Washington State
House of Representatives
Office of Program Research
BILL
ANALYSIS

Higher Education Committee

SB 6849


This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Regarding resident student classification.

Sponsors: Senators Oemig, Weinstein, Tom, Delvin, Shin, Kilmer, Schoesler and Kohl-Welles.

Brief Summary of Bill
  • Broadens the definition of "resident student" for purposes of qualification for in-state tuition rates.

Hearing Date: 2/21/08

Staff: Andi Smith (786-7304).

Background:

Resident Student
Current state law outlines various definitions of "resident student" that would qualify an individual to receive in-state tuition rates. Examples include: (1) an individual that has established a domicile in the state of Washington for one year immediately prior to the first day of class for which the student has registered; (2) a dependent student whose parents have a domicile in Washington for one year prior to the start of class; (3) a student who has spent at least 75 percent of both his or her junior and senior years in in-state high schools, whose parents maintained a domicile in Washington for at least one year in the five-year period preceding the student's enrollment, and who enrolled in college within six months of leaving high school; (4) any person who has completed the senior year, received a diploma or its equivalent, continuously lived in Washington three years prior to receiving the diploma, and who provides an affidavit indicating that he or she will file an application to become a permanent resident; and (5) a student who is on active military duty, their spouse or dependent.

Non-Immigrant Visas
There are many classifications of non-immigrant visas issued by the United States Department
of State. The H-1B is a temporary worker classification that applies a person in a specialty
occupation, which requires the theoretical and practical application of a body of specialized
knowledge requiring completion of a specific course of higher education or as a fashion
model. The classification also applies to temporary workers in some programs administered by
the Department of Defense. The E-3 classification applies to nationals of Australia who enter
the United States to work solely in specialty occupations requiring a Bachelors degree or
higher, as well as their spouses and children. The L classification applies to intracompany
transferees who, within the previous three years have been employed continuously for one
year and who will be employed by a branch, parent, affiliate, or subsidiary of that same
employer in a managerial, executive, or specialized knowledge capacity.

Summary of Bill:

The definition of "resident student" is expanded for the purposes of determining whether a student pays resident tuition rates at Washington institutions of higher education. An individual qualifies as a "resident student" if the person has lived in Washington for at least one year and holds either an H-1B, E-3, or L visa. The spouse or child of a person holding an H-1B, E-3, or L visa also qualifies as a resident student, if the person holds lawful nonimmigrant status.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.