Foreign F-1 students attending public secondary/high schools (grades nine through twelve) are subject to certain limitations and requirements under U.S. law.
For purposes of the limitations on public school attendance, F-1 students are:
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.
However, dependents of a nonimmigrant visa holders in most categories, including F-1, may attend either a public primary school, an adult education program, or another public educational institution, as appropriate.
The length of study indicated on the Form I-20 must not exceed 12 months. Note: 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 and you previously attended secondary school, this would not count toward the 12-month limit.
Foreign students who want to attend public secondary school (high school) must pay the full cost of education. The student's Form I-20 lists the amount under “tuition.” If the Form I-20 does not include the cost of tuition, the student must have a notarized statement, signed by the designated school official (DSO) who signed the Form I-20, stating the full cost of tuition and that the student paid the tuition in full.
The full, unsubsidized per capita (for each student) cost of education is the cost of providing education to each student in the relevant school district. Costs normally range between $3,000 and $10,000. The student secondary school cost reimbursement requirement is mandatory and school systems cannot waive the reimbursement requirement.
No. The law does not allow a 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.
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 students, such as children of exchange visitors, diplomats or foreign workers.
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, the requirements of Section 625 of Public Law 104-208 apply.
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 cannot accept students in F-1 status, even if tuition is charged.
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 enough funds to cover education and living expenses while in the United States.
Foreign students may come to the United States to live with U.S. citizen relatives while attending public school. The child in F-1 student status may not exceed twelve months of study in secondary school (high school). The child in F-1 student status may not study in elementary school. Note: 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 are irrelevant. These factors do not fulfill the cost reimbursement requirement of Section 214(m) of the Immigration and Nationality Act (INA). Thus, the student is still required to pay the school or school district the full tuition costs
For more information about studying in the United States, you may also visit the student visa webpage and www.ice.gov/sevis.
See INA 101(a)(15)(F) (8 U.S.C. 1101(a)(15)(F)) and INA 214(m) (8 U.S.C. 1184(m))
