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F-1 Visa - Frequently Asked Questions

25.

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.

26.

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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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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