Janice Lozano
The California Nonresident Tuition Exemption, commonly known as AB 540, allows certain students to be exempt from paying nonresident tuition and/or apply for state aid at California public and private colleges. To be eligible, students must meet a combination of California time and enrollment requirements, as well as degree or unit attainment. This includes students with three or more years of full-time attendance at a California high school, adult school, or community college. Undocumented students who meet the requirements are also eligible for financial aid through the California DREAM Act application. However, individuals with international student visas, visitor visas, or other non-immigrant statuses are not eligible for AB 540.
| Characteristics | Values |
|---|---|
| Purpose | Exempt certain students from paying non-resident tuition and allow them to apply for state aid at certain California public and private colleges |
| Student status | Non-resident |
| Student type | Undocumented students, DACA students, T and U visa holders, U.S. citizens, lawfully present immigrants |
| Student category | Non-immigrants who are victims of trafficking, domestic violence, and other serious crimes |
| Ineligibility | Individuals with international student visas, visitor visas, or other “non-immigrant” statuses |
| Requirements | Combination of California time and enrollment requirements, degree or unit attainment, three years of California high school coursework, three years of total attendance at a California elementary or secondary school |
| Additional requirements | Signed California Nonresident Exemption Request, Statement of Legal Residence, official California school transcripts, proof of high school graduation |
| Classification | Students will be considered non-resident students, not CA residents |
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What You'll Learn
- International students with non-immigrant visas are not eligible for AB 540
- AB 540 exempts students from paying non-resident tuition and/or allows them to apply for state aid
- Students must meet California time and enrollment requirements
- Undocumented students who meet AB 540 requirements can apply for financial aid through the California DREAM Act
- Students must submit an affidavit to legalize their immigration status
International students with non-immigrant visas are not eligible for AB 540
California's AB 540 law, or California Nonresident Tuition Exemption, allows certain students to be exempt from paying nonresident tuition and fees. This means that students who are classified as nonresidents of California may be eligible for in-state tuition and fees, and not the supplemental tuition charged to nonresidents.
To be eligible for this exemption, students must meet a combination of California time and enrollment requirements, as well as degree or unit attainment. This includes having attended a California high school for three or more years, obtaining a GED, HiSET, or TASC in California, or attaining an associate degree from a California Community College.
Undocumented individuals, T and U visa holders, U.S. citizens, and lawfully present immigrants who meet the eligibility criteria can apply. However, international students with non-immigrant visas are not eligible for AB 540. This includes students with F (student) visas, B (visitor) visas, and other non-immigrant statuses.
It is important to note that while AB 540 provides an exemption from nonresident tuition, students who are granted this exemption will still be considered nonresident students and will not be classified as California residents.
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AB 540 exempts students from paying non-resident tuition and/or allows them to apply for state aid
In California, AB 540 exempts certain nonresident students from paying nonresident supplemental tuition, allowing them to pay in-state tuition fees instead. This applies to certain California public and private colleges, including the University of California (UC) and California State University (CSU) campuses.
To be eligible for the AB 540 nonresident tuition exemption, students must meet a combination of California time and enrollment requirements, as well as degree or unit attainment. This includes attending a California high school, adult school, or community college (CCC) for a certain period, usually three years. Students must also meet minimum transfer requirements to UC or CSU.
Undocumented students who meet the AB540 requirements may apply for financial aid through the California DREAM Act application. Additionally, AB 1899 allows U and T visa holders to apply for state financial aid. However, individuals with international student visas, visitor visas, or other "non-immigrant" statuses are not eligible for AB 540.
It is important to note that while AB 540 exempts students from paying non-resident tuition, they will still be considered nonresident students and will not be classified as California residents. The exemption only waives the additional tuition fees charged to nonresidents.
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Students must meet California time and enrollment requirements
To be eligible for in-state tuition under California's AB 540, students must meet specific time and enrollment requirements. This law allows certain nonresident students to be exempt from paying nonresident supplemental tuition, which is higher than resident tuition.
To qualify, students must meet the following time and enrollment criteria:
- Three years of full-time attendance at a California high school: This requirement can be fulfilled by attending a California high school for at least three years, which do not need to be consecutive. For example, a student may attend 9th and 10th grade in California, go out of state for 11th grade, and return to California for 12th grade.
- Three years of total attendance at a California elementary or secondary school: Students must have attended a combination of elementary, middle, and/or high school in California for a total of three years or more.
- Graduation from a California high school or its equivalent: Students must have graduated from a California high school or attained the equivalent of a high school diploma, such as a High School Equivalency Certificate issued by the California State GED Office.
- Completion of an associate degree or satisfaction of minimum transfer requirements to a University of California (UC) or California State University (CSU) campus: Students can meet this requirement by obtaining an associate degree from a California Community College or fulfilling the minimum transfer requirements to transfer to a UC or CSU campus.
It is important to note that individuals with international student visas, visitor visas, or other "non-immigrant" statuses are not eligible for AB 540. This exemption is applicable to undocumented individuals, T and U visa holders, U.S. citizens, and lawfully present immigrants who meet the specified time and enrollment criteria.
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Undocumented students who meet AB 540 requirements can apply for financial aid through the California DREAM Act
The California Dream Act allows undocumented students who meet the requirements for an AB 540 nonresident tuition exemption to apply for state financial aid. This includes state and UC aid, as well as private scholarships. Undocumented students are not eligible for federal aid, but they can borrow student loans through the DREAM Loan Program.
To be eligible for an AB 540 nonresident tuition exemption, students must meet the following requirements:
- Three years of California high school credits
- Three years of total attendance at a California elementary school, California secondary school, or a combination of both
- Fulfillment of minimum transfer requirements from a California community college to a UC or CSU campus
- Signed California Nonresident Exemption Request, which states that the student meets all the requirements to qualify for AB 540 status
It is important to note that individuals with international student visas, visitor visas, or other “non-immigrant” statuses are not eligible for AB 540.
If students meet the requirements for AB 540, they should submit the AB-540 eForm in eServices to be considered for financial aid. They will also need to submit the California Dream Act Application (CADAA) each academic year to be considered for financial aid programs. The CADAA is an application for state financial aid, similar to the Free Application for Federal Student Aid (FAFSA). Students should only complete one of these applications, not both.
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Students must submit an affidavit to legalize their immigration status
The California Nonresident Tuition Exemption, commonly known as AB 540, allows eligible students to be exempt from paying non-resident tuition fees and/or apply for and receive state aid at certain California public and private colleges. This includes the University of California (UC) and California State University (CSU) campuses.
To be eligible for the AB 540 non-resident tuition exemption, students must meet the following requirements:
- They must have attended a California high school, attained an associate degree from a California Community College, or fulfilled the minimum transfer requirements to transfer from a California Community College to a UC or CSU.
- They must have completed three or more years of full-time attendance at a combination of elementary, middle, and/or high school in California, totalling at least three years.
- They must submit an affidavit stating that they will legalize their immigration status as soon as they are eligible. This is done through the Admissions and Records Office at their college.
- They must not hold a valid non-immigrant visa, except for those granted Temporary Protected Status (TPS) or holding a U Visa.
It is important to note that individuals with international student visas, visitor visas, or other "non-immigrant" statuses are not eligible for AB 540.
The affidavit that students must submit is a legally binding contract known as Form I-864, Affidavit of Support under Section 213A of the Immigration and Nationality Act (INA). By signing this affidavit, the student is agreeing to legalize their immigration status and is making a commitment to use their financial resources to support themselves during their stay in the United States. The sponsor's financial responsibility typically lasts until the student either becomes a U.S. citizen or completes 40 qualifying quarters of work (usually equivalent to 10 years).
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Frequently asked questions
AB 540 is a California law that exempts certain students from paying non-resident tuition.
Students who meet a combination of California time and enrollment requirements, as well as degree or unit attainment. This includes undocumented students, T and U visa holders, and U.S. citizens.
Students who are granted AB 540 exemption will be charged in-state tuition and fees and may be eligible for financial aid through the California DREAM Act.
You need to submit an AB 540 affidavit stating that you will legalize your immigration status as soon as you are eligible. You also need to meet the California time and enrollment requirements.
International students with non-immigrant visas are not eligible for AB 540. However, students with T or U visa status, such as victims of trafficking and domestic violence, may be eligible.
