Foreign Students in the United States: Policies and Legislation Page: 4 of 16
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Foreign Students in the United States:
Policies and Legislation
Background
Since the Immigration Act of 1924, the United States has expressly permitted
foreign students to study in U.S. institutions. Most foreign students are at least 18
years old and are enrolled in higher education programs. If they attend public high
schools in the United States, the law requires that foreign students pay tuition, with
some exceptions. It also bars the admission of foreign students for the purpose of
attending public elementary schools. While foreign students are also barred from
receiving federal financial assistance, many are successful at gaining financial
assistance from the colleges and universities they attend.
Foreign students enrich the cultural diversity of the educational experience for
U.S. residents as well as enhancing the reputation of U.S. universities as world-class
institutions. While their presence is generally viewed as a positive one, concerns have
arisen in recent years that have caused Congress to take a new look at the
Immigration and Nationality Act (INA) provisions that govern their admission. The
recent terrorist attacks conducted by foreign nationals - including several terrorists
on foreign student visas - are raising a series of questions about foreign students in
the United States, their rights and privileges, and the extent to which the U.S.
government monitors their presence in this country.
Foreign Student Visas
There are three main avenues for students from other countries to temporarily
come to the United States to study, and each involves admission as a nonimmigrant.
A nonimmigrant is an alien legally in the United States for a specific purpose and a
temporary period of time. There are more than 20 major nonimmigrant visa
categories, and they are commonly referred to by the letter that denotes their
subsection in the law.' The three visa categories used by foreign students are: F visas
for academic study; M visas for vocational study; and J visas for cultural exchange.
F Visa. The most common visa for foreign students is the F-1 visa. It is
tailored for international students pursuing a full-time academic education. The F-1
student is generally admitted as a nonimmigrant for the period of the program of
study, referred to as the duration of status.2 The law requires that the student have
101(a)(15) of INA.
2 Those entering as secondary school students are only admitted for 1 year.
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Wasem, Ruth Ellen. Foreign Students in the United States: Policies and Legislation, report, March 28, 2002; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc817291/m1/4/?q=%22higher%20education%22: accessed April 23, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.