Janice Lozano
International students' residency status in New York State is determined by their visa status, duration of stay, and type of educational institution. Non-immigrant international students on specific visa categories, such as diplomats and their families, may qualify for New York State residency and in-state tuition rates at public universities like SUNY. However, those on visas prohibiting them from establishing US residence are ineligible for resident tuition rates. Residency requirements for private universities like The City University of New York (CUNY) differ, and certain non-residents, including undocumented students, may be eligible for in-state tuition based on their high school attendance and graduation in New York State. Determining residency for tax purposes also varies, with non-residents paying taxes only on New York source income.
| Characteristics | Values |
|---|---|
| Criteria for residency | Domicile in the state for at least 12 months prior to the last day of the registration period |
| Proof of domicile | NY State voter registration, NY State driver's license, NY State bank account statements, etc. |
| Non-immigrant students | May be eligible for in-state tuition if they meet certain visa requirements and criteria |
| Immigrant students | Must provide proof of immigrant status with a valid Permanent Resident Card |
| Students with out-of-state parents | May acquire New York State residency if they reside with a custodial or non-custodial parent who is a New York State resident and intend to continue to do so throughout their attendance |
| Students with divorced or separated parents | May acquire New York State residency if the custodial parent is a resident or if they reside with a non-custodial parent who is a resident |
| Students with no custodial parents | Must provide proof of financial independence and independence from guardianship |
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What You'll Learn
Non-immigrant visa categories eligible for resident tuition rates
International students are generally considered non-residents of New York State for tuition purposes. However, there are certain non-immigrant visa categories that are eligible for resident tuition rates.
To qualify for the resident tuition rate at a senior college in New York State, a student must meet specific requirements. These typically include being a U.S. citizen, permanent resident, or having a qualifying immigration status. They must also have maintained their principal place of abode in the state for at least twelve consecutive months before the first day of classes and intend to live in New York permanently.
The following visa categories of non-immigrant aliens may qualify for the resident tuition rate in New York State, provided they meet the other requirements for establishing residency:
- A - Ambassador, diplomats, and certain other foreign officials and their families.
- E - Treaty trader/treaty investor, spouse, and children.
- G - Certain government or international organization officials and their families.
- K - Fiancé(e) or spouse of a U.S. citizen and dependent children.
- L - Intra-company transferees (e.g., managers who have worked abroad for a U.S. firm) and their spouse and children.
- N - Parents and children of certain officers and employees of international organizations who were granted permanent residency as special immigrants.
- O - Aliens with extraordinary abilities in the sciences, arts, education, business, athletics, motion pictures, or television (O-1 and O-3 visa holders are eligible, while O-2 visa holders are not).
It is important to note that each individual college campus in New York State may have its own specific requirements and determination processes for residency status and tuition charges. Therefore, students should refer to the policies of their intended college and contact the relevant offices for detailed information and guidance on their specific circumstances.
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Residency requirements for international students
International students are generally considered non-residents in New York State. However, there are certain criteria that, if met, allow international students to qualify for New York State residency.
Domicile Requirements
To establish New York State residency, an individual must meet the domicile requirements. Domicile refers to an individual's permanent and primary home that they intend to return to after being away. To demonstrate proof of a New York State domicile, applicants must provide documents supporting their permanent home in New York State. This can include:
- Duration of physical presence in New York State
- State of residency of the student's family
- New York State voter registration
- New York State driver's license
- New York State motor vehicle registration
- New York State residential rental lease
- New York State income tax returns
- New York State bank account statements
Visa Requirements
Non-immigrant students are grouped into categories based on their visas. Non-immigrants admitted under visa categories that prohibit them from establishing a United States residence are not eligible for resident tuition rates.
The following visa categories of non-immigrant aliens are eligible to make New York State their domicile and may qualify for the resident tuition rate if they meet the requirements:
- A – Ambassador, diplomats, and certain other foreign officials and their families
- E – Treaty trader/Treaty investor, spouse, and children
- G – Certain government or international organization officials and their families
- K – Fiancé(e) or spouse of a U.S. citizen and dependent children
- L – Intra-company transferees and their spouses and children
- N – Parents and children of certain officers and employees of international organizations who were granted permanent residency as special immigrants
Other Requirements
In addition to the domicile and visa requirements, international students must also meet other criteria to qualify for New York State residency:
- Students must have established their domicile in New York State for at least twelve months before the last day of the registration period of a particular term.
- Students with divorced or legally separated parents may acquire New York State domicile if the custodial parent is a New York State resident or if the student resides with a non-custodial parent who is a New York State resident and intends to continue residing with them throughout their attendance at a New York State university.
- Students who are not residents of New York State but have attended and graduated from a New York high school or received a GED within the state may qualify for the resident tuition rate.
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Criteria for establishing domicile in New York State
To establish domicile in New York State, an individual must meet certain criteria. Domicile refers to an individual's permanent and primary residence, which they intend to return to and/or remain in after being away. While an individual may have multiple residences, they can only have one domicile.
For students, the determination of residency status is often based on information provided during the admissions process. At SUNY campuses, students are generally considered New York State residents if they have established their domicile in the state for at least twelve months before the last day of the registration period of a term. This involves submitting documents such as proof of physical presence in New York, NY State voter registration, NY State driver's license, NY State income tax returns, etc.
For financially dependent students, campuses may require documents related to their parents or legal guardians, such as proof of their state of residency. Students of divorced or separated parents may acquire New York State domicile if the custodial parent is a resident or if they reside with a non-custodial parent who is a resident and intend to continue doing so during their studies.
Additionally, certain non-immigrant visa categories, such as A, E, G, K, L, N, and O, allow individuals to establish New York State as their domicile and qualify for resident tuition rates if they meet the requirements.
It's important to note that the criteria for establishing domicile may vary slightly depending on the specific location within New York State, such as New York City or Yonkers.
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Differences in tuition rates for residents and non-residents
The tuition fees for residents and non-residents in New York State differ significantly. The State University of New York (SUNY) campuses offer lower tuition rates for New York State residents. Each individual SUNY campus determines a student's residency status and tuition charges, and the campus decision is final.
According to the National Center for Education Statistics (NCES), the average undergraduate tuition fees and required fees for in-state students were $8,467 at public four-year institutions and $22,669 for out-of-state students in 2019-20. The difference between in-state and out-of-state tuition was more than $17,000 per year on average, as per the NCES. In New York, the difference was more than $14,000 in 2019-20.
To be considered a New York State resident for tuition purposes, an individual must have established their domicile in New York State for at least twelve months prior to the last day of the registration period of a particular term. SUNY campuses rely on documents and circumstances to determine an individual's domicile in New York State. These documents include:
- Duration of physical presence in New York
- State of residency of the student's family
- NY State voter registration
- NY State driver's license
- NY State motor vehicle registration
- NY State real property ownership
- NY State residential rental lease
- NY State income tax returns
Additionally, non-immigrants are grouped into categories based on the type of visa presented at the port of entry. Non-immigrants admitted to the United States in categories that prohibit them from establishing a United States residence are not eligible for resident tuition. However, certain non-immigrant visa categories may qualify for the resident tuition rate if they meet the requirements. These include visa categories A, E, G, K, L, N, and O.
Undocumented students can qualify as residents if they attended a New York high school for at least two years and graduated or if they attended a GED preparation program and passed the exam within the last five years. Similarly, non-resident students, including undocumented students, who attend for at least two years and graduate from a New York high school may be eligible for resident tuition.
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Tax implications for international students in New York State
International students in New York State are required to file tax forms with the United States Internal Revenue Service (IRS) and possibly with the New York State tax department if they were present in the US during the previous calendar year. This is a legal requirement, even if the student did not work during the prior year.
To file taxes in the US, international students must have a Social Security Number or a Tax Identification Number. Students without a Social Security Number will need to fill out a Form W-7 to obtain a Tax Identification Number.
International students with F or J (student) immigration status are usually considered nonresidents for tax purposes for a period of five "tax years". If an individual enters the US at any time during the tax year, the entire year is counted towards the five years during which they must file as a nonresident. Nonresident students only pay tax on New York source income, including earnings from work performed in New York State and income from real property located in the state.
International students who earned income in New York State need to file Form IT-203 by April 15. Students who were present in the US but did not earn any income need to file Form 8843 ONLY by June 17. If the student earned income, they need to file Form 8843 and Form 1040NREZ (or 1040NR) by April 15.
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Frequently asked questions
The difference between resident and non-resident tuition rates is significant, and the requirements can be complex. Resident students pay state tax (and city tax if a New York City or Yonkers resident) on all their income, whereas non-resident students only pay tax on New York source income.
To qualify for the resident tuition rate in New York State, a student must establish that they are a New York State or City "resident". For financially dependent students, this is determined by the residency of their parents or legal guardians. For independent students, this is determined by their principal or permanent home, as well as other factors such as their bank account statements, tax returns, and employment status.
To be considered a resident of New York State, you must have lived in the state for at least 12 months prior to the last day of the registration period of a particular term.
International students do not automatically qualify as residents in New York State. However, non-immigrants in certain visa categories may qualify for the resident tuition rate if they meet specific criteria. These categories include A, E, G, K, L, N, and O visas.
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