Foreign
Students
The Immigration and Nationality Act
provides two nonimmigrant visa categories for persons wishing to study in the
United States. The "F" visa is for academic studies, and the
"M" visa is for nonacademic or vocational studies.
BACKGROUND REQUIREMENTS
IMPORTANT
INFORMATION
Changes in U.S. immigration law,
effective November 30, 1996, require that no alien may be issued an F-1 visa to
attend a U.S. public elementary or middle school (K-8). Any alien who wishes to
attend public high school (grades 9-12) in the United States in student visa
(F-1) status must submit evidence that the local school district has been
reimbursed in advance for the unsubsidized per capita cost of the education.
Also, attendance at U.S. public high schools cannot exceed a total of 12 months.
Please note that these changes do not affect other visa categories such as the
J-1 exchange visitor program or the qualified school-age child of an alien who
holds another type of nonimmigrant visa (i.e., A, E, H, I, L, etc.).
No alien may be issued an F-1 visa
in order to attend a publicly-funded adult education program.
Scholastic Preparation
The student visa applicant must
have successfully completed a course of study normally required for enrollment.
The student, unless coming to participate exclusively in an English language
training program, must either be sufficiently proficient in English to pursue
the intended course of study, or the school must have made special arrangements
for English language courses or teach the course in the student's native
language.
Financial Resources
Applicants must also prove that
sufficient funds are or will be available from an identified and reliable
financial source to defray all living and school expenses during the entire
period of anticipated study in the United States. Specifically, applicants must
prove they have enough readily available funds to meet all expenses for the
first year of study, and that adequate funds will be available for each
subsequent year of study. The M-1 student visa applicants must have evidence
that sufficient funds are immediately available to pay all tuition and living
costs for the entire period of intended stay.
Acceptance Form
An applicant coming to the United
States to study must be accepted for a full course of study by an educational
institution approved by the Immigration and Naturalization Service (INS). The
institution must send to the applicant a Form I-20A-B,
Certificate of Eligibility for Nonimmigrant (F-1) Student Status for Academic
and Language Students. The nonacademic or vocational institution must send to
the student a Form I-20M-N, Certificate of Eligibility
for Nonimmigrant (M-1) Student Status For Vocational Students. Educational
institutions obtain Forms I-20A-B and I-20M-N from the INS.
VISA INELIGIBILITY / WAIVER
The nonimmigrant visa application Form OF-156 lists classes of persons who are ineligible
under U.S. law to receive visas. In some instances an applicant who is
ineligible, but who is otherwise properly classifiable as a student, may apply
for a waiver of ineligibility and be issued a visa if the waiver is approved.
APPLYING FOR A STUDENT VISA
Applicants for student visas
should generally apply at the U.S. Embassy or Consulate with jurisdiction over
their place of permanent residence. Although visa applicants may apply at any
U.S. consular office abroad, it may be more difficult to qualify for the visa
outside the country of permanent residence.
Required Documentation
Each applicant for a student visa
must pay a nonrefundable US$45 application fee and submit:
1) An application Form OF-156, completed and signed. Blank forms are
available without charge at all U.S. consular offices;
2) A passport valid for travel to
the United States and with a validity date at least six months beyond the
applicant's intended period of stay in the United States. If more than one
person is included in the passport, each person desiring a visa must make an
application;
3) One photograph 1 and 1/2 inches
square (37x37mm) for each applicant, showing full face, without head covering,
against a light background; and
4) For the "F"
applicant, a Form I-20A-B. For the "M"
applicant, a Form I-20M-N.
5) Evidence of sufficient funds.
Other Documentation
Student visa applicants must
establish to the satisfaction of the consular officer that they have binding
ties to a residence in a foreign country which they have no intention of
abandoning, and that they will depart the United States when they have completed
their studies. It is impossible to specify the exact form the evidence should
take since applicants' circumstances vary greatly.
U.S. PORT OF ENTRY
Applicants should be aware that a
visa does not guarantee entry into the United States. The INS has authority to
deny admission. Also, the period for which the bearer of a student visa is
authorized to remain in the United States is determined by the INS, not the
consular officer. At the port of entry, an INS official validates Form I-94, Record of Arrival-Departure, which notes the
length of stay permitted.
ADDITIONAL INFORMATION
Employment
An F-1 student may not accept
off-campus employment at any time during the first year of study; however, the
INS may grant permission to accept off-campus employment after one year. F-1
students may accept on-campus employment from the school without INS permission.
Except for temporary employment for practical training, an M-1 student may not
accept employment.
Family Members
A spouse and unmarried, minor
children may also be classified for a nonimmigrant visa to accompany or follow
the student. Family members must meet all visa eligibility requirements,
including evidence that they will have sufficient funds for their support, and
that they will depart the U.S. when the student's program ends. Spouses and
children of students may not accept employment at any time.
New Legal Requirements in Immigration
and Naturalization act for F-1 Foreign Students in Public
Schools
Congress recently enacted new limitations on certain foreign students
planning to study in United States public elementary and secondary schools.
Section 625 of Public Law 104-208, which took effect on November 30, 1996,
places the following restrictions on foreign students in F-1 immigration status:
-- Prohibits their attendance in public elementary schools (grades K through
8) or publicly-funded adult education programs;
-- Limits their attendance in public secondary schools (grades 9 through 12)
to a maximum of 12 months; and
-- Requires them to reimburse public secondary schools for the full,
unsubsidized per capita cost of education for the intended period of study.
The new provisions affect only foreign students in F-1 immigration status, or
who obtain F-1 student visas - in other words, those to whom Form I-20 would be
issued. The provisions do not affect foreign students in any other immigration
status, for example J-1 exchange visitors, or dependents of foreign nationals in
the United States on long-term visas.
Likewise, the new provisions do not affect foreign students attending private
schools or private training or language programs. F-1 students who wish to
transfer from private schools or programs into public schools or programs must
meet the new public school requirements.
F-1 students who were attending public schools or programs before the
legislation took effect on November 30, 1996, can remain in school without
penalty. If those students travel outside the U.S. after November 30, however,
they will have to meet the new requirements in order to return.
Suggestions for preparing Form I-20
Public secondary schools issuing Form I-20 should list the full unsubsidized
per capita cost of education under "tuition" in item 7. The student's
payment should be noted under "Remarks." Because F-1 foreign students
are now limited to a maximum of 12 months in U.S. public secondary schools, the
program duration listed in item 5 should not exceed the student's 12-month
limit.
The full text of Section 625 follows.
From: Public Law 104-208, Omnibus Authorization Bill for the Commerce, State
and Justice departments, signed into law on September 30, 1996. The bill
contained provisions entitled the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996. Provisions dealing with foreign students in public
schools follow:
SEC. 625. FOREIGN STUDENTS.
(a) Limitations.--
(1) In general.-- Section 214 (8 U.S.C. 1184) is amended by adding at the end
the following new subsection:
"(l)(1) An alien may not be accorded status as a nonimmigrant under
section 101(a)(15)(F)(i) in order to pursue a course of study--
"(A) at a public elementary school or in a publicly funded adult
education program; or
"(B) at a public secondary school unless--
"(i) the aggregate period of such status at such a school does not
exceed 12 months with respect to any alien, and
"(ii) the alien demonstrates that the alien has reimbursed the local
educational agency that administers the school for the full, unsubsidized per
capita cost of providing education at such school for the period of the alien's
attendance.
"(2) An alien who obtains the status of a nonimmigrant under section
101(a)(15)(F)(i) in order to pursue a course of study at a private elementary or
secondary school or in a language training program that is not publicly funded
shall be considered to have violated such status, and the alien's visa under
section 101(a)(15)(F) shall be void, if the alien terminates or abandons such
course of study at such a school and undertakes a course of study at a public
elementary school, in a publicly funded adult education program, in a publicly
funded adult education language training program, or at a public secondary
school (unless the requirements of paragraph (1)(B) are met).".
1. Conforming amendment. -- Section 101(a)(15)(F) (8 U.S.C. 1101(a)(15)(F))
is amended by inserting "consistent with section 214(l)" after
"such a course of study".
(b) Reference to New Ground of Exclusion for Student Visa Abusers. -- For
addition of ground of inadmissibility for certain nonimmigrant student abusers,
see section 347.
(c) Effective Date. -- The amendments made by subsection (a) shall apply to
individuals who obtain the status of a nonimmigrant under section 101(a)(15)(F)
of the Immigration and Nationality Act after the end of the 60-day period
beginning on the date of the enactment of this Act, including aliens whose
status as such a nonimmigrant is extended after the end of such period.
Questions and Answers on the New Public School
Provisions for F-1 Foreign Students
Can our school waive the tuition requirement for a deserving F-1
foreign high school student?
No, the new law does not allow a foreign student in F-1 status to attend
public secondary school on a tuition waiver. It requires payment of the full
unsubsidized per capita cost of education in all cases.
Do the new provisions affect all foreign students?
No, they only affect students in F-1 status, or applicants for F-1 visas, who
plan to attend public schools or publicly-funded adult education. Other foreign
students -- for example exchange students (who hold J-1 status) or students
whose parents are here as diplomats, researchers or foreign workers -- are
unaffected by the new provisions.
How do the provisions affect F-1 students in private schools?
Foreign students attending private schools, or in privately-funded adult
education or language programs, are not subject to the requirements in Section
625. However, if a private school student wishes to transfer into a public
school or publicly-funded adult education or language program, he or she will
have to comply with Section 625 in order to maintain F-1 status.
Will F-1 students who are already attending our public school have to
leave?
The new law applies to students who obtain F-1 status on or after November
30, 1996. Students who were attending public schools in F-1 status before that
date can continue in school. However, if they travel outside the United States,
they will be required to conform to the new rules to be readmitted.
Can our adult education program continue issuing I-20s if we charge
full tuition?
The new law prohibits the issuance of F-1 visas to attend publicly-funded
adult education programs. The Immigration and Naturalization Service's interim
guidance defines publicly-funded adult education as "education, training or
English-as-second-language programs operated by, through or for a local public
school district, system, agency or authority, regardless of whether such a
program charges fees or tuition." Programs falling under this definition
can no longer accept students in F-1 status, even if tuition is charged.
Do we have to re-issue I-20s we provided before learning about the
new law?
An I-20 issued for public elementary or publicly-funded adult education can
no longer be used to obtain an F-1 visa. It is not necessary to replace an I-20
issued for public secondary school, unless it indicated a program duration
greater than 12 months. If full payment is not indicated on the I-20 (with a
notarized signature from the responsible school official), the school authority
should provide the student with a notarized letter as evidence of payment. If
the student is otherwise eligible, overseas consulates will generally accept
this as proof and will not ask for a new I-20.
If a foreign student attended public school before the new law, does
that time count against his or her 12-month limit?
No. Only public secondary school attendance after November 30, 1996 counts
toward the 12-month maximum. And only attendance while the student was in F-1
status should be counted. Attendance in other immigration categories, such as
J-1, are not considered.
Can organizations or individuals sponsor an F-1 foreign student to
attend public secondary school?
Yes. Nothing in the new law would preclude an organization or individual from
reimbursing the school authority on the student's behalf, so long as payment
does not come from public funds. In addition, previous requirements that a
foreign student have sufficient funds to cover education and living expenses
while in the United States have not changed.
What about students who come here to live with U.S. citizen relatives
while attending public school?
If the student would require a Form I-20 and F-1 status in order to study at
your school, he or she must still meet the new requirements, like any other F-1
student.
The U.S. Department of Education has provided the following information on
calculating the cost of education under Section 625:
What is meant by "the full, unsubsidized per capita cost of
providing education?"
Each Local Educational Agency (LEA) is responsible for determining "the
full unsubsidized per capita cost of providing education," for the purposes
of Section 625. The determination should be made in accordance with applicable
policy in the LEA's state, if any. A variety of approaches are acceptable, as
long as they arrive at a reasonable estimate of the full, unsubsidized per
capita cost. Two examples follow:
-- The per capita (per student) cost may be determined by dividing the sum of
all public expenditures (see below) of the school or school district by the
number of students in the school or school district.
-- If the LEA has established a tuition charge for students attending public
secondary schools located in a district outside the district in which the
student resides, the LEA may use this charge as the basis for determining the
per student cost -- if the LEA believes that the tuition reflects the "full
per capita cost" of education for the school or LEA in question. If the
tuition does not cover all public expenditures, it must be adjusted to do so for
the F-1 student.
What does "unsubsidized" mean with respect to the cost of
providing education?
The unsubsidized cost is the LEA's total expenditure per student, excluding
any fees and charges to the individual student. It includes expenditures from
all public revenue sources including local, state and federal funds. All public
expenditures would include all operating and capital expenditures (such as for
instructional, support and non-instructional services; equipment acquisition;
and facilities and construction), from all public revenue sources.
Does a K-12 district need to compute a separate per student cost for
secondary students?
No. Unified school districts may utilize the K-12 per student cost, rather
than computing a separate per student cost for secondary students.
Alternatively, the LEA may choose to compute cost on a school-by-school basis.
What is the per student basis to be used in calculating the
unsubsidized per capita cost for F-1 students? Is it fall membership, average
daily attendance or average daily membership?
The per student basis used should be the same as that used by the LEA, in
accordance with state law or policy, for calculating per student cost or
non-resident tuition for students from other school districts.
FURTHER INQUIRIES
Questions on how to obtain Forms I-20A-B and I-20M-N
should be made to the educational institution. If the institution does not have
the forms, it needs to contact the local INS office. Questions on visa
application procedures at the American consular offices abroad should be
addressed to that consular office by the applicant.
Source:
UNITED STATES DEPARTMENT OF
STATE
Bureau of Consular Affairs
Visa Services
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