[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR41.61]

[Page 197-198]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 41--VISAS: DOCUMENTATION OF NONIMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED--Table of Contents
 
                Subpart G--Students and Exchange Visitors
 
Sec. 41.61  Students--academic and nonacademic.


    (a) Definitions--(1) Academic, in INA 101(a)(15)(F), refers to an 
established college, university, seminary, conservatory, academic high 
school, elementary school, or other academic institution, or a language 
training program.
    (2) Nonacademic, in INA 101(a)(15)(M), refers to an established 
vocational or other recognized nonacademic institution (other than a 
language training program).
    (b) Classification. (1) An alien is classifiable under INA 101(a) 
(15) (F) (i) of INA 101(a) (15) (M) (i) if the consular officer is 
satisfied that the alien qualifies under one of those sections, and:
    (i) The alien has been accepted for attendance solely for the 
purpose of pursuing a full course of study in an academic institution 
approved by the Attorney General for foreign students under INA 101(a) 
(15) (F) (i) or a nonacademic institution approved under INA 101(a) (15) 
(M) (i), as evidenced by submission of a Form I-20A-B, Certificate of 
Eligibility For Nonimmigrant (F-1) Student Status -- For Academic and 
Language Students, or Form I-20M-N, Certificate of Eligibility for 
Nonimmigrant (M-1) Student Status--

[[Page 198]]

For Vocational Students, properly completed and signed by the alien and 
a designated school official;
    (ii) The alien possesses sufficient funds to cover expenses while in 
the United States or can satisfy the consular officer that other 
arrangements have been made to meet those expenses;
    (iii) The alien, unless coming to participate exclusively in an 
English language training program, has sufficient knowledge of the 
English language to undertake the chosen course of study or training. If 
the alien's knowledge of English is inadequate, the consular officer may 
nevertheless find the alien so classifiable if the accepting institution 
offers English language training, and has accepted the alien expressly 
for a full course of study in a language with which the alien is 
familiar, or will enroll the alien in a combination of courses and 
English instruction which will constitute a full course of study; and
    (iv) The alien intends, and will be able, to depart upon termination 
of student status.
    (2) An alien otherwise qualified for classification as a student, 
who intends to study the English language exclusively, may be classified 
as a student under INA 101(a) (15) (F) (i) even though no credits are 
given by the accepting institution for such study. The accepting 
institution, however, must offer a full course of study in the English 
language and must accept the alien expressly for such study.
    (3) The alien spouse and minor children of an alien who has been or 
will be issued a visa under INA 101(a) (15) (F) (i) or 101(a) (15) (M) 
(i) may receive nonimmigrant visas under INA 101(a) (15) (F) (ii) or 
101(a) (15) (M) (ii) if the consular officer is satisfied that they will 
be accompanying or following to join the principal alien; that 
sufficient funds are available to cover their expenses in the United 
States; and, that they intend to leave the United States upon the 
termination of the status of the principal alien.
    (c) Posting of bond. In borderline cases involving an alien 
otherwise qualified for classification under INA 101(a) (15) (F), the 
consular officer is authorized to require the posting of a bond with the 
Attorney General in a sum sufficient to ensure that the alien will 
depart upon the conclusion of studies or in the event of failure to 
maintain student status.