| 24. | How do the provisions affect F-1 students in private schools? | | |
| | | Foreign students attending private schools, or in privately funded adult education or language programs, are not subject to the requirements in Section 625. However, if a private school student wishes to transfer to a public school or a publicly funded adult education
or language program, he or she will have to comply with Section 625 in order to maintain F-1 status. |
| 25. | Can our adult education program continue issuing I-20s if we charge full tuition? | | |
| | | The new law prohibits the issuance of F-1 visas to attend publicly funded adult education programs. The INS interim guidance defines publicly-funded adult education 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 falling under this definition can no longer accept students in F-1 status, even if tuition is charged. |
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| 26. | Do we have to re-issue I-20s we provided before learning about the new law? | | | |
| | An I-20 issued for public elementary or publicly funded adult education can no longer be used to obtain an F-1 visa. It is not necessary to replace an I-20 issued for public secondary school, unless it indicated program duration greater than 12 months. If full payment is not indicated on the I-20 (with a notarized signature from the responsible school official),
the school authority should provide the student with a notarized letter as evidence of payment. If the student is otherwise eligible, overseas consulates will generally accept this as proof and will not ask for a new I-20. | | 27. | Can organizations or individuals sponsor an F-1 foreign student to attend public secondary school? |
| | | | | Yes, nothing in the new law precludes an organization or individual from reimbursing the school authority
on the student's behalf, as long as payment does not come from public funds. In addition, previous requirements that a foreign student has sufficient funds to cover education and living expenses while in the U.S. have not changed. |
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