Student Visa

As of November 30, 1996, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 prohibited any alien from receiving an F-1 student visa if the alien was coming to attend a public elementary school, grades Kindergarten through 8, or a publicly-funded adult education program. Students in grades 9 through 12 must pay the unsubsidized, per capita cost of education in advance to be eligible for an F-1 student visa and are limited to a period not to exceed one year.

Who is eligible to attend public school in the United States on an F-1 student visa?

The Immigration and Nationality Act defines the F-1 non-immigrant alien as one who has not abandoned their residence in a foreign country and who is a bona fide student coming temporarily and solely to the United States to pursue a course of study at a recognized institution of education approved by the Attorney General to accept foreign students.

The 1996 changes to the immigration law prohibit attendance at a public elementary school or publicly-funded adult education program, and restrict attendance at a public secondary school to a cumulative period not to exceed one year while requiring reimbursement of the unsubsidized, per-capita costs of education.

Why are elementary and secondary school students being turned away at the border ports of entry?

A student seeking entry into the United States with an F-1 student visa after November 30, 1996 must meet the requirements of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. The new law includes provisions that eliminate issuance of F-1 visas to students attending public elementary school (kindergarten through grade 8) or publicly funded adult-education programs, regardless of ability to pay. The law also requires that public secondary school students pay, in advance, the full unsubsidized per-capita cost of their education, and limits attendance to a cumulative total of 12 months.

Why are students with valid multiple-entry, F-1 student visas being refused entry?

An unexpired, multiple-entry F-1 student visa is valid only if the alien remains eligible for the visa. Many aliens may have been eligible for an F-1 student visa prior to the changes to the law that became effective November 30, 1996. By leaving the United States, even for one day, the F-1 visa holder must reapply for admission at a port of entry, and at that time, the F-1 student must meet the requirements of the changes to the law.