Non-Residents of Virginia Employed in Virginia
In-State Tuition for Applicants Living Outside Virginia and Employed in Virginia
An applicant who physically lives outside Virginia but works full-time in Virginia may be eligible for in-state tuition under Code of Virginia, Section 23.1-506A. The following conditions must be met:
- The applicant or parent upon whom the applicant is financially dependent lives outside Virginia. The applicant or parent physically commutes daily or weekly from a residence outside Virginia to a worksite in Virginia; and
- The applicant or parent upon whom the applicant is financially dependent has been employed full-time in Virginia for at least one year immediately prior to the date of alleged entitlement for which reduced tuition is sought; and
- The applicant or parent upon whom the applicant is financially dependent has paid Virginia income taxes on all taxable income earned Virginia for the tax year prior to the date of alleged entitlement.
An applicant may claim eligibility for in-state tuition under this section only through financial dependency on a parent. A nonresident dependent spouse is not eligible for in-state tuition under this section.
Virginia has tax reciprocity agreements with select jurisdictions. Where tax reciprocity is operative, an individual's income taxes earned in Virginia are returned to their home state. If the applicant’s state of residence has entered into an agreement with Virginia, the applicant is not eligible under this section. Jurisdictions having tax reciprocity agreements with Virginia are District of Columbia, Kentucky, Maryland, Pennsylvania, and West Virginia.
An applicant claiming entitlement under this section is expected to complete an Application for Virginia In-State Educational Privileges or Application for Virginia Student Status. Additionally, the applicant is expected to provide the following two forms of documentation: an employment verification letter from the Virginia employer. The letter should state the name and address of the employer, the nature, duration, salary and physical location of the employment, and the most recent non-resident Virginia tax return. Please note that all Social Security numbers must be deleted before submitting this documentation.
A student granted in-state tuition under this section will continue to be eligible for in-state tuition if they or their qualifying parent are continue to: be employed full-time in Virginia, pay Virginia income taxes on all taxable income earned in Virginia, and claim the student as a dependent for Virginia and federal income tax purposes. The student is expected to provide the Office of Virginia Status current information concerning classification under this section.