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International and Non-Immigrant Students
Reminder about Non-immigrant Students and Athletics
International Student Enrollment

International Student Enrollment

Below is a summary of the Department of Education's guidance to school districts regarding international students.

 1.  Students with J-1 (foreign exchange students) visas:   While districts do not have to enroll a student with a J-1 visa, the Department strongly urges that districts do so.  By state law, such students have immediate eligibility to participate in interscholastic athletics.  Districts receive no state dollars for enrolling J-1 students.

 2.  Students with F-1 visas:  These are students who come to live with a non-parent relative (or even a non-relative), but because they are not foreign exchange students, the school becomes the sponsor by signing up with SEVIS.  Federal law requires that the school charge full tuition of F-1 students.  These students are ineligible to participate in interscholastic athletics for their first 90 consecutive school days.

 3.  Students with B-2 or similar dependent visas (those that end in the number 2):  These students live with a parent;  therefore, the Department allows districts to consider them as residents of the district, enrolling them tuition-free.

 4.  Immigrant students (non-visa holders):   The first three categories above deal with non-immigrant students;  that is, students who do not intend to make the U.S. their permanent home.  It is perfectly legal to ask for the visa status of a non-immigrant student.  (See next item for summary of visa classifications.)  On the other hand, immigrant students are those who reside in the U.S. with the intention that the residency be permanent.  Districts are to consider ONLY whether such students and their families reside in the district.  If yes, districts are absolutely forbidden to ask about whether the student and family are in the U.S. legally.  Pursuant to the U.S. Supreme Court's ruling in Plyler v. Doe, districts provide a tuition-free education and all educational programming and services that are provided to other resident students.

 See also the FAQs on this subject.

 

 

 

Last Updated ( Wednesday, 19 December 2007 )