Non-Immigrant Visas

Student Visas

Restrictions on Attending Public Elementary and Secondary Schools

Congress passed a law in 1996 that placed restrictions on foreign students in U.S. public elementary (kindergarten through eighth grades) and secondary (grades nine through twelve) schools. Secondary school is also called high school. The restrictions are given below:

prohibits foreign students from attending public elementary schools or publicly-funded adult education programs
limits secondary school attendance to twelve months
requires secondary school students to pay the school the full, unsubsidized per capita cost (cost for each student) of education

Go to Section 625 of Public Law 104-208 for the text of the new law.

Restrictions Are for F-1 Students Only
The restrictions apply to these foreign students:
foreign students in F-1 status who need an I-20 to study in the United States;
foreign students in F-1 status in public schools who leave the United States and want to return to continue their studies; and
foreign students in F-1 status who want to transfer from a private school or program into a public school or program.
The restrictions do not apply to the following foreign students:
foreign students in another visa status, such as J-2, L-1, M-2, or G-4.
foreign students in F-1 status who attend private schools or private training or language programs
foreign students in F-1 status who were attending public schools when the law came into effect (November 30, 1996)
Students Must Pay the Costs of Public Secondary School Education
Foreign students who want to attend public secondary school (high school) must pay the full, unsubsidized per capita (for each student) cost of education. This amount is listed under the item called "tuition" in the I-20. The full, unsubsidized per capita (for each student) cost of education is the cost of providing education to each student in the school district where the public school is located. Costs normally range between $3000 and $10,000.

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