Foreign Students (F-1) in Public Schools (page 2)

Overview

There are limitations and requirements related to foreign (F-1) students attending public secondary/high schools (grades nine through twelve), under U.S. law. Student F-1 visas cannot be issued to persons seeking to enter the United States in order to attend a public primary/elementary school or a publicly funded adult education program.

Dependents of a nonimmigrant visa holder of any type, including F-1, are not prohibited from attendance at either a public primary school, an adult education program, or another public educational institution, as appropriate.

Requirements List

• Secondary school attendance is limited to twelve months.
• F-1 secondary school students are required to pay the school the full cost of education by repaying the school system for the full, unsubsidized, per capita cost of providing the education to him or her.
• F-1 students are prohibited from attending public elementary schools or publicly-funded adult education programs.

Restrictions are for F-1 Students

Only The following restrictions apply to foreign students who are:

• Students in F-1 status who need an I-20 to study in the United States;
• Students in F-1 status in public schools who leave the United States and want to return to continue their studies; and
• Students in F-1 status who want to transfer from a private school or program into a public school or program.

The following restrictions do not apply to foreign students who are:

• Students in another visa status (i.e., J-2, L-1, M-2, or G-4) or
• Students in F-1 status who attend private schools or private training or language programs.

How is the 12 month attendance limit applied?

The length of study indicated on the Form I-20 must be limited to 12 months. It should be noted that public secondary attendance in a status other than F-1 does not count against the 12-month limit. For example, if you were the child of an A-2 visa holder previously attending secondary school, this would not count toward the 12 month limit.

Can organizations or individuals sponsor an F-1 student to attend public secondary school?

Yes. Nothing in the law prevents an organization or an individual from paying the full tuition costs for the student. However, the payment cannot come from public funds. The student must still show that he or she has sufficient funds to cover education and living expenses while in the United States.

Can students come to live with U.S. citizen relatives while attending public school?

Foreign students may come to the U.S. to live with U.S. citizen relatives while attending public school. The child is limited to twelve months of study in secondary school (high school). The child may not study in elementary school. It should be noted however, that the student's status as a resident of the school district and the fact that the U.S. citizen has paid local property/school taxes is irrelevant and does not fulfill the cost reimbursement requirement of the Immigration and Nationality Act (INA) 214 (m). Therefore, the full tuition costs must be paid to the school or school district.

Additional Web Resources

For more information about studying in the U.S., you may also visit the student visa webpage and www.ice.gov/sevis.

References - U.S. Law

In 1996 Congress enacted a law, Section 625 of Public Law 104-208, establishing section 214(m) of the Immigration and Nationality Act, placing limitations on foreign students (F-1) attending publicly funded institutions.