Sponsored by:
Assemblywoman SADAF F. JAFFER
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
Assemblywoman MILA M. JASEY
District 27 (Essex and Morris)
Assemblyman STERLEY S. STANLEY
District 18 (Middlesex)
SYNOPSIS
Allows certain students holding TN visa or TD visa to qualify for in-State tuition rate and State student financial aid.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning tuition rates and eligibility for student financial aid, amending P.L.2019, c.411, and supplementing chapter 71B of Title 18A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2019, c.411 (C.18A:62-4.6) is amended to read as follows:
1. Notwithstanding any provision of section 1 of P.L.2013, c.170 (C.18A:62-4.4) or any other section of law to the contrary, a student who holds a T or U visa or holds a TN visa, or has otherwise established eligibility for TN nonimmigrant status, under section 214 (e) of the “Immigration and Nationality Act” (8 U.S.C. s.1184(e)) or a dependent student who holds a TD visa, or has otherwise established eligibility for TD nonimmigrant status, under section 214 (e) of the “Immigration and Nationality Act” (8 U.S.C. s.1184(e)) or whose parent or guardian holds an H-1B, O-1 or O-2 visa shall be exempt from paying out-of-State tuition at a public institution of higher education provided the student meets the conditions set forth in paragraphs (1) through (4) of subsection a. of section 1 of P.L.2013, c.170 (C.18A:62-4.4).
(cf: P.L.2021, c.341, s.1)
2. (New section) Notwithstanding the provisions of any other law, rule, or regulation to the contrary, a student who holds a TN visa or a TD visa, or who has otherwise established eligibility for TN nonimmigrant status or TD nonimmigrant status, under section 214 (e) of the “Immigration and Nationality Act” (8 U.S.C. s.1184(e)) shall be eligible to participate in any student financial aid, grant, or scholarship program under chapter 71B of Title 18A of the New Jersey Statutes, provided the student meets the conditions set forth in paragraphs (1) through (4) of subsection a. of section 1 of P.L.2013, c.170 (C.18A:62-4.4).
3. This act shall take effect immediately and shall first apply to the first full academic year following the date of enactment.
STATEMENT
This bill expands eligibility
for in-State tuition rates at public institutions of higher education and State
student financial aid to individuals holding TN visas and TD visas.
The federal North American Free Trade Agreement (NAFTA) and the subsequent United States-Mexico-Canada Agreement (USMCA) create special economic and trade relationships for the United States, Canada, and Mexico. NAFTA established, and the USMCA continued, the TN and TD nonimmigrant classifications. The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level. Meanwhile, an accompanying or “following to join” spouse or child under the age of 21 may be eligible for TD nonimmigrant status. These nonimmigrant classifications are codified in federal law under the federal “Immigration and Nationality Act.”
Under current State law at N.J.S.A.18A:62-4.4, a student, including a student without lawful immigration status, is permitted to pay in-State tuition at the State’s public institutions of higher education if the student meets the following criteria:
(1) attended high school in this State for three or more years;
(2) graduated from a high school in this State or received the equivalent of a high school diploma in this State;
(3) registers as an entering student or is currently enrolled in a public institution of higher education not earlier than the fall semester of the 2013-2014 academic year; and
(4) in the case of a person without lawful immigration status, files an affidavit with the institution of higher education stating that the student has filed an application to legalize the student’s immigration status or will file an application as soon as the student is eligible to do so.
This provision of law also provides, however, that students who are nonimmigrant aliens under the federal “Immigration and Nationality Act,” are not permitted to pay in-State tuition. A separate provision of State law at N.J.S.A.18A:62-4.6 permits a student holding a T or U visa, or a dependent student whose parent or guardian holds an H1-B, O-1 or O-2 visa, to be eligible for in-State tuition at public institutions of higher education, provided that they meet the other criteria for in-State tuition established under N.J.S.A.18A:62-4.4.
This bill provides that if the criteria provided under N.J.S.A.18A:62-4.4 are met, a student who holds a TN visa or a dependent student who holds a TD visa will be eligible for in-State tuition at public institutions of higher education. The bill also provides that if the criteria provided in current law are met, a student who holds a TN visa or a TD visa is eligible to participate in any State student financial aid, grant, or scholarship program.