The Spring 2023 semester in a post-Prop. 308 Arizona: who qualifies?

After a very narrow victory in the 2022 General Elections, Arizonan constituents voted to expand in-state tuition eligibility to anyone attending any of the three public universities (NAU, ASU, or UA) or community colleges in Arizona regardless of immigration status. 

The adoption of Prop. 308 has been a major victory for student activists and groups such as Aliento AZ, one of the many Arizona organizations who led the charge to have the legislative measure passed in this years-long effort. Most importantly, it represents a crucial stride for DACA recipients (otherwise known as Dreamers), whose median income nationwide was around $26,000 in 2022 according to FWD.us, as this law project aims to make higher education more accessible to individuals who could not otherwise access many resources provided by the state and federal governments, the most significant likely being the Free Application for Federal Student Aid, or FAFSA. 

However, just as the spring semester begins, many students find themselves wondering whether this new policy would benefit them. As such, we decided to publish this article in hopes of clearing up some questions. It should be noted that each individual case is different, therefore it is still highly important to consult with each school’s administration to know if the provisions stated in Prop. 308 apply to them.

The first two requirements are simple: one, the student must have attended a public or private high school (or homeschool equivalent) while present in Arizona for at least two years. Two, the student must have also obtained a high school diploma or an equivalent (for example, a GED) in the state of Arizona.

The remaining requirements are where the confusion occurs. In order to qualify for in-state tuition, the student may not hold any nonimmigrant status, including:

• H1B, H2B or any type of employment or work training visa. This also includes visas for dependents, children, and spouses, such as the H4.
• F1 student visa. This also includes visas for dependents of such, for example the F2 visa.
• J-type (or exchange visitor) visa.
• U or T visa – visas meant for victims of crime and human trafficking.
• B-2 or any tourist, visitor, or transit visa.
• Type V visa; nonimmigrant children or spouses of permanent residents (“green card” holders)

For a complete list on nonimmigrant visas, please consult travel.state.gov