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In-state tuition in Texas, by visa

Whether a family on a work visa can ever pay the resident rate in Texas — the governing rule, the H-4 and F-1 answers, the waiting clock, and any high-school-attendance path. The residency officer is always the final authority; this page gets you to the right one with the right citation.

H-4 child of a domiciled H-1B parent Yes — by published rule

Domicile-based post-SB 1528: an 'Eligible Nonimmigrant' holds a visa permitting domicile — operational chart: A, E, G, H-1B, H-4, I, K, L, N, NATO, O-1, O-3, R, T, TPS, U, V (plus I-485-filed, refugees, asylees). F-1/F-2, J, TN/TD, B, C, D, H-2/3, M, P, Q cannot domicile.

F-1 student: only through the high-school path belowWait: 12 months

Who decides

Statewide: TEC §54.052/§54.053 + THECB 19 TAC ch.21 subch. B (Oct 2025 amendments); registrars apply the Core Residency Questions.

The high-school path

TEC §54.052(a)(3)/§54.053 (SB 1528, 2005), as limited Jun 2025 — TX HS graduation + 36 months residence pre-graduation + 12 months pre-census. US v. Texas consent judgment (4 Jun 2025) + THECB Oct 2025 rules now require lawful presence — path survives for lawfully present nonimmigrants (H-4, F-1) and is closed to undocumented students. The F-1-via-HS-path inference needs THECB confirmation.

Covers visa-holder kids: yes.

Where this comes from

Tex. Educ. Code §54.052; 19 TAC §21.22/§21.24.

Re-verification note: TN cannot domicile in TX — surface for the TN persona.

primary source verified 2026-08-19 · verified-secondary

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