Study/exchange
Studying in Public Schools
If children wish to study in the U.S., they must hold the proper visa. There is no provision for study at a public elementary school (grades 1-8) for young children with a nonimmigrant student (F1) visa. Study at a public secondary school (grades 9-12) with an F1 visa is limited to one year, and full reimbursement for the total cost of the education must be confirmed ahead of time. Enrolling a child in public school while in visitor (B1/B2) status can result in the child's visa revocation and permanent visa ineligibility for the child's parents.
There are certain restrictions on attending public school in the U.S. Persons who violate these restrictions can be made ineligible for another visa for a period of five years. These restrictions went into effect December 1, 1996 as Section 625 of Public Law 104-208.
These restrictions apply to students holding F-1 visas. These restrictions do not apply to students attending public school on derivative visas, such as F-2, J-2 or H-4 visas. These restrictions also do not apply to students attending private schools on F-1 visas.
The restrictions are:
- Students who attend public high schools in the U.S. are limited to twelve months of study. Public school attendance in the U.S. prior to November 30, 1996 does not count toward this limit.
- F-1 visas can no longer be issued to attend public elementary or middle schools (K-8th grade) or publicly-funded adult education programs.
- Before an F-1 visa for a public school can be issued, the student must show that the public school in the U.S. has been reimbursed for the full, unsubsidized per capita cost of the education as calculated by the school. Reimbursement may be indicated on the I-20. We may request copies of canceled checks and/or receipts confirming the payment as needed.
Frequently Asked Questions: Information for Public School Administrators
We receive inquiries about this section of the law from public school personnel. Here are some of the common queries, with answers.
How Do We Prepare the 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.
Can our school waive the tuition requirement for a deserving F-1 foreign high school student?
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.
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 provisions.
Will F-1 students who are already attending our public school have to leave?
The 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.
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. We may request from the applicant copies of canceled checks and/or receipts confirming the payment as needed.
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 visa categories, such as J-1, is not included.
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.
What is meant by "the full, unsubsidized per capita cost of providing education?"
The U.S. Department of Education has provided the following information on calculating the cost of 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:
- The per capita (per student) cost may be determined by dividing the sum of all public expenditures 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?
In other words, 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.
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. The Immigration and Naturalization Service's interim guidance defines publicy-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.
Where can I read the full text of the law?
Follow this link to read Section 625 of Public Law 104-208.
For more information, or to schedule an appointment, please go to USA VISA Information Services at http://www.us-visaservices.com. USA VISA Information Services is available 24 hours a day, and can be accessed from both inside and outside of Korea.
For nonimmigrant visa (NIV) inquiries (excluding E, H, L, O, P, Q visa inquiries), please e-mail us at : seoulniv@state.gov. For E, H, L, O, P, Q visa inquiries, please e-mail us at : seoulgoldteam@state.gov.
The applicant, not the U.S. Government, assumes full responsibility for all documents and materials submitted in connection with any consular or visa matter, and for qualifying for the required visa or travel document in time to meet the applicant's needs.
This is an official U.S. Government source of information on the WWW. Inclusion of non-U.S. Government links or information does not imply endorsement of contents.
Updated 2005-08-18