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"The Challenging Work of Student Visas"
Department of State
Dear Colleagues:
After the NAFSA conference in May of this year,
AAIEP undertook a project to lobby the Department of State to
clarify some of the information on issuing F-1 visas to
IEP
students in the cable "The Challenging Work of Student Visas" (see attached.)
I am pleased to announce that a telegram was issued to consular posts today,
Monday, December 13th, on the specific topic of language study on F-1 visas.
AAIEP gratefully acknowledges the assistance of NAFSA's advocacy team, particularly
that of Vic Johnson, Associate Executive Director of Public Policy, for taking
IEP concerns to State on our
behalf.
Text of this cable follows.
AAIEP encourages membership in NAFSA: Association of International
Educators. NAFSA promotes the exchange of students and scholars to
and from the United States. Information on this organization may
be found at
www.nafsa.org.
December 13, 2004
SUBJECT: ENGLISH LANGUAGE STUDY ON F-1 VISAS
- M/R (SEP) cleared this telegram.
- The Department would like
to remind Posts of the important role English language study
holds in international education in the United States. Students
look to
the United States for English study for several reasons: some
look at it as an entree into further higher education in the United
States,
some are interested in improving their English for business
and professional reasons. Others are interested in combining English
language study
with the experience of living in the United States for a brief
period of time. All are important - and legitimate - reasons to
come to
study English in the United States. As an international language,
knowledge of English is universally important in all countries,
not just our own.
- The Department encourages foreign students
to consider
language study in the United States. At the same time, we
are aware that some aliens who are not bona fide students attempt
to
use the
I-20 as a vehicle to attempt to obtain a visa. In addition
to addressing immigrant intent concerns, consular officers should
focus on the
applicant's motivations for studying English in determining
whether or not he or she is a bona fide language student. This
motivation
can be academic, professional or personal in nature. It is
not necessary for the applicant to have future academic plans
in order to study
English in the United States.
- International students have
a wide variety of options from which to choose when contemplating
English
language study. Other English-speaking nations provide
similar opportunities for language study, and English-language
programs
of some kind are
available in almost every country. Prior English study
in the applicant's home country or another country is not a prerequisite
for beginning
English study in the United States. As stated in 9 FAM
41.61
Note, 5.4, the fact that an ESL or other education program
is available
locally is not in itself grounds for refusing an applicant.
The applicant
may have a variety of reasons to choose language study
in the United States over other closer or more cost-effective options.
Many students
find language learning enhanced by living in the country
where
the language is spoken. Consular officers should not refuse
prospective
students on this basis, nor suggest alternatives to applicants
refused
visas. If the consular officer believes that the applicant
is not a bona fide language student, this in and of itself
is sufficient basis for a refusal.
- A wide range of educational
institutions
offer ESL courses in the United States. These include
programs affiliated
with colleges and other institutions, as well as proprietary
schools. Institutions authorized to issue I-20 forms have
been reviewed by
the Department of Homeland Security to insure that these
programs are legitimate. In addition, two major consortia of
leading
institutions offering English, the American Association of
Intensive English Programs
(AAIEP) and University and College Intensive English
Programs (UCIEP), as well as a DOE-recognized accrediting agency,
the
Commission
on
English Language Program Accreditation (CEA), are able
to answer questions about the bona-fides of institutions offering
English
language studies in the United States.
Don Back
Vice President, Advocacy,
American Association of Intensive
English
Programs
This file was updated on December 22,
2004
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