In-state tuition on TD Status

[tax_maestro]

I have been working in Texas on TN for last three years. My wife will be joining me shortly. She wants to complete her education in a university. I am just wondering if she will qualify for in-state tuition by virtue of the fact that she is a spouse of a person who has lived and worked in Texas for more than 12 months?

I know some states allow H-1s and TNs to be considered for residency but not sure about Texas.

[Reba]

Nope, probably not. TD is a non-immigrant status, and likely doesn't qualify for residential tuitions.

Call the registrar's office at the school(s) she's interested in and find out for sure, but I'm fairly certain she wouldn't qualify. It's usually the school itself with the policy, not the state.

[Steven]

I don't think any State allows TD to have in-State tuition rates except maybe California. The caselaw was in relation to someone who had H-4 status. That may be transferable to other categories like TD, but you'd need legal counsel to sort it out because Texas is in a different Federal circuit.

[axolotl]

No, she would not qualify for in-state tuition in Texas because TNs/TDs are considered nonimmigrant visa classifications and do not permit the holder "to domicile in the US." However, H-1Bs and their dependents do qualify for in-state tuition, at least in Texas.

I don't have enough posts to post links yet, but the International Students site of the University of North Texas has some information on residency tuition for non-citizens living in Texas. You could also visit the Texas Higher Education Coordinating Board (THECB) site for additional information.

I have been working in Texas on TN for last three years. My wife will be joining me shortly. She wants to complete her education in a university. I am just wondering if she will qualify for in-state tuition by virtue of the fact that she is a spouse of a person who has lived and worked in Texas for more than 12 months?

I know some states allow H-1s and TNs to be considered for residency but not sure about Texas.

[dannykool]

I don't think any State allows TD to have in-State tuition rates except maybe California. The caselaw was in relation to someone who had H-4 status. That may be transferable to other categories like TD, but you'd need legal counsel to sort it out because Texas is in a different Federal circuit.

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I am 80% sure that NY allows H1B and TN to pay in-state tuition after 1 year of residence in the state.

[Steven]

Actually the caselaw wasn't about H-4, it was someone who was on a derivative of a G visa and a lot of States apply that to H-4 now as well.

[SarniaGrl]

You could check out the private Universities and Colleges, some offer a flat-rate fee across the board for all students be they state, out-of-state, or foreign. They seem to be more accomodating.