2014-27: 2014 Revisions to Table of VISA Types (Table F)
Problem / Issue
- Existing table of VISA types (Table F) used for establishing residency is out of compliance with state and federal regulations. All changes approved by CCCCO (Elias Regalado). Other needed changes were identified by CCCApply Steering Committee.
- Per federal regulations AB8133 - two Visa types (“T” and “U”) are now eligible for benefits of AB540 (See CR# 2014-44).
Solution Specifications
1) Revise Table of VISA Types (Table F) as itemized below.
- Change [GB] and [GT] from yes to NO.
- Change [H1], [H1A], [H1C] from yes to NO.
- Add note on [H1A], [H1C]: (Note: This VISA type no longer exists. Per CCCCO, leave in list for historical reasons; eligibility = NO.)
- Change [H1B1] from yes to NO.
- Keep [H4] at YES – so it continues to triggers flag 51. Update [H4] description to read:
H-4 Spouse or child of H-1, H-2, H-3 (parent/spouse visa type determines whether holder may or may not establish residency). YES if parent or spouse has a H1A, H1B or H1C. Valid dates required for H4 only. Requires documentation. Yes, if parent or spouse has/had H1A or H1C. Valid dates for H4 only. - Visa type [O3] = YES. Update the description to read:
O3 =Yes – Spouse and/or child of O-1 only Type 0-2_is not eligible. Yes if parent or spouse has a O-1 only. Valid dates required for O-3 only. - Remove type [X] from the Table. Not a valid Visa type.
- Changed [Other] from yes to NO: Set Flag 51.
See revised Table of VISA Types (Table F).
2014-34: Revised AB540 Logic for New Eligible Visa Types
Problem/Issue:
- New legislature (AB1899 – Mitchell.) Two non-immigrant visas are now eligible for AB540, T and U per AB1899 – Mitchell. Section 54045.5 of Title 5 was amended to include T and U visas as eligible. Effective immediately.
Specification:
- Change the AB540 logic to include visa types that begin with “T” or “U” as eligible for AB540 benefits.
- Replace the existing logic in Step C to the following:
AND the “Visa Type is null” OR “Visa Type is T1, T2, T3, T4, T5, U1, U2, U3, U4, U5”.
- Replace the existing logic in Step C to the following:
Revised AB540 Algorithm
AB540 Waiver Algorithm (Revised 12-5-14)
After the Preliminary Residency Determination is set, the AB540 Eligibility Flag is set according to the following logic:
- The response to both of the following questions on the Education Page is “Yes”:
- “I have graduated from a California high school or have attained the equivalent thereof, such as a High School Equivalency Certificate, issued by the California State GED Office or a Certificate of Proficiency, resulting from the California High School Proficiency Examination.”
- “I have attended high school in California for three or more years.”
- AND the Preliminary Residency Determination is NOT “1 (Resident)”
- AND the “Visa Type is null” OR “Visa Type is T1, T2, T3, T4, T5, U1, U2, U3, U4, U5”.
- THEN the AB540 Eligibility flag is “Yes”; otherwise it is “No”.
See the OpenCCCApply Submission Calculations (v.71), page 21).
2014-10: Revise Residency Logic to Compare VISA Expiration Date to RDD
Problem:
- When asking the question “Is the student’s visa/alien registration active?”, the Area A residency logic is comparing the VISA expiration date to the current date (alien_reg_expire_date > current_date). This should be changed so the logic compares the Visa expiration date to the <RDD> Residency Determination Date (the day before the start of the Term).
Solution Specifications:
1) Change the logic in Area A (step 2) to compare a Visa Expiration Date to the Residency Determination Date, as shown below:
2 | Is the student’s visa/alien registration active? | alien_reg_no_expire = 1 OR alien_reg_expire_date > RDD | Go to step 3 | Class A0 |
**Note: The table above is an excerpt of the Area A residency step-by-step logic showing only Step 2 in that logic.
See OpenCCCApply Submission Calculations (v.71) for complete Area A residency logic.