A3990 —

A3990 1R FISCAL ESTIMATE   LEGISLATIVE FISCAL ESTIMATE [First Reprint] ASSEMBLY, No.

3990 STATE OF NEW JERSEY 218th LEGISLATURE   DATED:INTRODUCED MAY 17, 2018     Sponsored by:

JANUARYAssemblyman  14,RAJ  MUKHERJI  District SUMMARY33  (Hudson) Synopsis:Assemblyman  DANIEL R.

AllowsBENSON dependentDistrict students14 whose(Mercer parentsand orMiddlesex) guardiansAssemblyman  holdROBERT H-1BJ. visas to qualify for in-State tuition at public institutions of higher education provided they meet certain criteria.  Type of Impact:

AnnualKARABINCHAK revenueDistrict impact18 on(Middlesex) public  institutionsCo-Sponsored ofby: higher education.

AgenciesAssemblywomen Affected:Pinkin, Sumter, McKnight, Assemblyman Conaway, Assemblywoman Speight and Assemblyman Johnson         SYNOPSIS      Allows dependent students whose parents or guardians hold H-1B visas to qualify for in-State tuition at public institutions of higher education provided they meet certain criteria.

Public institutions of higher education.     CURRENT OfficeVERSION ofOF LegislativeTEXT Services     EstimateAs Fiscalreported Impactby Yearthe 1 Assembly Year 2  Year 3    Public Institutions of Higher Education RevenueCommittee Impact                              Indeterminate         ·         The Office of Legislative Services (OLS) estimates that this bill will have an indeterminate revenue impact on publicDecember institutions5, of2019, higherwith educationamendments. in the State.  There is insufficient information to determine the bill’s fiscal impact, primarily because the number of students who would meet the requirements under the bill cannot be ascertained.  The OLS notes, however, that dependent students of parents or guardians who hold an H-1B visa are primarily holders of H-4 visas.  ·         The bill would affect the tuition revenues of public institutions only to the extent that the dependent students of H-1B visa holders are not currently charged the in-State tuition rate.

·           HigherAn educationAct tuitionconcerning revenues are not included as part of the annual appropriations act.  Any changes in tuition revenuerates wouldfor onlycertain affectstudents theand publicsupplementing institutionsP.L.2013, ofc.170 higher(C.18A:62-4.4). education.

BILL DESCRIPTION             ThisBe billIt wouldEnacted permitby athe student,Senate includingand aGeneral studentAssembly withoutof lawful immigration status, to pay in-State tuition at the State’sState public institutions of higherNew educationJersey: if the student meets the following criteria:

       (1)      attended1.    highNotwithstanding schoolany inprovision thisof Statesection for1 threeof P.L.2013, c.170 (C.18A:62-4.4) or moreany years;other section of law to the contrary, a dependent student whose parent or guardian holds an 1[H1] H-1B1 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 (2) section graduated1 from a high school in this State or received the equivalent of aP.L.2013, highc.170 school(C.18A:62-4.4). diploma in this State;

       (3)      registers2.    asThis anact enteringshall studenttake oreffect isimmediately. 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 his immigration status or will file an application as soon as he is eligible to do so.

      The law specifically states, however, that students who are nonimmigrant aliens within the meaning of the Immigration and Nationality Act, are not permitted to pay in-State tuition under the provisions of the law.  Among those who fall under this nonimmigrant alien category are persons holding an H-1B visa.  The bill provides that if the criteria mentioned earlier are met, a dependent student whose parent or guardian holds an H-1B visa will be eligible for in-State tuition at public institutions of higher education.        According to the United States Citizenship and Immigration Services, the H-1B visa category applies to people who wish to perform services in a specialty occupation requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor.

  FISCAL ANALYSIS   EXECUTIVE BRANCH         None received.

  OFFICE OF LEGISLATIVE SERVICES         The OLS estimates that this bill will have an indeterminate, annual impact on the revenues of public institutions of higher education in the State.  While the immediate effect of the bill would likely be a tuition revenue decrease at the public institutions of higher education, longer-term tuition revenues may increase or decrease to the extent that students, who may not have otherwise attended a public institution of higher education, would enroll in the institutions because of the lower tuition price created by the bill.  There is insufficient information to determine the bill’s fiscal impact, primarily due to the fact that the number of students who would currently meet the requirements under the bill cannot be ascertained.        The OLS notes that dependent students of parents or guardians who hold an H-1B visa are primarily holders of H-4 visas.  The H-4 visa is a temporary, nonimmigrant visa category for the spouses and unmarried dependent children (under 21 years of age) of H-1B visa holders.        The OLS further determines that a requirement to charge dependent students of H-1B visa holders the in-State tuition rate, as prescribed under the bill, as opposed to the out-of-State rate would affect the revenues of public institutions of higher education only to the extent that the students are not currently charged the in-State tuition rate.  Certain public institutions of higher education currently do not make inquiries regarding a student’s immigration status and, in addition to information to ensure other eligibility requirements are fulfilled, only require documentation to determine that a student is domiciled in the State for the purposes of determining eligibility for in-State tuition.  Thus, tuition revenues would be impacted only at those public institutions that are currently charging the out-of-State rate to State resident students whose parent or guardian holds an H-1B visa.        Lastly, the OLS notes that higher education tuition revenues are not included as part of the annual appropriations act.  Thus, any changes in tuition revenue would only affect the public institutions of higher education and would have no impact on State revenues or expenditures.      Section:

Education Analyst:

Christopher Myles Assistant Fiscal Analyst Approved:

Frank W.

Haines III Legislative Budget and Finance Officer     This legislative fiscal estimate has been produced by the Office of Legislative Services due to the failure of the Executive Branch to respond to our request for a fiscal note.

  This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).