Students F-1 Public School Education Cost Reimbursement
Prior to May 1998

DOS cable No. 17 discusses reimbursements required by public secondary school students. Under recent laws, before an F1 visa can be issued to attend a public secondary school, the prospective student must reimburse the school authority for the full, unsubsidized per capita cost of education covering the period of proposed study. A number of posts, as well as schools, have asked for additional guidance on determining this amount.

Per Capita Cost of Education

INS has not yet issued proposed regulations or interim guidance defining full, unsubsidized per capita cost of education. In recent discussions with INS and the Visa Office, the Department of Education explained the complicated nature of public school financing. The definition for the term full unsubsidized per capita cost is not a simple or obvious calculation.

The intent of Section 214(l) is that F1 students not be educated at public expense. Therefore, a school authorities estimate of its full, unsubsidized per capita cost of education should approximate as closely as possible their per student expenditure of public revenues (Federal, State and local). This figure is not necessarily equivalent to a school's nonresident tuition. Although at present, public school districts are being asked to make an estimate, they must do so within certain parameters. They cannot charge whatever sum they wish it must reflect the school districts cost of educating a student. Nor does the statute permit public schools to waive the payment for F1 students.

Although statewide per capita expenditures cannot be considered a bright-line test, they illustrate the range in which a school districts per capita cost of education can be expected to fall. These statewide figures range from 10,000 to 3,400 dollars, with even lower amounts in Puerto Rico and U.S. territories. Again, such numbers are averages, and actual per capita expenditures differ from school district to school district. Some programs will fall below, while others exceed, their state average. It seems unlikely (though not impossible) that a U.S. school districts annual per capita expenditure would be less than 2,000 dollars, obviously, students attending only part of a school year would pay less than the annual amount.

In the absence of clear procedures for calculating the unsubsidized per capita cost of education, consular officers should accept reasonable and realistic estimates from school districts. The public school authority must actually collect the students reimbursement before a visa can be issued. If a school authority is unable or unwilling to make such arrangements, then the student in question will be unable to qualify for an F1 visa to attend school.

Section 214(l) limits public secondary school attendance in F1 status to a cumulative 12 months. (School attendance prior to November 30, 1996 does not count against the 12 months.) Because of this limit, F1 visas to attend public secondary schools should be issued with validities of no greater than 12 months. The INS has advised us that public secondary school students will not/repeat not be admitted for duration of status, but will be admitted for the length of their program or 12 months, whichever is less.