1. (a) Except as provided in paragraphs (b) and (c) of this section, an institution that has requested secondary confirmation under § 668.133(a) shall make its determination concerning a student's eligibility under § 668.33(a)(2) by relying on the INS response to the Form G-845.

2. (b) An institution shall make its determination concerning a student's eligibility under § 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. (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. (2) The institution possesses sufficient documentation concerning a student's immigration status to make that determination;
   3. (3) At least 15 business days have elapsed from the date that the institution sent the Form G-845 request to the INS;
   4. (4) The institution has no documentation that conflicts with the immigration-status documentation submitted by the student; and
   5. (5) The institution has no reason to believe that the immigration status reported by the applicant is incorrect.

3. (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 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]