International Education
Understanding the Requirements for Each State
Each of the 50 U.S. states and the District of Columbia has an individual entry with details for a sampling of public institutions in each state, including the flagship university, system or board.
Each state entry typically follows the same format, including these features:
- Type and Citation
- Requirements for Residency Classification
- Evidence of Domicile
- Exceptions to Requirements or Others Eligible for In-State Status
- Temporary Absence from the State
Note: For information about admission policies and procedures, as opposed to residency determination for tuition purposes, students should contact each institution's admission office. Residency issues relating to tuition and fees, financial aid or admission preference may differ and may be handled by separate campus offices.
1) Type and Citation refers to the way that each state sets policy about residency classification. In fact, states listed as "Individual" may not have statewide requirements at all - each public institution or higher education system sets its own policies. Most of the states are grouped as "Statutory" or "Regulatory" or a combination of these two, with a citation noting the specific law/statute or regulation which governs statewide requirements or authorizes a state body (such as a Board of Regents) to interpret and implement the law. This system derives from the extensive work of Professor Michael A. Olivas at the University of Houston's Institute for Higher Education Law and Governance, whose many articles on the subject of residency have informed the development of current and past editions of this Guide. The classification used here is based on updated information from the institutional contributors.
2) Requirements for Residency Classification give the basic rules and regulations for determining who is eligible. Categories usually include: minors and dependents, independent adults, married students and noncitizens. (Most states permit permanent resident aliens and refugees/parolees/asylees, and sometimes other distinct types of visa holders, to qualify under the normal requirements.) Residency for tuition purposes is normally based on the domicile of the student, the student's parent or the individual who provides the student's major financial support. Typical requirements for residency determination, singly or in combination, are a durational requirement and the intent to maintain domicile in the state for the foreseeable future. (Some states hesitate to use the term "domicile" but in effect "legal or permanent residence" means the same thing.)
The most common durational requirement of 12 months now applies to nearly all states and the District of Columbia. Institutions in two states have a 6-month durational requirement. Only one state, Tennessee, has no durational requirement at all. The durational residency is viewed as the minimum reasonable time period during which new residents can contribute to the state - through economic, civic, political or social actions - before enjoying the benefits of subsidized tuition (in-state fees) at a state institution.
3) Evidence of Domicile: In this section are listed factors that are usually evaluated in relation to the durational requirement: to judge domiciliary intent and determine residence classification. This information is provided as a guide; no state has an all-inclusive list that automatically confers resident status. Each situation is considered individually, with each factor given probative value.
Here institutions may also specify required documentation for students seeking reclassification from nonresident to resident, if allowed. (Institutions in most states permit applications for reclassification from enrolled students who can demonstrate sincere intent to establish domicile and remain in the state after completion of studies.) Virtually all of the states have an appeal process in place, at times offering up to three levels of appeal, for contested residency applications.
4) Exceptions to Requirements or Others Eligible for In-State Status: This section may carry a varying title, according to the preferred usage of the contributing institutions. There may be quite distinct categories of exceptions that have no impact on actual residency status. In fact, nonresident tuition waivers and eligibility for in-state status may be handled by two different offices at an institution. Most states list some kind of exceptional cases, the most common relating to nonresident active-duty military personnel stationed in the state. (See Tips for U.S. Military Families). Usually they involve a category of person who has some stake in the community but has not achieved domiciliary status (e.g., university faculty or staff, school teachers, alumni dependents, newly settled retirees, or high school graduates who left the state for a period of time) or persons who make a contribution which justifies consideration, such as nonresidents who are full-time employees in local businesses or taxpayers. Institutions in most states now participate in formalized reciprocal exchange programs - for domestic and foreign students - which may be recognized or encouraged in their legislatures as part of cost-efficiency or market-promotion efforts, in addition to educational objectives. See also Regional Tuition Waivers.
5) Temporary Absence from the State: This section may be helpful to persons who had established domicile and resided in a state but left the state for a prolonged but temporary period of time, due to employment, education, training or service (military, religious, volunteer, etc.). Typically one must show proof of previous residence in the state, maintenance of significant contacts to the state while absent (tax payment, voter registration, driver licensing, etc.) and intent to continue to make it one's permanent home. Frequently there is no absolute policy on temporary absence - each case is determined according to its specific circumstances.