Frequently Asked Questions about Student Visas

Q:

What do I need to apply for a student visa?

A:

• SEVIS I-20 or SEVIS DS-2019 which should be send to a student by the institution or placement organization (the form should be completed and signed by a school official).
• A completed non-immigrant visa application form in English (DS-156, DS-158 and DS-157 (for men of age 16-45). The DS-156 requires one full-face color photograph (50mm by 50mm).
• A passport valid for at least 6 months after your proposed date of entry into the US. It must contain at least one blank page to affix a visa.
• The application fee for a U.S. nonimmigrant visa is $100, payable in cash. The application fee is non-refundable.
• Evidence (receipt) of US$100 Student/Exchange Visitor (SEVIS) processing fee payment: this fee is required of students from all countries. The fee must be paid to the US government before you apply for a visa. More information is available at https://www.fmjfee.com/index.jhtml.

Other supporting documents may include:
• transcripts and diplomas from previous institutions attended
• letters/certificates showing that you won any academic awards in secondary school/university
• letter of admission from US college/university
• scores from standardized tests (TOEFL, SAT, GRE, GMAT, etc.)
• financial evidence that shows that you have sufficient funding.

Q:

How long does it take to get a visa?

A:

You are encouraged to apply for the visas as soon as you're prepared to do so. Please keep in mind that the Embassy is able to issue your visa 120 days or less in advance of the program start date indicated in your I-20 or DS-2019. If your major belongs to a "sensitive field" of study (i.e. physics, biology, chemistry, architecture, urban planning, etc.), it might take you longer to obtain your visa in comparison to those who are in humanities.

Q:

What is SEVIS?

A:

SEVIS stands for Student and Exchange Visitor Information System. It's an Internet-based system that contains data about students and works between schools and the Department of Homeland Security (DHS).

Q:

What is a Biometric Program?

A:

It involves scanning of the two index fingers. All nonimmigrant visa applicants over 14 and younger than 80 must provide scanned finger images that will be linked to other identifying data collected from applicants.

Q:

Where can I get more information on visa issues?

A:

Contact the US Embassy/Consulate in your country.

Q:

Does SEVIS I-20 or SEVIS DS-2019 guarantee that I'll receive a visa?

A:

A SEVIS I-20 alone is not considered sufficient financial documentation and does not guarantee that you'll be granted a visa. You MUST bring appropriate supporting financial documents to the embassy and you MUST prove to the interviewing officer that you are a serious, qualified student.

Q:

How can I prove I have funds to cover educational expenses? Can I bring my money to the embassy and show it to a Consular Officer?

A:

• There are 2 kinds of financial certification documents for those students who are paying by themselves:
• employer's statement (a statement from your or your parents' employer showing last year's total income)
• bank statement (if you or your parents have a bank account). The statement should carry the bank seal and be signed by a bank official. A bank statement is the most "respectable" financial certification. PLEASE NOTE: You need to show availability of funds OVER TIME.
• Certification of financial support from a source in the United States is only essential for immigration visas. However, it can be helpful to have the following with you:
• scholarship letter (if applicable)
• sponsorship letter (if you are supported by a sponsor in the US)

Q:

Do I need to bring any medical forms?

A:

You are not required to show proof of medical insurance if you're applying for an F-1 visa. Students applying for a J-1 visa can be asked about medical insurance because US law requires all J-1 visa holders to obtain medical insurance before they enter the US; this is usually handled through the placement organization giving the grant.

Q:

How many days ahead of my school start date (as listed on the I-20) does a visa normally allow you to enter the USA?

A:

A student with an F-1 visa may enter the US no earlier than 30 days before the reporting date on I-20. Students applying for initial-entry F-1, F-2, and M-1 and M-2 visas may now be issued those visas up to 120 days before their academic program start date (as compared to 90 days under previous regulations). J-1 and J-2 visitors may be issued visas at any time before the beginning of their programs.

Q:

Where can I get an I-94 Form (Arrival/Departure record)? To whom should I give this form?

A:

•An I-94 is issued when you enter the US. This form indicates the date and location of the person’s entry, the visa classification and length of stay. For most students there will not be a specific date but the letters “D/S”, meaning duration of status.
•An I-94 is a very important document and you should always keep it together with your passport and your I-20.

Q:

What does "duration of status" mean?

A:

One's "duration of status" is the time in which the person maintains the legitimate status of "student." This includes the study period, a practical training period (if approved by the BCIS) of up to 12 months for F-1 visa holders or 18 months for J-1 visa holders. Students are expected to depart from the U.S. within: 60 days after completion of studies or any OPT for F-1 and 30 days for J-1.

Q:

How and when can I bring my dependents?

A:

The spouse and/or children of an F-1 student can enter the US under F-2 status and may stay for the same length of time as the F-1 person. When applying for a visa, your dependents must present their own SEVIS I-20 form, and also documents verifying that they'll have adequate financial support (for the exact amount of money see the requirements of a particular school). They can apply for visas at the same time you do; or they can apply later (you have to request your college to send them an I-20). They're expected to bring a copy of your I-20 and visa in this case. An accompanying spouse or child of J-1 holders should each present a SEVIS Form DS-2019 issued in his or her own name by the same program the main J-1 visa holder is enrolled at.

Q:

13) How should I behave during the interview? Which questions are asked during the interview?

A:

Both J1 and F1 visa applicants are subject to interviews at the Embassy.
• Be confident, sincere and willing to answer any question. Be yourself and DO NOT LIE.
• Be ready to describe your academic program and the kind of career or job it will help you get after return to your home country.
• You will be asked to prove that you can finance your education and that you will return home after the program. These are normal questions and you should be prepared to answer them with clear arguments.

Q:

For what reasons can they refuse to issue me a visa?

A:

You will be denied a visa if:
• You fail to demonstrate the intention to return home after completion of your studies
• You don't have adequate financial support
• You don't seem to be qualified for the proposed program of study (for example, you have very poor English)

Q:

Will I be denied if I took part in the green card lottery?

A:

Not necessarily, but whatever you do, BE HONEST about your participation. The Consular Officer will check computer records and, if you lied, you will definitely be denied a visa.

Q:

Can I change my visa status once I'm in the US?

A:

Theoretically yes, but there are many restrictions (first of all, ask your Foreign Student Adviser). To initiate the process you must file a petition with the DHS. Beware that changing status usually takes many months.

Q:

What should I do if I fall out of status?

A:

Contact your Foreign Student Adviser for specific instructions concerning reinstatement.

Q:

If my visa expires, how do I renew it?

A:

The visa is an entry document only and needs to be valid only at the time you enter the USA. It does not need to be renewed if you stay in the USA. If you need to extend your I-94, contact your Foreign Student Adviser; this is routine and they do it frequently. If you overstay your duration of status and do not get a new I-94, you risk getting into trouble with the INS and not being able to receive another visa in the future.

If you leave America and your visa is no longer valid, apply for a new visa at an American embassy abroad. NOTE: Applying for a new visa can be difficult in a country other than your home country; this depends on your country of origin. You may be told to go to your home country and re-apply there.

 

Q:

What is the difference between an I-20 and a DS-2019 form?

A:

An I-20 is a certificate for F-1 applicants in which the school declares that you've been accepted for a full course of study and you seem to be a bona fide student. The DS-2019 form serves similar purpose for J-1 applicants who receive grants or special status from either from their government (i.e. Russian) or the US government directly or through non-governmental placement organization. Both forms should be registered in SEVIS.

Q:

What is the difference between F-1 and J-1?

A:

F-1 is designated for students in academic and language study programs. The J-1 category includes exchange students, teachers, scholars, researchers, etc. who come to the US under an educational exchange program. J-1 students must be financed, at least partially, by the US or home government or be part of an exchange program. Please note that F-2 visa holders cannot engage in full time study.

Q:

If I have a J-1 visa can I travel to the US to take part in conferences within 2 years after returning home?

A:

Yes, you can if you obtain a B-1/B-2 visa. You may not apply for a work or immigration visa during this period.

Employment

Q:

Can I work on/off campus if I have F-1 or J-1?

A:

F-1 students may work up to 20 hours/week on campus (including on-location commercial firms which provide services for students on campus) or at an off-campus location that is educationally affiliated with the school without special permission. An F-1 student may be authorized to work off-campus on a part-time basis after 1 year of full academic studies. For off-campus work, F-1 holders must obtain permission from the Designated School Official and/or DHS (Department of Homeland Security). An F-2 visa holder may not accept employment.
Employment while in "J" exchange visitor status depends upon the terms of the program. Participants in programs that provide for on-the-job training, teaching, research, or other activities that involve paid employment may accept such employment. Participants in programs that do not involve work may not accept outside employment. J-2 spouses and children may accept employment with authorization from the DHS. Employment will not be authorized if this income is needed to support the J-1 principal alien.

Q:

How many hours may I work?

A:

Up to 20 hours per week during the academic year and up to 40 hours (full time) during vacations and summer.

Q:

Will having a relative in the US affect my visa application?

A:

If you have a close relative like a parent or a spouse who is a US citizen or a permanent resident in the US, the consul may presume you are going there to join your family and will not return to Home country.

While the law does not prohibit the issuance of student visas to applicants who have close relatives in the US, it puts an additional burden on the applicant to prove his/ her non-immigrant intent.

In any case, it is extremely important to provide such information truthfully on your application. You must prove your financial ties, ie a substantial financial stake in your family property by showing property papers, etc. You must also express strong social ties with your parents or with your spouse and kids in Home country.

 

 

 

More FAQ’s asked by previous students

 

Is it required that I pay the first year tuition expenses in advance and show a receipt from the university?

No - paying the tuition expenses in advance is a good way to show proof of funds, but it is NOT a requirement to pay in advance.


What documents should I show to prove that I can pay for my education in the U.S.?

There are no specific documents that prove a student is able to pay for his/her education. Bank account statements, chartered accountant statements, employment letters, and property documents are the most common documents used to show proof of funds.


How do I prove that I can afford to attend school in the United States?

Part 7 on the I-20 shows the amount of funding you must have available to cover the first year's expenses. The total amount includes tuition and fees, living expenses, expenses of dependents (if applicable), and other expenses (as applicable). You must prove that you have immediate funds available to cover this amount. If you are going to a two-year Master's program, then you must also show that funds are or will likely be available to cover the same amount for the second year. For example, if you are a prospective Master's student for a two-year program, and the total amount in Part 7 of the I-20 includes $5,000 for tuition and fees, $5,000 for living expenses, and $500 for other expenses (books and supplies, for instance), then you must prove that $10,500 is immediately available to you. Additionally, you must show that another $10,500 is or will likely be available to cover the second year.


What if my university does not require that I take the TOEFL or GRE?

Students whose prospective university does not require that they take the TOEFL or GRE should provide a letter from the university stating the same. However, the Embassy strongly recommends that all student visa applicants provide standardized test scores.


What if I have not yet received my degree certificate? May I still apply?

Yes - you may still apply, but please be sure to include your mark sheets and provisional certificate if available.


I have taken a loan from a bank to cover my tuition. Do I still need to show other financial documents?

You must prove that funds are immediately available to cover the first year's costs, and show evidence that funds will be available for all subsequent years. Any financial documentation you provide should be in support of this. This applies to ALL student visa applicants.


Can a person on a visitor visa, if he gets admission to a school and gets an I-20, be able to change his status to student?

No. Previously, U.S. law permitted persons entering on tourist, B-2 visas to change status to F-1 visas. That is no longer the case. A nonimmigrant wishing to study in the U.S. must apply from their country of origin or residence if they wish to study in the U.S. on an F-1 visa.

 

Will having a relative in the US affect my visa application?

If you have a close relative like a parent or a spouse who is a US citizen or a permanent resident in the US, the consul may presume you are going there to join your family and will not return to your home country. While the law does not prohibit the issuance of student visas to applicants who have close relatives in the US, it puts an additional burden on the applicant to prove his/ her non-immigrant intent. In any case, it is extremely important to provide such information truthfully on your application. You must prove your financial ties, ie a substantial financial stake in your family property by showing property papers, etc. You must also express strong social ties with your parents or with your spouse and kids in Home country.

 

What about a foreign sponsor?

The motive has to be clearly established. Sixty per cent of the students who go to the US for education do so on some sort of aid. Education in the US is a costly proposition. So, if someone is funding you, the US consul would want to know why and under what terms. The sponsorship could be from family/ relatives in Home country or from family/ relatives in the US.

 

If you are being sponsored, is it for or against your case if the sponsor is (a) a US citizen, (b) an Home country citizen?

There is no regulation for or against the nature of the sponsor's citizenship.

 

Is there a specific number or quota annually for student visas?

There is no ceiling on student visas according to US immigration laws.

 

I am a student going to America for a PhD. My I-20 says my funding is for one year, after which it will be reviewed. Will I have to show funds for the rest of the 3-4 years of study?

The I-20 is a form issued by the American university declaring your admission. At the visa office, you must show funds (academic plus living) for one year and access to funds for subsequent years. If your aid covers your overall expenses for the first year, then it is okay.

 

What is the right time to apply for visas?

One can apply 120 days before the date of enrolment mentioned in the I-20 form.

 

What about shifting schools once I get there?

Once you are in the US, you are governed by the US Citizenship and Immigration Services rules. Accordingly, you cannot change your school before completing a year in it. It is advisable you make your choice carefully, and avoid problems later.

 

I get my visa on one I-20; then I get another I-20 from another school, which I now want to join. What will I have to do?

You will have to apply for another visa.

 

How many attempts are allowed if a visa is denied?

You can apply any number of times after visa refusal but, each time you reapply, you have to pay the visa fees, fill fresh application forms and show 'new evidence' compared to the documents you presented when your visa application was rejected. The new evidence should reveal changed circumstances with regard to your financial ties that will prove you are not an intending immigrant. Visas are often denied due to the applicant's inability to prove he/ she is not an intending immigrant and sometimes also because he/ she do not communicate well enough ie deliver answers to-the-point. Also, if you have two refusals in a period of the last six months, you will have to wait in the normal queue for a visa appointment. You will not get a priority appointment to meet a university deadline if you have been refused a visa twice.

 

Does the reputation of the college have any bearing on my visa application?

Not always. However, the reputation of the college establishes the motive. If you are going to a reputed college, your intention is clear. But if you are going to an institution no one has heard of, and which has not asked you to take any standard tests, it might make the US consul suspicious. In some cases, when students are going for some specialist courses not offered anywhere else, a marginal school would do.

 

Does it help if I have been chosen by 10 schools?

Yes, it establishes that you are a superstar. There is no direct relation, though it completes the picture for the consul and helps it evaluate the case better. Mention this during your interview.

 

What if I plan for graduate (Master's) study in the US and I am financing my education myself?

You will have to show how you will transfer your funds to the US.

 

For students going for further studies, what is considered conclusive proof that they are coming back? How much assets or liquid cash on hand should be shown for a student visa?

There is no fixed amount of assets or liquid cash specified in the US immigration law. The law that operates is that the US consul who interviews you should be convinced you are a bona fide student, genuinely wanting to pursue higher studies in America. He should also be convinced you plan to return after your education and apply your knowledge here. The ties shown by you should involve your economic attraction to Home country after graduation and the social roots to which you would return rather than stay in the US. Statistics in the past have shown that seven to eight out of 10 students from Home country do not return. Therefore, consulates in Home country are very careful while granting student visas.

 

Is a student visa guaranteed when an I-20 form is issued by a university?

A student visa is not guaranteed with the issuance of the I-20 alone. You have to convince the US consul you are not an intending immigrant by showing proof of your permanent ties in Home country.

 

If sufficient funds are not available, can a loan from banks or other institutions help in getting a student visa?

The US consul will have to be convinced about how you will repay the loan. If huge loans are shown, getting a visa can become difficult. It is preferable to have a smaller loan.

 

Can a student be partially sponsored by a US-based sponsor and partly by a foreign-based sponsor?

The US consul has to be convinced about the genuineness of the case. Prima facie, the case cannot be rejected because two sponsors are involved.

 

Do visas for students get rejected if the applicants have brothers and sisters in America?

This is an individual situation. The decision depends on a case-by-case basis. If the US consul feels you are trying to get into the US in the guise of a student, with the possible support of your siblings in America, your application may be rejected. Likewise, if your brother or sister had gone to the US on an NIV (Non Immigrant Visa) and adjusted that status to permanent visa, you become a 'risk candidate'. It will then be left to the judgment of the interviewing officer to decide.

 

Do I have to pay the first year's tuition expenses in advance and show a receipt from the university?

No, paying the tuition expenses in advance is a good way to show proof of funds, but it is not a requirement.

 

How do I prove I can afford to attend school in the US?

Part 7 on the I-20 shows the amount of funding you must have available to cover the first year's expenses. The total amount includes tuition and fees, living expenses, expenses of dependents (if applicable) and other expenses (as applicable). You must prove you have immediate funds available to cover this amount. If you are going to a two-years Master's program, you must also show that funds are or will likely be available to cover the same amount for the second year.

 

A checklist for US student visa interviews

 

1. A passport valid for minimum six months beyond the visit.

2. Two photocopies of the first page and one photocopy of the last page of your passport. A copy of the passport pages containing observations or remarks.

3. A fully completed and signed visa application form. Each applicant aged 14 or above must sign his/ her own application form.

4. A 2 x 2-inch photograph which is not more than six months old. If you do not send your photo according to the required specification, your application will be considered incomplete.

The Application Centre will retain your original visa application form and return your passport.

Here are some steps you can take:

i. Please schedule your visa appointment after paying the fees.

ii. Fill the visa application forms DS-156, 157 (if applicable) and 158 very carefully. Each question box should be answered in complete details. No vague replies please.

iii. Arrange your papers in a file with each paper in separate plastic folder with a sticker or post-it indicating what paper it is for easy retrieval.

iv. Practice managing the file with one hand. Your hand will be occupied holding the telephone receiver from which you may have to speak with the Visa Officer.

The order of papers recommended:

·         Appointment notice along with receipt of fees paid

·         I-901 form indicating SEVIS fee paid

·         Passport in original

·         I-20 SEVIS approved form

·         Letter of admission from US university

·         Entrance test scores (whatever applicable)

·         Latest mark sheets degree certificate obtained in Home country

·         Statement of future plan in Home country

·         Financial statement of self and family showing all assets

·         Evidence of income-tax paid over the last three years

·         Bank transactions of your family over the last three years (passbook, not statement)

·         Form I-134, if your US sponsor is involved with his/ her financial papers

·         Letter from the Home country company if willing to give you job on your return

·         Evidence of certificate of marriage, if applicable

·         Evidence of certificates of birth of children, if applicable

 

The above documents are recommended (not suggested by US Immigration Laws) based on individual cases. They must be shown only if asked during your visa interview. The objective of this important exercise is to overcome the presumption that you are an intending immigrant to America under Section 214 (B), and prove that you will come back after your studies, based on your financial and social ties and family circumstance.

 

 

While speaking with the visa officer

 

Speak with confidence.

Be honest.

Be to the point.

Smile.

Be well-groomed.


How long can I stay in the US with an F/M visa?

F visa holders may remain in the U.S. for up to 60 days after the end date listed on their I-20. M visa holders may remain in the U.S. either for one year or the time indicated on the I-20 plus 30 days, whichever is less.

I am currently a student in the US, do I need a visa to re-enter the US?

If you are making a short trip outside of the U.S., your visa has not expired and you are still enrolled in the school listed on your student visa, there is no need to obtain another visa.

According to the US Citizenship and Immigration Services (USCIS) , students may leave the U.S. and be readmitted after absences of five months or less. If you have spent more than 5 months outside the U.S. we strongly recommend that you apply for a new student visa.

I have changed schools, do I need to get a new visa?

If you change schools before you make your first trip to the US as a student, you will need to get a new visa. However, if you are changing schools after you have started your studies in the US, you do not need to get a new visa, unless you have been outside of the US for more than five months. Before traveling to the US to start a new school, please contact your student advisor to ensure that your SEVIS status has been activated.

If I am in the US studying and my visa has expired do I need to leave?

You may remain in the U.S. as long as you are in full-time student status. On your next trip outside the U.S., you will need to obtain a valid student visa in order to reenter the U.S.

Can I work while I am in the US?

In certain circumstances, F-1 visa holders may obtain permission to work. M-1 visa holders may only engage in employment which is a required part of their practical training and the employment has been approved in advance by the office of US Citizenship and Immigration Services (USCIS).

Can my family members work in the US?

No. Family members may not work on derivative F-2 and M-2 visas; they may, however, study at academic institutions.

Can I study at a public school in the US?

According to section 214(l) of the Immigration and Nationality Act (INA), students cannot attend public elementary school (grades K through 8, approximately ages 5 to 14) or publicly funded adult education programs such as foreign language classes on an F-1 visa. It is possible to attend public high school (grades 9 through 12, approximately ages 14 to 18) for a maximum of 12 months on an F-1 visa, but proof must be shown that payment has been made for the full, unsubsidized cost of the education before a visa can be processed.

Students attending private elementary and secondary schools are not affected by this ruling.

Can parents get a visa to live in the U.S. and care for a "young student"?

No, there is no visa which will allow a parent to do this.

 


F-1 visa for Public Elementary and Secondary Schools

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.

Frequently Asked Questions

Can our school waive the tuition requirement for a deserving F-1 foreign high school student?

No. The law does not allow a foreign 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.

Does the Section 625 of the law affect all foreign students?

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 foreign students, such as children of exchange visitors, diplomats or foreign workers.

How does the law affect F-1 students in private schools?

Foreign 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, he or she must follow the requirements of Section 625 of the law.

Will F-1 students who are already attending public schools have to leave?

The law applies to students who get visas to become F-1 students on or after November 30, 1996. Students in public schools before that date may continue in school. However, if they travel outside the United States, they must follow the requirements of the law to return as F-1 students.

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. 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 can not accept students in F-1 status, even if tuition is charged.

If a foreign student attended public school before the law, does that time count against his or her 12-month limit?

No. Only attendance in a public secondary school after November 30, 1996 counts toward the 12 month limit. Only attendance when the student was in F-1 status is counted. If the student attends school in another visa category, such as A-1, F-2, J-2 or L-2, this period of time is not counted.

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

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

What about students who come here to live with U.S. citizen relatives while attending public school?

Does the student need a student visa to study at your school? If so, the student must meet the requirements of the law. Someone must pay the tuition costs to the school or school district. The child is limited to twelve months of study in secondary school (high school). The child may not study in elementary school.

How to Calculate the Cost of Education under Section 625.

What is the "full, unsubsidized per capita (per student) cost of providing education?"

Each Local Educational Agency (LEA or school/school district) decides the "full, unsubsidized per capita (per student) cost of providing education." Each LEA decides according to the policy of the State where it exists. The following are two methods that may be used to estimate the full, unsubsidized per capita cost of education.

  • Dividing the total of all public expenditures of the school or school district by the number of students in the school or school district.Using existing tuition charges for out of district students. Suppose the school (LEA) has a tuition charge for students attending public secondary schools in a district outside of the district where the student lives. The school may use this amount for deciding the cost for each student IF the LEA believes that the tuition covers the full cost for each student for the school). If the tuition charge does not cover all public expenditures, it must be adjusted for the F-1 student.

What does "unsubsidized" cost mean?

The unsubsidized cost is the LEA's total expenditure for each student. It does not include fees and charges to the individual student. It includes expenditures from all public revenue sources, including local, state and federal funds. It includes all operating and capital expenditures such as expenditures for instruction, support services, equipment, facilities and construction, from all public revenue sources.

Does a district with students from kindergarten through twelfth grade (K-12) need to calculate a separate cost for each secondary student?

No. A school district with K-12 students may use the general cost for each student. It does not need to calculate a separate cost for each secondary student. A school district may also choose to calculate costs for an individual school.

Does a school calculate the cost for each student on the basis of full attendance or average daily attendance?

The LEA or school calculates the cost for each student according the state law and policy. It uses the same method that it uses for deciding the cost for each student or non-resident tuition for students from other school districts.

Section 625 of Public Law 104-208

The section of the law that deals with foreign students in public school follows.

Section 625. Foreign Students.

(a) Limitations. --

(1) In general. -- Section 214 (U.S.C. 1184) is amended by adding at the end the following new subsection:

(1)(1) An alien may not be according status as a nonimmigrant under section 101(a)(15)(F)(i) in order to pursue a course of study --

(A) at a public elementary school or in a publicly funded adult education program: or

(B) at a public secondary school unless --

(i) the aggregate period of such status at such a school does not exceed 12 months with respect to any alien, and

(ii) the alien demonstrates that the alien has reimbursed the local educational agency that administers the school for the full, unsubsidized per capita cost of providing education at such school for the period of the alien's attendance.

(2) An alien who obtains the status of a nonimmigrant under section 101(a)(15)(F)(i) in order to pursue a course of study at a private elementary or secondary school or in a language training program that is not publicly funded shall be considered to have violated such status, and the alien's visa under section (101(a)(15)(F)(i) shall be void, if the alien terminates or abandons such course of study at such a school and undertakes a course of study at a public elementary school, in a publicly funded adult education program, in a publicly funded adult education language training program, or at a public secondary school (unless the requirements of paragraph (1)(B) are met).

1. Conforming amendment. -- Section 101(a)(15)(F)(8 U.S.C. 1101(a)(15)(F) is amended by inserting "consistent with section 214(1)" after "such a course of study."

(b) Reference to New Ground of Exclusion for Student Visa Abusers. -- For addition of ground of inadmissibility for certain nonimmigrant student abusers, see section 347.

(c) Effective Date. -- The amendments made by subsection (a) shall apply to individuals who obtain the status of a nonimmigrant under section (101)(a)(15)(F) of the Immigration and Nationality Act after the end of the 60-day period beginning on the date of the enactment of this Act, including aliens whose status as such a nonimmigrant is extended after the end of such period.


 

 

ARRIVING AT A U.S. PORT OF ENTRY … WHAT A STUDENT CAN EXPECT

 

 

  Students interested in Canada, get detailed information on studying in Canada

  1. Download Visa Application form,

  2. Download Personal Information form,

  3. Student-Questionnaire.pdf,

  4. Download Student Checklist,

 

 

 

 

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