Washington state gives in-state tuition to H-1Bs and families

Washington state gives in-state tuition to H-1Bs and families


Date: Tuesday, June 23, 2009 2:30 AM


<<<<< JOB DESTRUCTION NEWSLETTER No. 2030 -- 6/23/2009 >>>>>

The State of Washington will soon be getting a lot more generous when it comes
to college educations -- but only for foreigners who are working in that state
on an H-1, E-3, or L visa. Thanks to a new bill passed by the state
legislature and signed by the governor, temporary nonimmigrants will soon be
able to attend Washington State colleges and universities at "in-state"
tuition rates. The benevolence doesn't just stop with the guest workers
however -- the families and spouses of the foreign visa holders can also
qualify for in-state tuition, instead of the much more expensive out-of-state
fees.

The visa holders or their family members can qualify after being in Washington
for only a year. In this strange but true state analysis, new residency
requirements are defined:

The definition of "resident student" for purposes of college and
university tuition is expanded to include persons who have lived
in Washington, primarily for purposes other than educational, for
at least one year and hold either a H-1, E-3, or L visa.

Of course there are other ways to get in-state tuition benefits, but if you
are a U.S. citizen from another state it's going to take three times as long
to get those bargain tuition rates, and unlike the temporary nonimmigrant visa
holders, proof of a desire for permanent residency in Washington is required.

any person who has completed his or her senior year in a Washington
high school, received a high school diploma or its equivalent,
continuously lived in Washington three years prior to receiving the
diploma and continued to live in Washington after receipt, and who
provides an affidavit indicating that he or she will file an
application to become a permanent resident;

In order to understand what this means in practical terms, let's take two
fictional examples of families who got jobs at Microsoft:

EXAMPLE 1: The Randolph family from Nevada moved to Seattle because Larry got
a job offer at Microsoft. The pay wasn't as good as he expected but after his
job at the casino IT department was outsourced to the Indian bodyshop Wipro,
he feels lucky to find another job. Larry and his wife have a son who just
graduated from high school and aspires to be a computer programmer, just like
his dad. In order to enroll their child at the University of Washington they
will pay $23,700 in tuition per year for the first three years of his
education at UW. Larry is very concerned about how he will afford to put his
daughter through school, who will graduate next year.

Larry hopes his wife can get a job as a nurse at the local hospital to help
meet expenses and to provide an education for their kids.


EXAMPLE 2: The Chopra family from Punjab, India moved to Seattle because
Deepak got a project management job at Microsoft. He was sponsored by
Microsoft for an L-1 visa. The pay wasn't as good as the couple were
expecting, but they know that in addition to the quality of life they will
gain from living in the United States (no open sewers for example) they will
receive many fringe benefits -- like in-state tuition for their kids.
Since Deepak is on an L-1 visa he is exempted from paying income tax, which
makes up for his less than stellar paycheck. Soon, his family who came here on
L-2 visas, will be able attend UW for $6,800 each. The combined tuition for
Deepak's two sons and daughter will be less than the single tuition the
Randolph's from Nevada will be required to pay for his son. Coming to the U.S.
is a very good deal for the Chopra family and for India because Americans paid
for the university system that they can now use to educate their family.

Deepak is hoping that the local hospital will sponsor his wife for an H-1B
visa so they can afford to send more money to their extended families in
India.


These two examples are hypothetical of course. Larry might not have to pay
those high tuition rates if Washington universities don't accept his kids.
That's because most universities limit how many students they will accept and
now his family will compete with families from foreign countries who get
subsidized tuition rates. As Rep. Bob Hasegawa, D-Seattle, explained:

"It's a diversion of limited resources. We only allow X amount of
slots for resident tuition rates and we are displacing those
residents with H-1B visa holders, their families and dependents.
Microsoft can well afford out-of-state tuition for its people."

Of course there is another side to the argument -- Washington is just doing
what it can to compete in the global economy:

Lydia Tamez, associate general counsel and director of global
migration at Microsoft, said it would allow Washington to attract
and keep talented foreign professionals and to compete with about
13 other states, including Oregon, that already offer tuition
breaks to foreign workers.




Some people derisively call the legislation the "Microsoft subsidy bill", but
that didn't stop the bill from sailing through the state legislature.
The bill passed the House (59-38) and Senate (33-13) and was signed by
Governor Christine Gregoire on 04/25/09.

The "Microsoft subsidy bill" goes into effect on July 1 this year. It was
fast-tracked into action by declaring a state emergency. The last section of
the bill contains the justification for the emergency but is very vague on why
there is such an urgent crisis. It almost sounds like a bunch of angry L-1s
and H-1Bs are threatening to start a riot over the tuition issue. Fortunately
for the entire state government, the few American voters left there probably
don't even know what happened, and even if they did would probably continue to
vote most of the incumbents back.

NEW SECTION. Sec. 2. This act is necessary for the immediate
preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions,
and takes effect 29 July 1, 2009.


DEEP THOUGHT: If you recall, the Dept. of Homeland Security fast-tracked the
OPT extension when Michael Chertoff declared the situation a national
emergency. Did somebody in the State of Washington get their idea from
Chertoff?


REFERENCES:

http://apps.leg.wa.gov/billinfo/summary.aspx?bill=1487&year=2009
Bill Information > HB 1487 and SB 5405 - 2009-10


http://apps.leg.wa.gov/documents/billdocs/2009-10/Pdf/Bills/House%20Passed%20Legislature/1487.PL.pdf
HOUSE BILL 1487


http://apps.leg.wa.gov/documents/billdocs/2009-10/Pdf/Bill%20Reports/House/1487%20HBA%20HE%2009.pdf
Bill Analysis of HB 1487 by House Higher Education Committee


http://www.governor.wa.gov/billaction/2009/default.asp
Governor Chris Gregoire -- House Bills


http://www.washington.edu/admin/pb/home/pdf/2008-09-tf-annual.pdf
UW tuition rates


http://www.jobdestruction.info/ShameH1B/VisaTypes.htm
Visa Types


http://www.tri-cityherald.com/1154/story/621797.html?story_link=email_msg
New Washington law gives college tuition break


http://seattletimes.nwsource.com/html/localnews/2009366983_tuition22m.html
Bill gives in-state tuition to foreign professionals, families in Washington
on visa


+++++++++++++++++++++++++++++++++++++++++++++++++++

http://www.tri-cityherald.com/1154/story/621797.html?story_link=email_msg

Monday, Jun. 22, 2009
Comments (0)
New Washington law gives college tuition break The Associated Press

OLYMPIA, Wash. A law that takes effect July 1 in Washington will extend in-
state college tuition rates to foreign professionals, their spouses and
children.

The Seattle Times reports that some lawmakers called it the "Microsoft subsidy
bill" because they say the software company and its workers could afford to
pay the higher tuition rates. It helps foreign professionals in the country on
temporary work visas, such as the H-1B.

The sponsor of the legislation, Rep. Ross Hunter, D-Medina, said employers in
his district east of Seattle sought the tuition break as a job recruiting
tool. The Times said Microsoft Corp. has thousands of workers who may qualify.

Lydia Tamez, associate general counsel and director of global migration at
Microsoft, said it would allow Washington to attract and keep talented foreign
professionals and to compete with about 13 other states, including Oregon,
that already offer tuition breaks to foreign workers.

Microsoft said spouses of the H-1B visa holders often cannot work legally in
the U.S., leaving the costs of college classes or pursuing a college degree to
be borne on a single income.

"These are people who are here lawfully, and are going to be here for a long
period of time," Tamez said. "It makes it affordable for workers who are your
neighbors, pay taxes, buy homes and whose kids hang around with your kids to
possibly earn a second degree at night."

Nonresidents pay about three times as much as in-state tuition.

An analysis concluded the University of Washington would lose about $430,000 a
year in the higher tuition rates and more as tuition increases, and Washington
State University would miss out on about $215,000.

Rep. Bob Hasegawa, D-Seattle, opposed the measure, calling it unfair to
resident students at a time when the state is making it more difficult for
everyone to afford to go to school in the state.

"It's a diversion of limited resources," Hasegawa said. "We only allow X
amount of slots for resident tuition rates and we are displacing those
residents with H-1B visa holders, their families and dependents. Microsoft can
well afford out-of-state tuition for its people."

He said some dependents of visa holders were already eligible for in-state
tuition under a measure passed six years ago to help children of illegal
immigrant children go to college after graduating from a Washington high
school.

That measure was written so broadly that children of visa holders were
unintended beneficiaries. State records show about one-quarter of those who
have gotten the tuition break since 2003 were visa holders.

The new law does not require a student to have graduated from a Washington
high school to qualify. It also reduces from three years to one year the time
a person must first live in the state to get in-state tuition.

+++++++++++++++++++++++++++++++++++++++++++++++++++

http://seattletimes.nwsource.com/html/localnews/2009366983_tuition22m.html

Bill gives in-state tuition to foreign professionals, families in Washington
on visa

Monday, June 22, 2009 - Page updated at 01:11 AM

State Rep. Ross Hunter said employers in his district sought the change.


Source: Seattle Times staff

By Lornet Turnbull

Seattle Times staff reporter

A little-noticed measure passed by the Legislature and signed into law by the
governor will extend in-state tuition rates at Washington state colleges and
universities to foreign professionals at companies such as Microsoft and
Amazon, as well as to their children and spouses.

Under House Bill 1487, which takes effect July 1, the foreign workers would
qualify for the same tuition rate as state residents if they have been in the
state at least a year on certain kinds of temporary work visas, such as the H-
1B.

The measure passed amid a roiling budget crisis and hundreds of millions of
dollars in cutbacks to higher education. It was nicknamed the "Microsoft
subsidy bill" by some lawmakers who say the software giant and its workers
surely could afford to pay the higher tuition rates.

Subject to lively legislative debate, the bill received little attention
outside the Capitol. An analysis put the immediate tuition revenue loss at the
University of Washington at about $430,000, with potential for bigger losses
in future years, and about $215,000 at Washington State University.

State Rep. Ross Hunter, D-Medina, the bill's sponsor, retired from Microsoft
in 2000 after 17 years. He said employers in his Eastside district sought the
provision as a tool for recruiting foreign talent.

"There are a bunch of people in my district who are in this situation,"
said Hunter, who is running for King County executive.

The bill passed the House 59-38 and the Senate 31-13.

Lydia Tamez, associate general counsel and director of global migration at
Microsoft, said it would allow Washington to attract and keep talented foreign
professionals and to compete with about 13 other states, including Oregon,
that already offer tuition breaks to foreign workers.

Microsoft has thousands of workers who may qualify.

The company said spouses of the visa holders often cannot work legally in the
U.S., leaving the costs of college classes or pursuing a college degree to be
borne on a single income.

"These are people who are here lawfully, and are going to be here for a long
period of time," Tamez said. "It makes it affordable for workers who are your
neighbors, pay taxes, buy homes and whose kids hang around with your kids to
possibly earn a second degree at night."

A state resident who is a full-time undergraduate at UW will pay $7,677 in
tuition and basic fees next year, compared with $24,352 for a full-time
nonresident student.

Rep. Bob Hasegawa, D-Seattle, opposed the measure, calling it unfair to
resident students at a time when the state is making it more difficult for
everyone to afford to go to school in the state.

"It's a diversion of limited resources," Hasegawa said. "We only allow X
amount of slots for resident tuition rates and we are displacing those
residents with H-1B visa holders, their families and dependents. Microsoft can
well afford out-of-state tuition for its people."

Furthermore, Hasegawa said, some dependents of visa holders already were
eligible to receive in-state tuition under a measure passed six years ago.

That bill, HB 1079, was meant to benefit illegal immigrant children who had
lived in the state at least three years before graduating from a Washington
high school.

But the measure was written so broadly that children of visa holders who also
had graduated from a state high school became unintended beneficiaries. State
records show about one-quarter of those who have gotten the tuition break
since 2003 were visa holders.

HB 1487 will benefit a much broader student population. It doesn't require
someone to have graduated from a Washington high school to qualify, and it
reduces from three years to one year the time a person must first live in the
state.

Certain types of visa holders already qualify for in-state tuition under state
law, including those here on fianci visas, consulate workers, foreign
journalists and those working for international organizations, such as the
United Nations.

"There have been concerns raised by visa workers regarding how expensive it is
if they wanted to start working toward an MBA... ," Tamez said. "We lose
workers every year because of the tuition issue."

Lornet Turnbull: 206-464-2420 or lturnbull@seattletimes.com

<<< side column >>>

Who is eligible

THE LAW extends in-state tuition to foreign professional workers and their
dependents who are in the U.S. on three types of work visas:

H-1B visas: For workers in any number of specialty occupations

L visas: For executive-level workers who transfer to the U.S. from a company's
overseas operation

E-3 visas: For workers from Australia in specialty occupations

Residency requirement: Visa holders must have lived in Washington for at least
a year -- primarily for noneducational purposes -- before enrolling in college
or university.

Other aspects of bill: The lower tuition also is available to workers with
these visas who have applied for green cards, as most do before their visas
expire.

<<< end side column >>>


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