The EB-5 Investor Program allows foreign nationals to obtain a U.S. Green Card through financial investments. The program aims to boost the economy while providing foreign nationals with an opportunity for a better life. Successful investors and their eligible families get permanent residency, unlocking many opportunities—one of which is access to education.

If you want your kids to attend U.S. colleges, you need to understand the respective tuition rates. Out-of-state tuition rates can be rather expensive, unlike in-state tuition which offers EB-5 families accessible and affordable higher education options.

However, residency requirements for in-state tuition vary depending on where you live. This can be a challenge if you have kids who will be going to college soon. So, knowing how to navigate these state-specific policies is important for EB-5 visa holders.

This article explains in-state and out-of-state tuition and discusses the requirements for EB-5 holders to secure in-state tuition rates.

Understanding In-State vs. Out-of-State Tuition

In-state tuition is the fee students pay to attend a public college or university in their home state. On the flip side, out-of-state tuition is a fee non-residents pay. The difference between them can be over 50%. For instance, in-state tuition at public universities averaged $11,260 per year in 2023, while out-of-state tuition averaged $29,150.

The rationale behind this distinction lies in state funding for public universities. Residents indirectly support these institutions through taxes. They, in turn, recognize this financial contribution, promoting accessibility for local students. Out-of-state tuition compensates for the lack of prior state tax support, ensuring fair funding for educational resources.

Residency Requirements to Qualify for In-State Tuition

Residency requirements for in-state tuition are different among states. However, they generally include physical presence, intent to remain, and length of residency. Most states mandate that students live in the state for at least 12 consecutive months before applying for in-state tuition. This period ensures that students and their families have established a genuine connection to the state.

For EB-5 visa holders, meeting these residency requirements involves a few strategic steps. First, you need to establish a physical presence in the state by securing housing and living there year-round. You can document this through lease agreements or property ownership.

Additionally, EB-5 holders must show intent to remain in the state. You can do this by obtaining a state driver’s license or filing state income tax returns. Note that maintaining consistent documentation is essential for proving residency.

EB-5 visa holders should keep thorough records of all actions that establish their presence and intent to stay. Utility bills, bank statements, and employment records can also support their residency claims. These documents collectively build a strong case for qualifying for in-state tuition rates.

The EB-5 Visa for In-State Tuition Eligibility

Concurrent filing of Form I-526E and Form I-485 offers significant advantages for EB-5 investors and their dependents, particularly regarding in-state tuition eligibility. This process allows eligible investors to file for their EB-5 visa and adjustment of status (AOS) simultaneously. As such, it enables you to legally live in the U.S. while USCIS processes your application.

The residency status can reclassify your dependents from “international” to “domestic” students. It makes your kids eligible for in-state tuition rates, which are lower than international student rates.

One of the major benefits of concurrent filing is that it eliminates the need for EB-5 investors’ children to obtain an F-1 student visa. The F-1 visa is mandatory for international students to study in the U.S. and comes with higher tuition fees and strict regulations. Concurrently filing Form I-526E and Form I-485 allows your dependents to live in the U.S. under the same adjustment of status. With this, they are able to bypass the need for an F-1 visa.

States and universities have different requirements for proving in-state residency. Generally speaking, in-state tuition rates are only available to EB-5 investors who fulfill specific requirements.

Eligibility criteria may include establishing residency for a specified period, typically one year.

Can Your Non-Immigrant Visa Qualify for In-State Tuition?

Non-immigrant visa holders, including those with F-1, E-2, and other temporary visas, generally face higher out-of-state tuition rates at U.S. public universities. However, there are specific circumstances under which non-immigrant visa holders might qualify for in-state tuition rates, through specific programs or policies. For example, some states grant in-state tuition to students who have attended and graduated from a local high school, regardless of their visa status.

A few states have passed tuition-friendly policies for immigrant families. California, New York, Texas, and Florida are examples of states that have these policies. Foreign nationals with non-immigrant status, particularly those holding I-129 or E-2 visas, may be able to register their student children for in-state tuition in these states.

Some states also have reciprocity agreements with neighboring states, allowing non-residents to pay in-state tuition rates. These agreements may sometimes extend to non-immigrant visa holders. However, this depends on whether they meet the requirements and can show long-term ties to the state.

Secure Quality Education for Your Kids With EB5AN

With the complexities involved in the EB-5 process, having experienced experts to guide you through it is quite important. This is where EB5AN comes in to ensure you and your eligible family achieve your specific goals.

With experience helping over 2,300 families from 60 countries relocate to the U.S., our expert team can inform you about how to ensure your kids can benefit from in-state tuition rates.

To learn more about the benefits of an EB-5 Green Card for foreign students, schedule a free consultation with our team now.