Second Languages

F1 - Academic Student - Definition
(F)(i)3/ an alien having a residence in a foreign country which he has no intention of abandoning, who is a bona fide student qualified to pursue a full course of study and who seeks to enter the United States temporarily and solely for the purpose of pursuing such a course of study consistent with section 214(l) at an established college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program in the United States, particularly designated by him and approved by the Attorney General after consultation with the Secretary of Education, which institution or place of study shall have agreed to report to the Attorney General the termination of attendance of each nonimmigrant student, and if any such institution of learning or place of study fails to make reports promptly the approval shall be withdrawn.

F1-Academic Students
Foreign students seeking to study in the U.S. may enter in the F-1 provided they meet the following criteria:

1 The student must be enrolled in an "academic" educational
program, or a language-training program;
2 The school must be approved by the Immigration and
Naturalization Service (INS);
3 The student must be enrolled as a full-time student at the
institution;
4 The student must be proficient in English or be enrolled in
courses leading to English proficiency;
5 The student must have sufficient funds available for
self-support during the entire proposed course of study; and
6 The student must maintain a residence abroad which he/she
has no intention of giving up.

Legal Requirements for F-1 Foreign Students in Public Schools

In 1997, Congress enacted new limitations on certain foreign students planning to study in U.S. public elementary and secondary schools. Section 625 of Public Law 104-208, which took effect 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 the public secondary schools for
the full, unsubsidized per capita cost of education for the
intended period of study.

These provisions affect only foreign students in F-1 immigration status, or who obtain F-1 student visas - in other words, those to whom Form 1-20 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 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. they will have to meet the new requirements in order to return.

** New regulations (May 16, 2002) affecting F, M, and J visas (Federal Register Document)
Schools are mandated to enroll in SEVIS (Enrollment in the Student and Exchange Visitor Information System) effective January 30, 2003.
By that date, all schools wanting to issue Form I-20, Certificate of Eligibility for NonImmigrant Student, will have to have registered through SEVIS. To contact SEVIS call 202-305-2346.

F-1: Approval for attendance of academic students may be solicited by an accredited college or university that awards bachelors, masters, doctorate or professional degrees; an accredited community or junior college that provides instruction in the liberal arts or the professions and awards associate degrees; a seminary; a conservatory; an academic high school; a private elementary school; or an institution that provides language training, instruction in the liberal arts, the fine arts or the professions, or instruction in one or more of these disciplines.

Current INS regulations recognize the following as approved schools:
• A school operated as a public educational institution by
federal, state, or local government; and
• A school accredited by a nationally recognized accrediting
agency.

If a school does not fall into one of these two categories, it must submit evidence that it satisfies the compulsory attendance requirements of the state in which it is located and that it qualifies graduates for acceptance by approved schools at a higher educational level, and in the case of a private elementary or secondary school, that it is accredited by an accrediting organization, certified by the U.S. Department of Education's Office of Non-Public Education.

Approval Process
Petition for approval (Form I-17) is filed in duplicate with the district director in the school's locality. After Jan. 30, 2003 the petition for approval should be completed on-line.

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. After January 30, 2003 this form should be completed on-line.

Questions and Answers on the Public School Provisions for F-1 Foreign Students

Q: Can our school waive the tuition requirement for a deserving F-1 foreign high school student?
A: No, the 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.

Q: Do the new provisions affect all foreign students?
A: 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.

Q: Can organizations or individuals sponsor an F-1 foreign student to attend public secondary school?
A: 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.

Q: What about students who come here to live with U.S. citizen relatives while attending public school?
A: 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:
Q: What is meant by "full, unsubsidized per capita cost of providing
education?"
A: Each Local Educational Agency (LEA) is responsible for determining "the full unsubsidized per capita cost of providing education," for the purpose 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:

1. The per capita (per student) cost may be determined by dividing the sum of all public expenditures (see below) of the school district by the number of students in the school or school district.

2. 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.

Q: What does "unsubsidized" mean with respect to the cost of
providing education?
A: 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.

Q: Does a K-12 district need to compute a separate per student cost
for secondary students?
A: 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.

Q: 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?
A: 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.

For additional information visit one of the following resources:

Visa Services for US Citizens, Foreign Visitors and Passport
Information

Immigration Classifications and Visa Categories

Immigration

U.S. Immigration and Customs Enforcement

Department of Homeland Security

Department of State