§ 125.1 Students defined; requirements of; conditions of admission. A bona fide student within the meaning of subdivision (e) of section 4 of the Immigration Act of 1924 (43 Stat. 155; 8 U. S. C. 204 (e)), as amended, is defined as follows: (a) An alien at least 15 years of age who presents a valid nonquota immigration visa duly issued by an American consular officer and designating the alien as a student; (b) who is qualified to enter and has definitely arranged to enter an accredited school, college, academy, seminary, or university, particularly designated by him and approved by the Attorney General; (c) who seeks to enter the United States temporarily for the purpose of pursuing a definite course of study in such institution and will carry a full course of studies in day classes; and (d) who intends to depart voluntarily from the United States upon the completion of such course of study or upon failure to maintain the status of student. A student whose parents or relatives are financially able to support him, or who otherwise has sufficient income to cover expenses, will not be permitted to work either for wages or for board or lodging. A student who has some means but not sufficient income to cover necessary expenses will be permitted to accept sufficient employment to meet necessary expenses. A student having no means will be permitted to work to earn sufficient funds to meet necessary expenses. In no case will a student be permitted to accept employment of a nature to interfere with his full course of studies. Such alien, subject to the proviso of this section, shall be required to establish by the production of a passport, or document in lieu of a passport acceptable under consular regulations, that at the termination of his studies in the United States he will be able to depart to his own or some other country. If the examining immigrant inspector is satisfied beyond a doubt that the alien is a bona fide student as defined herein, he may admit such alien, if otherwise admissible. If he is not satisfied, he shall hold the alien for examination in relation thereto by a board of special inquiry, which board may admit such alien, if otherwise admissible, and may in its discretion, as a condition precedent to admission, exact bond in the sum of $150 that the alien will maintain the status of an immigrant student while in the United States and that he will depart voluntarily when he ceases to maintain such status: Provided, That whether admitted on primary inspection or by a board of special inquiry, with or without bond, such admission shall be only for a period extending to 60 days prior to the time within which the passport,

or document in lieu of a passport, is valid for the alien's departure to his own or some other country, and the period for which admitted shall be endorsed on the immigration visa and the passport, or document in lieu of a passport. Upon admission the alien shall be advised that he may not lawfully remain in the United States beyond the period for which admitted unless prior to the expiration of such period he applies for and obtains an extension of stay in the manner specified in § 125.2. The length of time for which admitted and data as to passport or document in lieu of passport should be noted on Form 1-113.* (47 Stat. 524; 8 U. S. C. 215)

*§§ 125.1 to 125.7, inclusive, issued under the authority contained in sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 166; 8 U. S. C. 102, 222. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections.

125.2 Students; extension of stay. Applications to extend period of temporary admissions of bona fide students pursuant to 125.1 shall be prepared on Form I-535 and submitted to the officer in charge at the port of arrival at least 60 days prior to the expiration of the period for which admitted. The application shall contain all the data specified in the form and must be accompanied by applicant's passport or document in lieu of passport, valid for departure to alien's own or some other country, for at least the time of the requested extension. Where the officer in charge is satisfied that the alien is a bona fide student and if the passport, or document in lieu of a passport acceptable under consular regulations, is valid as above described, the extension may be granted without referring the application to the district head. Where the officer in charge concludes that the application should not be granted, the application shall be forwarded to the district head for determination, the application to be accompanied by a statement of reasons for such reference. Where the district head concludes that the application should not be granted, he shall forward it to the Central Office for decision, with a statement of the reasons for his conclusion.* (47 Stat. 524; 8 U. S. C. 215.)

125.3 Students; when subject to deportation. Any immigrant student admitted to the United States as a nonquota immigrant under the provisions of subdivision (e) of section 4 of the Immigration Act of 1924 (43 Stat. 155; 8 Ú. S. C. 204 (e)), as amended, who fails, neglects, or refuses regularly to attend the school, college, academy, seminary, or university to which admitted, or the accredited school, etc., to which he has lawfully transferred, or who is expelled or dropped from such institution, or who accepts employment except as authorized, or who fails to provide himself with a passport, or document in the nature of a passport acceptable under consular regulations, which will permit his voluntary departure to his own or some other country, or who fails or refuses to so depart, shall be deemed to have abandoned his status as an immigrant student, and shall, upon the warrant of the Attorney General, be taken into custody and deported.* (Sec. 14, 43 Stat. 162, 47 Stat. 524; 8 U. S. C. 214, 215)

125.4 School; petition for approval. Any school, college, academy, seminary, or university desiring approval as a school for immigrant students may file with the Attorney General a petition in writing (Form I-17), stating its name and location, the date

when established; the requirements for admission, including age; whether coeducational; the courses of study offered and the time required to complete each course; the degrees, if any, conferred; the calendar of its school year, including terms and semesters; whether day or night sessions are held or both; the average annual number of students attending; the number of teachers or instructors employed; the approximate total annual cost of board, tuition, etc., per student; and the causes for expulsion: Provided, That when a catalog is issued by such school, college, academy, seminary, or university, a copy of the latest edition thereof shall be filed with and made part of the petition with appropriate references to the pages of such catalog where the information herein required may be found. If the Attorney General is satisfied that such school, college, academy, seminary, or university has been established for at least two years immediately preceding the filing of the petition herein required; that it is a bona fide institution of learning; and that it possesses the necessary facilities and is otherwise qualified for the instruction and education of immigrant students he may approve such school, college, academy, seminary, or university as a school for immigrant students.* (Sec. 4 (e), 43 Stat. 155; 8 U. S. C. 204 (e))

125.5 Schools; conditions for approval. No petition for approval as a school for immigrant students shall be considered unless such petition is accompanied by the written agreement of the school, college, academy, seminary, or university seeking such approval, to report in writing to the officer in charge at the port of arrival, immediately upon the admission of an immigrant student to such institution, the name, age, and local address of such student; the name and complete address of a friend or relative of such student in the United States; the date when such student was admitted; the course of study to be pursued by him; and at the termination of the attendance of such student, to forthwith report, in writing, to the Attorney General through the officer in charge at the port of arrival the date when and the reasons why such attendance was terminated. The foregoing conditions for approval of schools are hereby made applicable to all such approvals heretofore granted and the continuance of approval of a school will depend on the observance of this regulation.* (Sec. 4 (e), 43 Stat. 155; 8 U. S. C. 204 (e))

125.6 School; officer to make petition. Form I-17 and the written agreement accompanying it must be executed by the principal officer of the school, college, academy, seminary, or university having authority to execute contracts.* Sec. 4 (e), 43 Stat. 155; 8 U. S. C. 204 (e))

125.7 School; withdrawal of approval. When it shall appear to the satisfaction of the Attorney General that any school, college, academy, seminary, or university approved as a school for immigrant students, fails, neglects, or refuses to comply with all and singular the terms of its agreement he may withdraw or revoke his approval of such school, college, academy, seminary, or university as a school for immigrant students. (Sec. 4 (e), 43 Stat. 155; 8 U. S. C. 204 (e))

*For statutory citation, see note to § 125.1.