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Residency Status for Tuition Classification Purposes — Deferred Action for Childhood Arrivals

Massachusetts Dept. of Higher Education
This memorandum states that under the existing Massachusetts Board of Higher Education policy, 
"an Employment Authorization Document (EAD) – also known as a “work permit” – is considered evidence that an individual is a “lawful immigrant” for purposes of the BHE’s in-state tuition policy. The USCIS’ August 14, 2012 notice makes it clear that individuals who qualify for and are granted DACA status will be eligible to obtain an EAD. Indeed, the filing of a Form I-765, Application for Employment, is a mandatory step in the DACA application process. Under current BHE policy, a valid EAD is considered evidence that a student is a “lawful immigrant” for in-state tuition purposes. Campuses should therefore continue to accept an EAD as verification that the applicant is a “lawful immigrant” for purposes of the BHE Tuition Classification Policy, irrespective of whether the EAD is secured through the DACA process or through another federally recognized process."
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