Understanding State Residency For International College Students

International students are defined as non-immigrant visitors who come to the United States temporarily to take classes or take online courses virtually from anywhere in the world. International students are eligible to study at both public and private schools in the US, as long as the school is Student and Exchange Visitor Program (SEVP)-certified. To enter the US, international students must obtain a visa, with F-1 and M-1 being the most common types. F-1 visas are for academic students, while M-1 visas are for vocational students. For an international student to be considered a state resident, they must have a status that permits them to remain indefinitely in the United States.

Are international college students residents of the state?

International students' eligibility for in-state tuition rates and state education grants

However, there are some exceptions and ways for international students to qualify for in-state tuition rates. Firstly, certain states and universities may have different policies regarding international student tuition fees. For example, Texas offers out-of-state tuition adjustments to in-state tuition for both undergraduate and graduate international students at its public universities. Additionally, some universities may offer full or partial tuition waivers for international students who work as teaching or research assistants.

Another way for international students to qualify for in-state tuition rates is by establishing state residency. The requirements for this vary by state but typically involve demonstrating physical presence in the state for a specified period (usually at least one year) and the intent to make the state their permanent home. For example, in California, individuals must be continuously physically present in the state for more than one year before the residence determination date and demonstrate their intention to stay by establishing legal ties to the state. However, it is important to note that obtaining residency for tuition purposes as a nonresident undergraduate with nonresident parents is extremely difficult in California.

International students can also qualify for in-state tuition rates by obtaining certain types of visas. For example, students with H1B or L1 visas may be eligible for in-state tuition fees in some states if they have been residing and paying taxes in that state for a certain period. Additionally, students with specific nonimmigrant visas, such as the TN visa, may be eligible for in-state tuition rates if their parents have the ability to work in the state or intend to immigrate.

Lastly, international students may be able to reduce their tuition fees through scholarships or state-funded grants. Some state-funded scholarships or grants may provide in-state tuition rates for eligible international students. Therefore, it is recommended to check with the financial aid office of the school to explore these options.

International students' eligibility for driving licenses

International students can get a driver's license in the United States, but the eligibility criteria and requirements vary across states. In most US states, international students cannot legally drive with an international driving license or an International Driving Permit (IDP). Thus, it is essential to check the specific regulations of your state. Here is a general guide to help you understand the process and requirements for obtaining a driver's license as an international student:

Research State-Specific Requirements:

Firstly, understand the specific requirements of your state. While most states have similar rules, there can be significant differences. Contact your local Department of Motor Vehicles (DMV) office to learn about the eligibility criteria and application process for international students. Some states may require you to schedule an in-person appointment, while others may allow walk-in applications. Additionally, the application fee for a driver's license varies across states and may depend on the applicant's age.

Gather Necessary Documents:

Before applying for a driver's license, ensure you have the required documents. The documents typically fall under two categories: proof of identity and age, and proof of legal entry into the United States. Here is a list of documents you may need:

• A valid passport
• Your student visa (F1, J1, or M1) or proof of non-immigrant student status
• Form I-20 ("Certificate of Eligibility for Nonimmigrant Student Status") for F1 and M1 students or Form DS-2019 for J1 students
• Electronic Form I-94 ("Arrival/Departure Record")
• Employment Authorization Document (EAD) if you are on OPT or STEM OPT
• Proof of residence, which may vary depending on your state

Wait for Information Update:

After gathering your documents, you may need to wait for approximately 10-14 days before applying for your driver's license. This waiting period allows time for your immigration information to become visible in the DMV systems. Your Form I-94 information needs to update in all government systems before proceeding with the application.

Apply for a Social Security Number or Individual Taxpayer Identification Number:

Before visiting the DMV, ensure you have applied for a Social Security Number (SSN) or an Individual Taxpayer Identification Number (ITIN), as this is typically a requirement for obtaining a driver's license.

Visit the Local DMV Office:

Once you have completed the preliminary steps, visit your local DMV office with all the required documents. You may need to provide original copies of your documents, so ensure you have them with you. At the DMV, you will pay the application fee and submit your application.

Pass the Required Tests:

Obtaining a driver's license may require passing both a driving and a written test. However, some states may waive these tests if you already have a license from your home country or another state.

It is important to note that the process can vary slightly across different states, so always refer to your state's specific guidelines. Additionally, keep in mind that the requirements mentioned above are general, and there may be additional or alternative documents requested by your state.

International students' eligibility for off-campus employment

International students on F-1 visas are not permitted to work off-campus during their first academic year in the United States. However, they may accept on-campus employment, subject to certain conditions and restrictions. After the first academic year, F-1 students may engage in three types of off-campus employment:

• Severe Economic Hardship: F-1 students may be eligible for off-campus employment if they experience severe economic hardship due to unforeseen circumstances beyond their control, such as loss of financial aid or on-campus employment, substantial changes in exchange rates, or unexpected changes in their source of financial support. To apply, students must explain their situation and receive approval from their Designated School Official (DSO), who will recommend them for off-campus employment and provide an updated Form I-20 ("Certificate of Eligibility for Nonimmigrant Status"). Students must then file Form I-765 ("Application for Employment Authorization") with the U.S. Citizenship and Immigration Services (USCIS) within 30 days of receiving the recommendation.
• Special Student Relief (SSR): F-1 students may be eligible for off-campus employment during periods of special student relief, which can be due to emergent circumstances. The off-campus employment will end on the last date of the authorized SSR or the student's program end date, whichever comes earlier. Students must file Form I-765 with USCIS and cannot begin working while the application is pending.
• Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT): F-1 students may be eligible for off-campus employment in STEM fields on a case-by-case basis. USCIS has provided updated policy guidance regarding eligibility for OPT, including clarifications on online study, school transfers, grace periods, and study abroad.

It is important to note that F-1 students must always consult with their DSO before seeking off-campus employment, as working without permission can result in termination of their SEVIS record and immediate departure from the United States. Additionally, international students are considered "non-immigrant" visitors who intend to stay in the U.S. temporarily and do not have U.S. citizenship or permanent resident status.

International students' eligibility for federal or state grants

International students who are permanent residents of the United States can apply for federal financial aid by completing the Free Application for Federal Student Aid (FAFSA). As a permanent resident, you may qualify for federal and state government aid, including the Stafford Loan, Perkins Loan, PLUS Loan, Pell Grant, SEOG Grant, or Federal Work-Study.

However, international students with non-immigrant visas are generally not eligible for federal financial aid. They must file a Non-Resident tax return (1040NR) and are not eligible for federal student loans.

To be considered a state resident for tuition purposes, international students must have a status that permits them to remain indefinitely in the United States. Each state has its own residency requirements, and the determination of whether a student qualifies is made by the tuition classification officer at each college or university.

Some universities offer tuition waiver programs or grants and scholarships for international students. For example, Ohio State University offers the International Student Grant to international students with one semester left until graduation and who need financial assistance. Miami University offers the International Grant in Aid, which provides a 100% tuition waiver for graduate international students who demonstrate financial need.

International students can also apply for the Fulbright Program, which is available in more than 160 countries and provides funding for tuition, room and board, and transportation fees. The Fulbright Foreign Language Teaching Assistant (FLTA) Program provides a grant for foreign citizens to teach their language and culture at a U.S. university. Women from developing countries who intend to study in the U.S. or Canada can apply for a Margaret McNamara Education Grant, which is worth about $12,000.

International students' eligibility for financial aid and scholarships

International students are not eligible for federal or state financial aid in the US. However, they can qualify for merit or need-based aid, grants, and scholarships at the institutional level. Each college has its own requirements for how international students can prove their ability to pay expenses.

International students can also qualify for certain types of merit or need-based aid. For instance, first-time-in-college international students at Howard University in Washington, DC, are not eligible for need-based aid until their second year, but they can qualify for merit aid through Howard University Freshman Scholarships, which expire after four years of enrollment.

Additionally, international students may be eligible for in-state tuition rates if they meet the state's residency requirements. These requirements vary from state to state and are typically established by the state board of higher education or delegated to the individual college. In most cases, international students must have a status that permits them to remain indefinitely in the US to be considered residents for tuition purposes.

To establish residency, international students typically need to provide evidence of physical presence and intent to reside in the state. This may include government-issued documents dated at least twelve months before the first day of classes. It is important to note that simply attending college in a state does not make an international student a resident of that state for tax purposes.

While funding opportunities for international students may be limited, there are resources available to help reduce the total cost of attendance. Students are advised to be cautious of dishonest scholarship offers and consult with the admissions office or international student office for guidance.

Frequently asked questions