Non-Immigrant VisaS

As of November 30, 1996, U.S. immigration law, as it pertains to student visas for attendance at U.S. public primary, secondary and certain other publicly funded schools, was amended. Briefly:


FOREIGN STUDENTS MAY NOT ATTEND PUBLIC ELEMENTARY SCHOOL

Foreign students may not attend public elementary schools (kindergarten through grades eight) in F-1 (student) status. Therefore, F-1 visas cannot now be issued for study in such schools. Note, this law does not pertain to students in visa categories J, F2, H4, L2, or any other nonimmigrant visa status allowing elementary or secondary school attendance.


F-1 FOREIGN STUDENTS WHO ATTEND PUBLIC SECONDARY SCHOOLS MUST PAY REASONABLE TUITION

The new law also places payment requirements on F-1 studies in public secondary schools. Therefore, F-1 visas for study in a public secondary school (grade 9 through 12) may not be issued unless the applicant demonstrates that the school authority has been reimbursed for the unsubsidized, per capita cost of the education for the intended period of study.

Reimbursement costs should be indicated on the form I-20 (Certificate of Eligibility for Nonimmigrant Student Status) issued by the school. Because F-1 applicants for public secondary schools who lack evidence of reimbursement must be refused a visa, such applicants should arrange reimbursement directly with the school authority. Students denied an F-1 visa for lack of evidence of having paid the cost of education will then have to reapply for a visa.

Note: it is the school's responsibility to determine what amount constitutes the "full unsubsidized per capita cost of education" specified in the new law. In order to comply, school authorities must provide a reasonable, realistic, good faith estimate of the actual cost to state and local taxpayers of educating the foreign student. The tuition fee may not be waived nor can a small token payment be accepted.

Students participating in informal exchanges with a U.S. school (where an American student gets the opportunity to study tuition-free in another country) are not excused from the requirement that they reimburse the school district.

FOREIGN STUDENTS MAY NOT OBTAIN AN F-1 VISA TO ATTEND A PUBLICLY-FUNDED ADULT EDUCATION PROGRAM

"Publicly-funded adult education program" may be defined as programs run tuition-free at or in conjunction with public secondary schools. It does not apply to schools such as community colleges, which receive public funds but charge foreign students tuition.


THERE IS A 12-MONTH LIMIT ON ATTENDANCE OF PUBLIC SECONDARY SCHOOLS

It appears that public secondary school attendance in F-1 status prior to November 30, 1996, will not count against the 12-month limit. Public secondary school attendance in a status other than F-1 does not count against the 12-month limit.


TRANSFERS FROM PRIVATE SCHOOLS

F-1 students who, on or after November 30, 1996, transfer from private to public schools must fulfill the requirements of the new law. If an F-1 student in a private elementary school or publicly financed adult education transfers to a public school or program, the visa is considered void and the student is in violation of status. Likewise, if an F-1 student in a private secondary school transfers to a public secondary school without reimbursing the public school for the unsubsidized cost of education, the visa is considered void and the student is in illegal immigration status.

The SEVIS Program
The Department of Homeland Security (DHS) has introduced a SEVIS (Student and Exchange Visitor System) I-901 fee for all applicants applying for F, J and M visas with initial I-20 or DS-2019 forms issued on or after September 1, 2004.
SEVIS is an internet-based system that will track F, M and J visa participants (and their family members) from the time they receive their initial documentation (either an I-20 or a DS-2019) until they graduate/leave school or conclude/leave program.

More information, download form, fees and fee payment procedures

Visa Information Service
For more information please contact:
• Live Service: 0900 1-850055 (EUR 1.86/Min from a German landline - additional charges may apply from mobile phones). 7am to 8pm, Monday - Friday.
• New service for applicants from outside of Germany and callers who cannot access 0900 numbers: +49 (0)9131-772-2270. EUR 15 per call, payment by credit card, MasterCard and Visa accepted. 7am to 8pm, Monday - Friday.

Last updated: October 2007