A student is an immigrant if the student meets all three of the following conditions:
- Age is 3-21
- Not born in an State (including District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, and the Norther Marianna Islands)
- Has not attended one or more schools in any State for more than three full academic years (the three full academic years do NOT need to be consecutive). The definition for "full academic" year for Title III immigrant purposes only is 160 days of membership starting with the first grade.