The Student and Exchange Visitor Program is issuing Notices of Intent to Withdraw to IEP schools that failed to get accredited by the December 14, 2013 Accreditation of English Language Programs Act deadline. Here is an excerpt from a NOIW letter:
“Your school has thirty (30) calendar days from the date of service of this letter to submit written representations under oath supported by documentary evidence setting forth reasons why SEVP should not withdraw your school’s approval. The regulations do not allow for an extension of the time in which your school may submit a response to this NOIW. If your school wishes, a telephonic interview with SEVP may be requested in writing at the time of filing the answer. Your school also may be assisted by legal counsel of its choice, at no expense to the Government. If your school fails to answer this Notice of Intent to Withdraw within the time allotted, we will proceed with a Withdrawal on Notice and your school will not be eligible to file a Form I-17 petition for one year and will waive its right to file an appeal. Additionally, eligibility for any future petitions for SEVP certification will be determined at the discretion of the Director of SEVP.”
It is essential that school owners who receive a NOIW letter respond to SEVP in a timely manner, as is clearly indicated above: failure to do so would invoke the one year wait to reapply for SEVIS certification rule and waive a school’s right of appeal.