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Residency Eligibility of U.S. Visa Categories
With Regard to NYS Resident Tuition
Non-immigrant Statuses Eligible for U.S. Residency
| Visa |
Description |
| 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 |
| H-1B |
Temporary worker in specialty occupation |
| H-1C |
Temporary worker performing essential nursing services |
| H-4 |
Spouse or children of alien classified as H-1B or H-1C |
| I |
Representatives of foreign information media and their spouse and children |
| K |
Fiancé(e) or Spouse of a U.S. citizen and dependent children |
| L |
Intra-company transferee (such as managers who have worked abroad for a branch of
a U.S. firm) and their spouse and children |
| N |
Parents and children of certain officers and employees of international organizations
who were in turn granted permanent residency as special immigrants
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| O |
Aliens who possess extraordinary ability in the sciences, arts, education, business
or athletics, motion pictures or television (Note: O-1 and O-3 visa holders are eligible,
and O-2 visa holders are not eligible). |
| R |
Religious workers and their spouse and children |
| S |
Crime witnesses and their spouse and children |
| T |
Victims of severe forms of human trafficking |
| U |
Victims of serious crimes |
| V |
Certain spouses and children of lawful permanent residents who have a relative petition
filed on their behalf before December 21, 2000 which has been pending for at least
three (3) years.
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A student who is in one of the above categories must provide proof of such status
by furnishing his/her I-94 Arrival/Departure record with either the notation Duration
of Status (D/S) or an expiration date not yet reached.
Non-immigrant Statuses Not Eligible for U.S. Residency
| Visa |
Description |
| B |
Temporary visitors for business or pleasure |
| C |
Visitors in transit |
| D |
Crewmen |
| E-3 |
Certain specialty occupation professionals from Australia |
| F |
Academic students |
| H-2 |
Temporary workers performing special services |
| H-3 |
Trainees |
| H-4 |
Families of H-2 and H-3 visa holders (Note: H-4 family of an H-1B or H-1C are eligible) |
| J |
Exchange visitor (student, scholar, professor) |
| M |
Vocational students |
| O |
Aliens who possess extraordinary ability in the sciences, arts, education, Business
or athletics, motion pictures or television (O-2 visa holders are the only O category
ineligible). |
| P |
Athletes, group entertainers, reciprocal exchange programs |
| Q |
Participant in international cultural exchange programs |
| TN |
Temporary workers under NAFTA Trade Agreement |
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