I think you are referring to resident versus non-resident tuition. If so, certainly non-immigrant visas have the capability of establishing residency, while others do not. Holders of H-1B have the capacity (and I believe beneficiaries); however, F-1 visa holders do not since the must retain an unrelinquished foreign residency and, therefore, can never establish residency. Residency requirement can be found in various California statutes and codes.