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New Interim Final Guidance: Evidentiary Requirements

October 28, 2016

On Friday, Oct. 28, 2016, the Student and Exchange Visitor Program (SEVP) released interim final guidance S1.2: Evidentiary Requirements for Schools Not Meeting Eligibility Criteria in 8 CFR 214.3(b) and (c) for public comment.

The public may submit their comments on SEVP Policy Guidance S1.2 by emailing SEVPFeedback@ice.dhs.gov with the title of the guidance in the subject line. The open comment period will close on Monday, Dec. 12, 2016.

Designed to help guide federal adjudicators, SEVP Policy Guidance S1.2 clarifies the acceptable additional evidence requirements for schools that do not meet the following criteria:

  • Owned and operated as a public school or school system by the United States, a state or a political subdivision thereof, and confers upon its graduates recognized bachelor’s, master’s, doctorate, professional or divinity degrees.
  • Accredited by a nationally recognized accrediting body and confers upon its graduates recognized bachelor’s, master’s, doctorate, professional or divinity degrees.
  • A secondary school operated by or as part of a postsecondary school that is a public educational institution or is accredited.

As a reminder, interim final guidance is official SEVP policy that establishes standards or requirements and is used by SEVP adjudicators when it is posted. SEVP will typically issue interim final guidance on issues that require immediate clarification, revision or are uncontroversial to seek public comment to help inform the final guidance. 

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