International Student Pit Falls 101: Tuition Rates

 As an international student in Colorado it is very important to make sure that you are in the correct tuition rate at your school. Most schools have two primary tuition rates: Resident and Non-Resident. By Colorado law people holding certain visa types do not qualify for the resident tuition.

The way the law is built is that it focuses on just the status of the student and outside people do not impact it. People on these visas are considered just visitors and are expected to return home once they have completed their degree and any allowed work time (like PTO).

The thing with this is you will find conflicting information even on the Colorado Department of Higher Education's website.

This is just a FAQ and does not represent the actual law which is nearly impossible. Some schools have been using the second picture above as a reason to give international students the resident rate based off of their parents status. The actual rules (in picture 1) says nothing about allowing this. Also if the J1 visa is not included in the one-year period, then this restriction would then also apply to the J2 that is dependent on it and there is also no clause that talks about why the J1 is in the country and makes it appear that this rule applies to all J1 no matter if they are a student/trainee or worker. So in a way the FAQ is also stricter than the actual law as posted. If your school is not charging you the non-resident rate and you are on any of the visas in picture 1 you will need to have them correct your tuition or later down the road it could impact you not only financially (when you have to pay the difference), but it could impact your overall status since you would not be following Colorado State Law. This is another example of how many things surrounding international students are not clear and create loop holes that can be abused. When in doubt always be careful and follow the strictest possible rules. This will make sure that you stay in compliance no matter who looks at your account and makes sure that any possible future status changes will not be impacted.

Another interesting thing to take into account is also the federal tax laws.

Based on the above the federal government sees people on F and J visas for example as only being temporarily in the US and based on this could not be considered a resident. This directly conflicts with the state law that would give exemptions to J2 visa holders if their parent is not a student or trainee. This would mean that even those J2 visa holders would have to pay the non-resident rate based on how federal law views their visa.

Picture 1 from: https://cdhe.colorado.gov/immigrant-or-resident-alien

Picture 2 from: https://cdhe.colorado.gov/frequently-asked-questions

Picture 3 from: https://www.irs.gov/taxtopics/tc851

Additional Resources

"U.S. Customs and Border Production: What is the difference between an Immigrant Visa vs. Nonimmigrant Visa?"- https://help.cbp.gov/s/article/Article-72?language=en_US

"Temporary U.S. Visas, Explained"- This article is good because it explains why certain visas are temporary and why people on these visas can not be considered residents. https://www.boundless.com/immigration-resources/temporary-u-s-visas-explained/