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Foreign and Exchange Students (non U.S. Residents) - All Articles (12)
The U.S. Citizenship and Immigration Services Bureau of the Department of Homeland Security regulates all matters regarding non-immigrant students; its web site is http://uscis.gov.
What is the difference between a foreign student and a foreign exchange student?
This answer
deals exclusively with non-immigrant students;
that is, students who are not residents of the United States and who are
in this country temporarily. If a
student who is not a citizen of the United States nevertheless lives in Iowa with
his or her parents, the school district of residence is required to provide
a tuition-free education to that student.
This is true even if the parents of the student are in this country
illegally. See Plyler v. Doe, 457
U.S. 202, 102 S.Ct. 2382, 72 L.Ed.2d 786 (1982).
A foreign
exchange student is one who is sponsored by a program designated by the United
States Department of State, Exchange Visitor Program and Designation Staff.
These students generally are in the U.S. on a J-1 visa. Students whose residences are in another
country who attend school in the U.S. and are not sponsored by an exchange
program are here usually on an F-1 visa.
The school or district should consult the Advisory List produced annually by the Council on Standards for International Educational Travel, CSIET, on the web at www.csiet.org.
What is SEVIS and what is its importance?
The acronym
SEVIS stands for Student Exchange Visitor and Information System. Prior to 2001, only post-secondary
institutions were required to register with SEVIS as a condition of enrolling
foreign students. However, the Patriot
Act now requires any school district or accredited nonpublic school to register
before the school may enroll a non-exchange foreign student.
If a school or school district only
accepts students from BONA FIDE recognized exchange programs, it is NOT
required to register with SEVIS.
But because there is no exchange
program with respect to F-1 visa holders, the school becomes the "sponsor" in
the eyes of the federal government and must be registered. Registration with SEVIS is not inexpensive; it costs the district about $600 every other
year. More information about SEVIS
should be sought at http://exchanges.state.gov/education/jexchanges/about/sevis.htm .
This answer deals
exclusively with non-immigrant students;
that is, students who are not residents of the United States and who are
in this country temporarily. If a
student who is not a citizen of the United States nevertheless lives in Iowa with
his or her parents, the school district of residence is required to provide
a tuition-free education to that student.
This is true even if the parents of the student are in this country
illegally. See Plyler v. Doe, 457
U.S. 202, 102 S.Ct. 2382, 72 L.Ed.2d 786 (1982).
A district
that enrolls a non-exchange foreign student (one with an F-1 visa) is required
by federal law to charge tuition. P.L.
104-208, Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
A district that enrolls a
foreign exchange student (one with a J-1 visa) may charge tuition. However, the district may waive collection
of tuition for students on J-1 visas based on the "nonresident children ...
residing temporarily" in the district language of Iowa Code section 282.1. (Waiving tuition does not allow the district
to count the student on a J-1 visa as a resident student for purposes of state
foundation aid.)
This answer deals exclusively with non-immigrant
students; that is, students who are not
residents of the United States and who are in this country temporarily. If a student who is not a citizen of the
United States nevertheless lives in Iowa with his or her parents, the
school district of residence is required to provide a tuition-free education to
that student. This is true even if the
parents of the student are in this country illegally. See Plyler v. Doe, 457 U.S. 202, 102
S.Ct. 2382, 72 L.Ed.2d 786 (1982).
No. Foreign exchange students do not meet the requirement for full academic year.
What is required of a school before it may accept a foreign exchange student (J-1 visa holder)?
The
following answer deals exclusively with non-immigrant students; that is, students who are not residents of
the United States and who are in this country temporarily. If a student who is not a citizen of the
United States nevertheless lives in Iowa with his or her parents, the
school district of residence is required to provide a tuition-free education to
that student. This is true even if the
parents of the student are in this country illegally. See Plyler v. Doe, 457 U.S. 202, 102
S.Ct. 2382, 72 L.Ed.2d 786 (1982).
There is no registration requirement, such as
the SEVIS registration requirement regarding acceptance of F-1 visa
holders. To enroll a J-1 visa holder,
all that is required is that the school be a public school district or an
accredited nonpublic school.
The
following answer deals exclusively with non-immigrant students; that is, students who are not residents of
the United States and who are in this country temporarily. If a student who is not a citizen of the
United States nevertheless lives in Iowa with his or her parents, the
school district of residence is required to provide a tuition-free education to
that student. This is true even if the
parents of the student are in this country illegally. See Plyler v. Doe, 457 U.S. 202, 102
S.Ct. 2382, 72 L.Ed.2d 786 (1982).
Such
students are non-residents; therefore,
it is not necessary to use open enrollment.
No district may receive state monies for the student, so there is no
need to insist upon open enrollment. The
student may attend any district that will agree to enroll him or her. In the case of an F-1 visa holder, the
student must pay tuition to any district of attendance.
What are the rules about participation in interscholastic athletics and where are those rules?
Iowa Code section 256.46
states that a foreign exchange student is immediately eligible to
participate in interscholastic athletics if the student is enrolled in an Iowa
school or school district and is otherwise eligible to participate (i.e., age,
academics, good conduct, and in possession of an appropriate physical
examination) UNLESS the student is in the U.S. primarily for purposes of
participating in athletics. A 2006
amendment to the law added the requirement that a foreign exchange student who
attends school "for primarily athletic purposes" is also subject to the 90
school days of ineligibility to participate at the varsity level. Only those students here on J-1 visas are
foreign exchange students.
This is not true of a non-exchange
foreign student. If a non-exchange
student (typically on an F1 visa) is in a school or school district without his
or her family, the student is ineligible to compete in interscholastic
athletics for 90 consecutive school days.
See also 281-Iowa Administrative Code 36.15(3). The 90 day period of ineligibility applies
only to interscholastic sports. It does
not apply to interscholastic speech or music competitions.
This answer deals exclusively with non-immigrant students; that is, students who are not residents of
the United States and who are in this country temporarily. If a student who is not a citizen of the
United States nevertheless lives in Iowa with his or her parents, the
school district of residence is required to provide a tuition-free education to
that student. This is true even if the
parents of the student are in this country illegally. See Plyler v. Doe, 457 U.S. 202, 102
S.Ct. 2382, 72 L.Ed.2d 786 (1982).
This answer
deals exclusively with non-immigrant students;
that is, students who are not residents of the United States and who are
in this country temporarily. If a
student who is not a citizen of the United States nevertheless lives in Iowa with
his or her parents, the school district of residence is required to provide
a tuition-free education to that student.
This is true even if the parents of the student are in this country
illegally. See Plyler v. Doe, 457
U.S. 202, 102 S.Ct. 2382, 72 L.Ed.2d 786 (1982).
No,
there is no requirement that a district enroll a foreign exchange student
living with a family in the district.
However, if a district has a policy of not enrolling foreign exchange
students, this agency urges the district to make that policy known to the
district patrons to avoid problems.
What types of visas are available for foreign students?
This answer
deals exclusively with non-immigrant students;
that is, students who are not residents of the United States and who are
in this country temporarily. If a
student who is not a citizen of the United States nevertheless lives in Iowa with
his or her parents, the school district of residence is required to provide
a tuition-free education to that student.
This is true even if the parents of the student are in this country
illegally. See Plyler v. Doe, 457
U.S. 202, 102 S.Ct. 2382, 72 L.Ed.2d 786 (1982).
Under the Immigration and
Nationality Act [8 U.S.C. section 1101], students qualify for either an F1 visa
or a J1 visa.
The J1
visa is the more common classification for foreign exchange
students. This visa is for a resident of
a foreign county who intends to return to his or her country and who is a bona
fide student who is coming temporarily to the U.S. as a participant in a
program designated by the Director of the United States Information Agency for
the purpose of studying. J1 visas expire
after one year.
An F1
visa is given to a resident of a foreign country who intends to return
to his or her country and who is a bona fide student who seeks to enter the
U.S. temporarily and solely for the purpose of studying in an elementary,
secondary, or postsecondary institution pre-approved by the United States
Department of Homeland Security (DHS) - but is not sponsored by an exchange
program
This answer
deals exclusively with non-immigrant students;
that is, students who are not residents of the United States and who are
in this country temporarily. If a
student who is not a citizen of the United States nevertheless lives in Iowa with
his or her parents, the school district of residence is required to provide
a tuition-free education to that student.
This is true even if the parents of the student are in this country
illegally. See Plyler v. Doe, 457
U.S. 202, 102 S.Ct. 2382, 72 L.Ed.2d 786 (1982).
No, there is no requirement
that a district enroll a non-exchange foreign student living with a family in
the district. The district is prohibited from enrolling
non-exchange foreign students unless it is registered with the Student and
Exchange Visitor Information System (SEVIS). For additional information about SERVIS, read the article What is SEVIS and what is its importance?
