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GOVERNMENT > Foreign Policy and International Affairs > Visas > Legal Requirements for F-1 Foreign Students in Public Schools
Legal Requirements for F-1 Foreign Students in Public Schools
Restrictions on Attending Public Elementary and Secondary Schools
Restrictions Are for F-1 Students Only
Students Must Pay the Costs of Secondary School Education
Frequently Asked Questions
How to Calculate the Cost of Education Under Section 625
Section 625 of Public Law 104-208
Restrictions on Attending Public Elementary and Secondary Schools
Congress passed a law in 1996 that placed restrictions on foreign students in U.S. public elementary (kindergarten through eighth grades) and secondary (grades nine through twelve) schools. Secondary school is also called high school. The restrictions are given below:
- prohibits foreign students from attending public elementary schools or publicly-funded adult education programs
- limits secondary school attendance to twelve months
- requires secondary school students to pay the school the full, unsubsidized per capita cost (cost for each student) of education
Go to Section 625 of Public Law 104-208 for the text of the new law.
Restrictions Are for F-1 Students Only
The restrictions apply to these foreign students:
- foreign students in F-1 status who need an I-20 to study in the United States;
- foreign students in F-1 status in public schools who leave the United States and want to return to continue their studies; and
- foreign students in F-1 status who want to transfer from a private school or program into a public school or program.
The restrictions do not apply to the following foreign students:
- foreign students in another visa status, such as J-2, L-1, M-2, or G-4.
- foreign students in F-1 status who attend private schools or private training or language programs
- foreign students in F-1 status who were attending public schools when the law came into effect (November 30, 1996)
Students Must Pay the Costs of Public Secondary School Education
Foreign students who want to attend public secondary school (high school) must pay the full, unsubsidized per capita (for each student) cost of education. This amount is listed under the item called "tuition" in the I-20. The full, unsubsidized per capita (for each student) cost of education is the cost of providing education to each student in the school district where the public school is located. Costs normally range between $3000 and $10,000.
Frequently Asked Questions
Can our school waive the tuition requirement for a deserving F-1 foreign high school student?
No. The law does not allow a foreign student in F-1 status to attend public secondary school without paying tuition. The student must pay the full, unsubsidized per capita (for each student) cost of education in all cases.
Does the Section 625 of the law affect all foreign students?
No. The law affects only students in F-1 status, or applicants for F-1 visas, who plan to attend public schools or publicly funded adult education. The law does not affect other foreign students, such as children of exchange visitors, diplomats or foreign workers.
How does the law affect F-1 students in private schools?
Foreign students who attend private schools or privately funded adult education or language programs are not affected by the law. However, if a private school student wants to transfer to a public school or a publicly funded adult education or language program, he or she must follow the requirements of Section 625 of the law.
Will F-1 students who are already attending public schools have to leave?
The law applies to students who get visas to become F-1 students on or after November 30, 1996. Students in public schools before that date may continue in school. However, if they travel outside the United States, they must follow the requirements of the law to return as F-1 students.
Can our adult education program continue issuing I-20s if we charge full tuition?
The law prohibits the issuance of F-1 visas to attend publicly funded adult education programs. Publicly funded adult education is defined 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 under this definition can not accept students in F-1 status, even if tuition is charged.
If a foreign student attended public school before the law, does that time count against his or her 12-month limit?
No. Only attendance in a public secondary school after November 30, 1996 counts toward the 12 month limit. Only attendance when the student was in F-1 status is counted. If the student attends school in another visa category, such as A-1, F-2, J-2 or L-2, this period of time is not counted.
Can organizations or individuals sponsor an F-1 foreign student to attend public secondary school?
Yes. Nothing in the law prevents an organization or individual from paying the tuition costs for the student. However, the payment cannot come from public funds. The foreign student must still show that he or she has sufficient funds to cover education and living expenses while in the United States.
What about students who come here to live with U.S. citizen relatives while attending public school?
Does the student need a student visa to study at your school? If so, the student must meet the requirements of the law. Someone must pay the tuition costs to the school or school district. The child is limited to twelve months of study in secondary school (high school). The child may not study in elementary school.
How to Calculate the Cost of Education under Section 625.
What is the "full, unsubsidized per capita (per student) cost of providing education?"
Each Local Educational Agency (LEA or school/school district) decides the "full, unsubsidized per capita (per student) cost of providing education." Each LEA decides according to the policy of the State where it exists. The following are two methods that may be used to estimate the full, unsubsidized per capita cost of education.
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Dividing the total of all public expenditures of the school or school district by the number of students in the school or school district.Using existing tuition charges for out of district students. Suppose the school (LEA) has a tuition charge for students attending public secondary schools in a district outside of the district where the student lives. The school may use this amount for deciding the cost for each student IF the LEA believes that the tuition covers the full cost for each student for the school). If the tuition charge does not cover all public expenditures, it must be adjusted for the F-1 student.
What does "unsubsidized" cost mean?
The unsubsidized cost is the LEA's total expenditure for each student. It does not include fees and charges to the individual student. It includes expenditures from all public revenue sources, including local, state and federal funds. It includes all operating and capital expenditures such as expenditures for instruction, support services, equipment, facilities and construction, from all public revenue sources.
Does a district with students from kindergarten through twelfth grade (K-12) need to calculate a separate cost for each secondary student?
No. A school district with K-12 students may use the general cost for each student. It does not need to calculate a separate cost for each secondary student. A school district may also choose to calculate costs for an individual school.
Does a school calculate the cost for each student on the basis of full attendance or average daily attendance?
The LEA or school calculates the cost for each student according the state law and policy. It uses the same method that it uses for deciding the cost for each student or non-resident tuition for students from other school districts.
Section 625 of Public Law 104-208
The section of the law that deals with foreign students in public school follows.
Section 625. Foreign Students.
(a) Limitations. --
(1) In general. -- Section 214 (U.S.C. 1184) is amended by adding at the end the following new subsection:
(1)(1) An alien may not be according 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)(i) 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(1)" 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.
