)(ii), the institution

shall determine a student to be an eligible noncitizen if the

institution receives an output document for that student establishing

that\--

\(1\) The INS has confirmed the student\'s immigration status; and

\(2\) The student\'s immigration status meets the noncitizen

eligibility requirements of Sec. 668.33(a)(2).

\(b\) If an institution determines a student to be an eligible

noncitizen in accordance with paragraph (a) of this section, the

institution may not require the student to produce the documentation

otherwise required under Sec. 668.33(a)(2).

(Authority: 20 U.S.C. 1091, 1094)

\[58 FR 3184, Jan. 7, 1993, as amended at 63 FR 40626, July 29, 1998\]

\[Code of Federal Regulations\]

\[Title 34, Volume 3\]

\[Revised as of July 1, 2004\]

From the U.S. Government Printing Office via GPO Access

\[CITE: 34CFR668.133\]

\[Page 496\]

TITLE 34\--EDUCATION

CHAPTER VI\--OFFICE OF POSTSECONDARY EDUCATION, DEPARTMENT OF EDUCATION

PART 668_STUDENT ASSISTANCE GENERAL PROVISIONS\--Table of Contents

Subpart I_Immigration-Status Confirmation

Sec. 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 Sec. 668.33(a)(2) and request the INS to

perform secondary confirmation for a student claiming eligibility under

Sec. 668.33(a)(2), in accordance with the procedures set forth in Sec.

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 Sec. 668.33(a)(2); or

\(ii\) Receives an output document that satisfies the requirements of

Sec. 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

Sec. 668.33(a)(2) and may not request that INS perform secondary

confirmation, if the student\--

\(i\) Demonstrates eligibility under the provisions of Sec. 668.33

(a)(1) or (b); or

\(ii\) Demonstrated eligibility under the provisions of Sec.

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\]

\[Code of Federal Regulations\]

\[Title 34, Volume 3\]

\[Revised as of July 1, 2004\]

From the U.S. Government Printing Office via GPO Access

\[CITE: 34CFR668.133\]

\[Page 496\]

TITLE 34\--EDUCATION

CHAPTER VI\--OFFICE OF POSTSECONDARY EDUCATION, DEPARTMENT OF EDUCATION

PART 668_STUDENT ASSISTANCE GENERAL PROVISIONS\--Table of Contents

Subpart I_Immigration-Status Confirmation

Sec. 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 Sec. 668.33(a)(2) and request the INS to

perform secondary confirmation for a student claiming eligibility under

Sec. 668.33(a)(2), in accordance with the procedures set forth in Sec.

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 Sec. 668.33(a)(2); or

\(ii\) Receives an output document that satisfies the requirements of

Sec. 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

Sec. 668.33(a)(2) and may not request that INS perform secondary

confirmation, if the student\--

\(i\) Demonstrates eligibility under the provisions of Sec. 668.33

(a)(1) or (b); or

\(ii\) Demonstrated eligibility under the provisions of Sec.

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\]

\[Code of Federal Regulations\]

\[Title 34, Volume 3\]

\[Revised as of July 1, 2004\]

From the U.S. Government Printing Office via GPO Access

\[CITE: 34CFR668.134\]

\[Page 496-497\]

TITLE 34\--EDUCATION

CHAPTER VI\--OFFICE OF POSTSECONDARY EDUCATION, DEPARTMENT OF EDUCATION

PART 668_STUDENT ASSISTANCE GENERAL PROVISIONS\--Table of Contents

Subpart I_Immigration-Status Confirmation

Sec. 668.134 Institutional policies and procedures for requesting

documentation and receiving secondary confirmation.

\(a\) An institution shall establish and use written policies and

procedures for requesting proof and securing confirmation of the

immigration status of applicants for title IV, HEA student financial

assistance who claim to meet the eligibility requirements of

\[\[Page 497\]\]

Sec. 668.33(a)(2). These policies and procedures must include\--

\(1\) Providing the student a deadline by which to provide the

documentation that the student wishes to have considered to support the

claim that the student meets the requirements of Sec. 668.33(a)(2);

\(2\) Providing to the student information concerning the consequences

of a failure to provide the documentation by the deadline set by the

institution; and

\(3\) Providing that the institution will not make a determination

that the student is not an eligible noncitizen until the institution has

provided the student the opportunity to submit the documentation in

support of the student\'s claim of eligibility under Sec. 668.33(a)(2).

\(b\) An institution shall furnish, in writing, to each student

required to undergo secondary confirmation\--

\(1\) A clear explanation of the documentation the student must submit

as evidence that the student satisfies the requirements of Sec.

668.33(a)(2); and

\(2\) A clear explanation of the student\'s responsibilities with

respect to the student\'s compliance with Sec. 668.33(a)(2), including

the deadlines for completing any action required under this subpart and

the consequences of failing to complete any required action, as

specified in Sec. 668.137.

(Approved by the Office of Management and Budget under control number

1840-0650)

(Authority: 20 U.S.C. 1091, 1092, 1094)

\[58 FR 3184, Jan. 7, 1993, as amended at 58 FR 26674, May 4, 1993; 63
FR

40626, July 29, 1998\]

\[Code of Federal Regulations\]

\[Title 34, Volume 3\]

\[Revised as of July 1, 2004\]

From the U.S. Government Printing Office via GPO Access

\[CITE: 34CFR668.135\]

\[Page 497\]

TITLE 34\--EDUCATION

CHAPTER VI\--OFFICE OF POSTSECONDARY EDUCATION, DEPARTMENT OF EDUCATION

PART 668_STUDENT ASSISTANCE GENERAL PROVISIONS\--Table of Contents

Subpart I_Immigration-Status Confirmation

Sec. 668.135 Institutional procedures for completing secondary

confirmation.

Within 10 business days after an institution receives the

documentary evidence of immigration status submitted by a student

required to undergo secondary confirmation, the institution shall\--

\(a\) Complete the request portion of the INS Document Verification

Request Form G-845;

\(b\) Copy front and back sides of all immigration-status documents

received from the student and attach copies to the Form G-845; and

\(c\) Submit Form G-845 and attachments to the INS District Office.

(Approved by the Office of Management and Budget under control number

1840-0650)

(Authority: 20 U.S.C. 1091, 1094)

\[58 FR 3184, Jan. 7, 1993, as amended at 58 FR 26674, May 4, 1993\]

\[Code of Federal Regulations\]

\[Title 34, Volume 3\]

\[Revised as of July 1, 2004\]

From the U.S. Government Printing Office via GPO Access

\[CITE: 34CFR668.136\]

\[Page 497-498\]

TITLE 34\--EDUCATION

CHAPTER VI\--OFFICE OF POSTSECONDARY EDUCATION, DEPARTMENT OF EDUCATION

PART 668_STUDENT ASSISTANCE GENERAL PROVISIONS\--Table of Contents

Subpart I_Immigration-Status Confirmation

Sec. 668.136 Institutional determinations of eligibility based on INS

responses to secondary confirmation requests.

\(a\) Except as provided in paragraphs (b) and (c) of this section, an

institution that has requested secondary confirmation under Sec.

668.133(a) shall make its determination concerning a student\'s

eligibility under Sec. 668.33(a)(2) by relying on the INS response to

the Form G-845.

\(b\) An institution shall make its determination concerning a

student\'s eligibility under Sec. 668.33(a)(2) pending the
institution\'s

receipt of an INS response to the institution\'s Form G-845 request

concerning that student, if\--

\(1\) The institution has given the student an opportunity to submit

documents to the institution to support the student\'s claim to be an

eligible noncitizen;

\(2\) The institution possesses sufficient documentation concerning a

student\'s immigration status to make that determination;

\(3\) At least 15 business days have elapsed from the date that the

institution sent the Form G-845 request to the INS;

\(4\) The institution has no documentation that conflicts with the

immigration-status documentation submitted by the student; and

\(5\) The institution has no reason to believe that the immigration

status reported by the applicant is incorrect.

\(c\) An institution shall establish and use policies and procedures

to ensure that, if the institution has disbursed or released title IV,

HEA funds to the student in the award year or employed the student under

the Federal Work-Study Program, and the institution determines, in

reliance on the INS response to the institution\'s request for secondary

confirmation regarding that student, that the student was in fact not an

eligible noncitizen during that award year, the institution provides

\[\[Page 498\]\]

the student with notice of the institution\'s determination, an

opportunity to contest the institution\'s determination, and notice of

the institution\'s final determination.

(Authority: 20 U.S.C. 1091, 1094)

\[58 FR 3184, Jan. 7, 1993, as amended at 63 FR 40626, July 29, 1998\]

\[Code of Federal Regulations\]

\[Title 34, Volume 3\]

\[Revised as of July 1, 2004\]

From the U.S. Government Printing Office via GPO Access

\[CITE: 34CFR668.137\]

\[Page 498\]

TITLE 34\--EDUCATION

CHAPTER VI\--OFFICE OF POSTSECONDARY EDUCATION, DEPARTMENT OF EDUCATION

PART 668_STUDENT ASSISTANCE GENERAL PROVISIONS\--Table of Contents

Subpart I_Immigration-Status Confirmation

Sec. 668.137 Deadlines for submitting documentation and the consequences

of failure to submit documentation.

\(a\) A student shall submit before a deadline specified by the

institution all documentation the student wishes to have considered to

support a claim that the student meets the requirements of Sec.

668.33(a)(2). The deadline, set by the institution, must be not less

than 30 days from the date the institution receives the student\'s
output

document.

\(b\) If a student fails to submit the documentation by the deadline

established in accordance with paragraph (a) of this section, the

institution may not disburse to the student, or certify the student as

eligible for, any title IV, HEA program funds for that period of

enrollment or award year; employ the student under the Federal Work-

Study Program; certify a Federal Stafford or Federal PLUS loan

application, or originate a Direct Loan Program loan application for the

student for that period of enrollment.

(Authority: 20 U.S.C. 1091, 1094)

\[58 FR 3184, Jan. 7, 1993, as amended at 63 FR 40626, July 29, 1998\]

\[Code of Federal Regulations\]

\[Title 34, Volume 3\]

\[Revised as of July 1, 2004\]

From the U.S. Government Printing Office via GPO Access

\[CITE: 34CFR668.138\]

\[Page 498\]

TITLE 34\--EDUCATION

CHAPTER VI\--OFFICE OF POSTSECONDARY EDUCATION, DEPARTMENT OF EDUCATION

PART 668_STUDENT ASSISTANCE GENERAL PROVISIONS\--Table of Contents

Subpart I_Immigration-Status Confirmation

Sec. 668.138 Liability.

\(a\) A student is liable for any LEAP, FSEOG, or Federal Pell Grant

payment and for any Federal Stafford, Direct Subsidized, Direct

Unsubsidized or Federal Perkins loan made to him or her if the student

was ineligible for the Title IV, HEA assistance.

\(b\) A Federal PLUS or Direct PLUS Loan borrower is liable for any

Federal PLUS or Direct PLUS Loan made to him or her on behalf of an

ineligible student.

\(c\) The Secretary does not take any action against an institution

with respect to an error in the institution\'s determination that a

student is an eligible noncitizen if, in making that determination, the

institution followed the provisions in this subpart and relied on\--

\(1\) An output document for that student indicating that the INS has

confirmed that the student\'s immigration status meets the eligibility

requirements for title IV, HEA assistance;

\(2\) An INS determination of the student\'s immigration status and the

authenticity of the student\'s immigration documents provided in
response

to the institution\'s request for secondary confirmation; or

\(3\) Immigration-status documents submitted by the student and the

institution did not have reason to believe that the documents did not

support the student\'s claim to be an eligible noncitizen.

\(d\) Except as provided in paragraph (c) of this section, if an

institution makes an error in its determination that a student is an

eligible noncitizen, the institution is liable for any title IV, HEA

disbursements made to this student during the award year or period of

enrollment for which the student applied for title IV, HEA assistance.

(Authority: 20 U.S.C. 1091, 1094)

\[58 FR 3184, Jan. 7, 1993, as amended at 63 FR 40626, July 29, 1998; 65

FR 38729, June 22, 2000\]

\[Code of Federal Regulations\]

\[Title 34, Volume 3\]

\[Revised as of July 1, 2004\]

From the U.S. Government Printing Office via GPO Access

\[CITE: 34CFR668.139\]

\[Page 498-499\]

TITLE 34\--EDUCATION

CHAPTER VI\--OFFICE OF POSTSECONDARY EDUCATION, DEPARTMENT OF EDUCATION

PART 668_STUDENT ASSISTANCE GENERAL PROVISIONS\--Table of Contents

Subpart I_Immigration-Status Confirmation

Sec. 668.139 Recovery of payments and loan disbursements to ineligible

students.

\(a\) If an institution makes a payment of a grant or a disbursement

of a Federal Perkins loan to an ineligible student for which it is not

liable in accordance with Sec. 668.138, it shall assist the Secretary

in recovering the funds by\--

\(1\) Making a reasonable effort to contact the student; and

\(2\) Making a reasonable effort to collect the payment or Federal

Perkins loan.

\(b\) If an institution causes a Federal Stafford, Federal PLUS,

Direct Subsidized, Direct Unsubsidized, or Direct PLUS Loan to be

disbursed to or on behalf of an ineligible student for which it is not

liable in accordance with Sec. 668.138, it shall assist the Secretary

in recovering the funds by notifying the lender in the case of an FFEL

Program loan or the Secretary in the case of a

\[\[Page 499\]\]

Direct Loan Program loan that the student has failed to establish

eligibility under the requirements of Sec. Sec. 668.201 or 685.200, as

appropriate.

\(c\) If an institution is liable for a payment of a grant or Federal

Perkins loan to an ineligible student, the institution shall restore the

amount equal to the payment or disbursement to the institution\'s
Federal

Perkins loan fund or Federal Pell Grant, Federal SEOG, or LEAP amount,

even if the institution cannot collect the payment or disbursement from

the student.

\(d\) If an institution is liable for a Federal Stafford, Federal

PLUS, Direct Subsidized, Direct Unsubsidized, or Direct PLUS Loan

disbursement to an ineligible student, the institution shall repay an

amount equal to the disbursement to the lender in the case of an FFEL

Program loan or the Secretary in the case of a Direct Loan Program loan,

and provide written notice to the borrower.

(Authority: 20 U.S.C. 1091, 1094)

\[58 FR 3184, Jan. 7, 1993, as amended at 63 FR 40626, July 29, 1998; 64

FR 38729, June 22, 2000\]