The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 contains a provision requiring F-1 students attending secondary school in the US to reimburse the school district for the “full, unsubsidized per capita cost of education” covering the period of proposed study. In the absence of Immigration and Naturalization Service rules on the subject, the State Department has issued a cable to all consular posts advising on how to rule in such cases.
According to the State Department, the intent of the rule is that F-1 students not be educated at public expense. Therefore, school districts should base the reimbursement as closely as possible on their per student expenditure of public revenues. This is not necessarily the same as their non-resident tuition fee. Under the above parameter, school districts are not free to charge whatever they wish nor are they permitted to charge nothing at all.
Consular posts are directed to give some latitude to school districts since per capita educational expenditures can vary dramatically depending on the size, location and extent of the program. Statewide per capita costs range from $3,400 to $10,000 though it is understood that some programs fall below state averages and may even fall below the lowest state’s average. However, the State Department states that “It seems unlikely (though not impossible) that a U.S. school district’s annual per capita expenditure would be less than $2,000.” It is permissible, however, to charge less than the full annual rate if a student is attending for only part of a school year.
Where consular officers find a figure too low, they are instructed to request more information from the school district.
Also important is the requirement that a school district actually collect the student’s reimbursement BEFORE the visa is issued. Failure to collect the reimbursement in advance will result in a denial of the F-1 visa application. The reimbursement payment should be noted on the I-20 and the I-20 should be notarized to indicate this payment or the school district should issue a notarized letter on official letterhead indicating payment of the reimbursement amount.
School districts are also reminded that just because the school district has classified someone as a resident does not mean they can avoid the reimbursement. According to the State Department, “Simply, if the student requires F-1 status to attend a public school, then the provisions of INA section 214(I) apply, regardless of the school district’s definition of resident.” The same holds true for US resident sponsors who pay local school taxes. This fact is not relevant to determining whether reimbursement is required.
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