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STATE DEPARTMENT COMMENTS ON STUDENT PROVISIONS IN NEW IMMIGRATION LAW 
On November 5, 1996, the State Department sent a cable to all diplomatic and consular posts addressing issues related to students and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA"). 
The first issue dealt with concerns public school students. Under the new law, an alien may not be accorded F-1 nonimmigrant visa status if the alien is coming to the US to attend a public elementary school or in a publicly funded adult education program. They may also not receive an F-1 to attend a public secondary school unless the aggregate period of such status will not exceed 12 months and the alien demonstrates that he or she will reimburse the local school district for the full, unsubsidized per capita cost of providing such education. Further, aliens may not enter on an F-1 visa to attend a private school and transfer to a public elementary or publicly funded adult education program. They can transfer to a public secondary school if the above conditions are met. These provisions became effective November 30, 1996 and cover individuals seeking F-1 status after that date. An applicant who violates these provision is subject to exclusion from the US for a period of five years after the date of the violation. Current F-1 applicants filing for an extension will now be subject to the new law, even in connection with the same academic program.
The State Department notes in its memo that this provision does not affect other types of visas that permit studying including J, F-2, N-4, L-2, B-2 or any other nonimmigrant visa status. The State Department also mentions that it expects the Immigration and Naturalization Service to issue new regulations relating to the issuance of I-20 Forms by schools and that the presentation of an I-20 issued by a public school would be prima facie evidence of an alien having met the requirements of the new law. 
The State Department states that it is unclear what constitutes the full, unsubsidized per capita cost for a foreign student's enrollment and will be working with the INS to develop regulations on this issue as well as others necessary for the implementation of the new student provisions. Prior to issuance of the regulations, consular posts are instructed to follow this memo and others that are expected to be issued relating to this subject.
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