---
kind: "section"
citation: "34 C.F.R. § 668.133"
title: "34"
number: "668.133"
heading: "Conditions under which an institution shall require documentation and request secondary confirmation."
url: "https://uscodex.org/cfr/34/668.133"
---

# §668.133. Conditions under which an institution shall require documentation and request secondary confirmation.

- (a) **General requirements.** Except as provided in [paragraph (b)](#b) of this section, an institution shall require the student to produce the documentation required under [§ 668.33(a)(2)](/cfr/34/668.33.md?p=a-2) and request the INS to perform secondary confirmation for a student claiming eligibility under [§ 668.33(a)(2)](/cfr/34/668.33.md?p=a-2), in accordance with the procedures set forth in [§ 668.135](/cfr/34/668.135.md), 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 [§ 668.33(a)(2)](/cfr/34/668.33.md?p=a-2); or
    - (ii) Receives an output document that satisfies the requirements of [§ 668.132(a)](/cfr/34/668.132.md?p=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 [§ 668.33(a)(2)](/cfr/34/668.33.md?p=a-2) and may not request that INS perform secondary confirmation, if the student—
    - (i) Demonstrates eligibility under the provisions of § [668.33 (a)(1)](/cfr/34/668.33.md?p=a-1) or [(b)](/cfr/34/668.33.md?p=a-b); or
    - (ii) Demonstrated eligibility under the provisions of [§ 668.33(a)(2)](/cfr/34/668.33.md?p=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]

## Notes

### Amendments

[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]

### Authority

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

### Source

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

### Authority

Authority: 20 U.S.C. 1001-1003, 1070g, 1085, 1088, 1091, 1092, 1094, 1099c, 1099c-1, 1221e-3, and 1231a, unless otherwise noted.

### Amendments

[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]