Championing Equity:
Systemwide AB 540 FAQ
Date Issued: May 2023
Table of Contents
Introducon 3
Overview 4
Eligibility 5
Immigraon Status 5
Nonimmigrant Visas 6
“Out of Status” or “Not Acve” Visas 6
Aendance Requirements at CA Schools 7
Noncredit Courses 8
Adult School Courses 9
When and Where Students Can Take Their Classes 10
Dual & Concurrent Enrollment 10
Diploma, Degree, and Transfer Requirements 11
CaliforniaResidencyforTuionPurposes 12
DACA, TPS, and U Visa 13
Process:MeengEligibilityRequirements 13
Adavit/Applicaon Process 13
Proof of Aendance 14
Proof of Degree Requirements 14
Timing and Process of AB 540 Approval 15
AB540&FinancialAid 16
Acknowledgments 18
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Introduction
AB 540, California’s landmark legislaon regarding in-state tuion has been in place since 2001, establishing
Educaon Code Secon 68130.5. Since then, AB 540 has been expanded three mes to meet the needs of
today’s student populaon. These expansions include AB 2000 (2014), SB 68 (2017), and most recently SB
1141 (2022). WithinthisFAQ,theterm“AB540”willbeusedtorefercollectivelytoalloftheexpansionsof
theEducationalCode.
AB 540 allows eligible students, including undocumented individuals, to be exempted from nonresident
tuion and access state-based nancial aid. Yet thousands of eager students who want to pursue higher
educaon have been unable to achieve their academic and career goals. This has been caused by confusion
over the requirements, lack of accurate informaon, and uneven implementaon of in-state tuion at
California colleges and universies.
At the AB 540 20-Year Anniversary: Celebraon & Call to Acon in October of 2021, we celebrated our
collecve successes, highlighted promising pracces, and provided clear steps to expand equitable access to
higher educaon for undocumented students in California. Among the important outcomes of the conference
was the formaon of the AB 540 Intersegmental Workgroup (ISWG) to resolve Key Discrepancies in the
Implementaon of AB 540/SB 68.
This systemwide AB 540 FAQ is the result of that intersegmental workgroup. It was co-created by leaders
from Immigrants Rising, the CCC Chancellor’s Oce, the CSU Chancellor’s Oce, and the UC Oce of the
President. Addionally, the Intersegmental Workgroup included undocumented students, resource center
coordinators, UndocuLiaisons
1
, residency and nancial aid personnel, and subject maer experts
2
. The AB 540
FAQ was subsequently reviewed and approved by the legal counsels of the CCC, CSU, and UC systems and
will be updated on a regular basis to ensure consistency with legislave and system direcves.
The goal of the systemwide AB 540 FAQ is to increase alignment in the implementaon of AB 540 and
streamline the processing between the CCCs, CSUs, and UCs, as well as at individual campuses. While the
FAQ is not legal advice, it was created to be a central reference point for praconers at secondary and
post-secondary levels to eecvely and equitably implement this important policy. We also hope that it
more eecvely guides personnel at high schools, adult schools, non-credit programs, and college access
community-based organizaons that serve incoming students to the CCC, CSU, and UC systems.
These eorts are an essenal step in ensuring that all eligible students who are college ready can adequately
and accurately prepare to pursue their educaonal goals in California, regardless of their immigraon status.
Disclaimer: This document does not and is not intended to provide legal advice. You should not rely exclusively
on this document for informaon about your instuon’s policies and pracces. Check with the CCC Chancellor’s
Oce, CSU Chancellor’s Oce, or UC Oce of the President for any updates/changes.
1 UndocuLiaisons are located on California community college campuses to provide answers and support for undocumented
students of all naonalies and backgrounds.
2 Roster of the Intersegmental AB 540 Workgroup
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Overview
1.WhatisAssemblyBill540(orAB540)?
AB 540 is a California law passed in 2001 which created Educaon Code Secon 68130.5. This was later
modied in 2014 with the passage of AB 2000 (Gomez); in 2017 with the passage of SB 68 (Lara); and most
recently in 2022 with the passage of SB 1141 (Limon). It allows certain eligible students, including those
who are undocumented, to pay in-state tuion fees at a California Community College (CCC), California
State University (CSU), and University of California (UC). This law does not apply to private universies.
AB 540 benets students who are aending a CCC, CSU, or UC. Students can take classes to pursue an
undergraduate or graduate degree, credenal, or cercate, but are not required to complete a program or
degree to be eligible. For more informaon about the legislaon, please refer to Educaon Code Secon
68130.5.
2.HasAB540beenexpandedsince2001?
Yes. AB 540 has been expanded three mes since its original passage in 2001, which only considered
aendance and graduaon from a California high school.
A. In 2014, AB 2000 expanded AB 540 (Ed Code 68130.5) to students who graduated early from a
California High School with the equivalent of three or more years of credits.
i. CCC and CSU Policy: If a student graduated early, they must have aended California elementary
or secondary schools for a cumulave total of three or more years.
ii. UC Policy: Students are only required to have graduated early with three or more years of credits.
B. In 2017, SB 68 expanded AB 540 (Ed Code 68130.5) a second me. SB 68 kept the elements of AB
540 and AB 2000, while also increasing the scope of student eligibility to include students who are
aending and completed a course of study at California adult schools or credit and noncredit courses at
California Community College.
C. In 2022, SB 1141 further expanded AB 540 (Ed Code 68130.5) by removing the two-year cap on credit
courses at California Community Colleges.
3.DoesastudenthavetoapplyforAB540,AB2000,SB68,orSB1141separately?
No. Students only apply for AB 540 because each of these bills was incorporated into Ed Code Secon
68130.5, expanding AB 540 eligibility. ForpurposesofthisFAQ,wewillONLYrefertoAB540,which
includesalloftheexpandedeligibilityrequirements allowing recipients to pay in-state tuion.
4.WhatarethebenefitsofAB540?
Eligible students will receive the following benets:
A. Are exempted from paying out-of-state tuion. This is important because the cost of out-of-state
tuion & fees is oen three mes as expensive as in-state tuion.
B. Can apply for and receive applicaon fee waivers at the CSU or UC.
C. Can apply for and be admied to EOP&S or EOP programs.
D. Can apply for and receive state-based nancial aid, including public college and university nancial
aid, through the California Dream Act applicaon. If an undocumented student does not meet AB 540
eligibility requirements, they will not be eligible to receive state-based nancial aid (state grants &
public college and university nancial aid).
Return to Table of Contents 5
Eligibility
5.WhataretheeligibilitycriteriaforAB540?
To be eligible for AB540, students must meet the following criteria (a-d):
A. Have an immigraon status that allows the student to be eligible: Undocumented and DACA recipients,
T and U visa holders
3
, U.S. cizens, and lawfully present immigrants. (For specic details, see next
secon.);
B. Total aendance (or aainment of credits earned) in California is equivalent to three or more years of
full-me aendance at California high schools, California adult schools, campuses of the California
Community Colleges (noncredit or credit courses), or a combinaon of these.
i. Note: Students can now complete all three years of aendance through credit courses at California
Community Colleges due to the passage of SB 1141.
C. Compleon of a course of study. This requirement can be met in the following ways:
i. Graduaon from a California high school or equivalent (diploma, cercate of compleon, GED,
HiSet, or TASC).
ii. Aainment of an associate degree from a California Community College.
iii. Fulllment of the minimum transfer requirements established for the University of California or the
California State University for students transferring from a California community college.
D. Filing of a Nonresident Exempon Request Adavit (AB 540 Adavit) stang that the student has
led an applicaon to legalize the student’s immigraon status, or will le an applicaon as soon as the
student is eligible to do so. Students must submit an AB 540 Adavit to each college or university they
wish to aend and have it approved by the appropriate department.
6.AregraduatestudentseligibleforAB540?
Yes, students at the undergraduate or graduate level at the CSUs and UCs are eligible if they meet the above
criteria.
7.AreU.S.citizensandLegalPermanentResidentsabletoapplyforAB540?
Yes. AB 540 is also open to U.S. cizens and Legal Permanent Residents, as well as other lawfully present
immigrants in the United States.
Immigration Status
Disclaimer: Immigraon laws, educaon code provisions, and regulaons regarding residency for tuion purposes
are very complex. Therefore it is important to refer to and comply with the specic residency requirements and
guidance oered by the CCC Chancellor’s Oce, the CSU Chancellor’s Oce, and the UC Oce of the President.
This document only provides general guidance and is not intended to be, nor should it be construed as legal
advice. Check with the appropriate system for nal guidance.
3 See Queson 8: UC provides limited duraon residence to T and U visa holders
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8.WhatimmigrationstatusesareeligibleforanonresidenttuitionexemptioninCaliforniathrough
AB540?See this Glossary of In-State Tuition Terms for more information.
A. Undocumented or out-of-status
B. DACA recipients
C. T visa
4
D. U visa
5
E. Temporary Protected Status (TPS)
F. Violence Against Women Act (VAWA)
G. Refugees
H. Asylees
I. U.S. Cizens, Legal Permanent Residents (LPR), and other lawfully present immigrants in the United
States
J. Special Immigrant Juvenile
K. Others as idened in the Educaon Code.
9.WhichimmigrationstatusesareNOTeligibleforin-statetuitionthroughAB540inCalifornia?
A. Internaonal students (e.g., those studying on a J or F visa)
B. All ‘‘non-immigrant’ visa holders not listed above
C. Others as idened in the Educaon Code.
Nonimmigrant Visas
10.Whatisanonimmigrantvisa?
A nonimmigrantvisa (NIV) is a temporary visa, typically for purposes of tourism, business, work, study,
medical treatment, or humanitarian protecon (e.g., B, BCC, F, J). Immigrantvisas are issued to foreign
naonals who intend to live permanently in the United States
6
.
“Out of Status” or “Not Active” Visas
Disclaimer: This document is not intended to be, nor should it be construed as legal advice. For informaon
regarding a student’s immigraon status, seek legal advice from a qualied immigraon professional.
11.Isanonimmigrantvisa“outofstatus”and“notactive”iftheindividualhasoverstayedtheir
authorizedperiodofstayand/orifthevisahasexpired?
In general, yes. When an individual overstays their visa—i.e., does not depart the U.S. on me, assuming no
other immigraon protecons, that individual becomes undocumented
7
.
4 UC Policy: T visa holders may establish residence outside AB 540
5 UC Policy: U visa holders may establish residence outside AB 540, however will be required to prove eligibility for AB 540 in
order to receive aid through the CA Dream Act
6 Visit this Department of State website for a directory of visa categories.
7 If an individual does not leave the country aer their authorized period of stay expires, their visa may be canceled and there
may be other consequences such as (in the worst-case scenario) deportaon.
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A. Whatisanauthorizedperiodofstay?
i. A visa’s period of stay sets forth in a visa or the corresponding I-94 determines how long
someone has permission to stay in the U.S.
B. Howcananauthorizedperiodofstaybeverified?
i. Passport: In the passport, the visa is a physical stamp or scker that indicates that someone is
eligible to apply for entry to the U.S. in a specic immigraon category.
ii. Date vs. Duraon of Status (“D/S”): Most visa holders have a specic date on which the
authorized period of stay expires. However, some visas, such as the F-1 student visa, admit
individuals for a “duraon of status.” This means that a student may stay in the U.S. for the
duraon of their program, course of study, or temporary work assignment to the U.S., plus any
addional grace periods that may be authorized aerward. Once a student graduates from a
course of study, drops or ‘stops out’ of school and stays beyond a grace period, the individual
would be considered undocumented and no longer have permission to be in the U.S.
iii. Form I-94: Some people receive a “Form I-94” upon entry into the U.S., which may be electronic
or may be a small rectangular card that is separate from the visa. The I-94 will state how long an
individual is allowed to remain in the U.S.
iv. 10-year mulple entry visa: Many visitor visas are issued for a period of 10 years; however,
most only allow someone to be in the U.S. for a maximum of six months at a me. That means
that if the visitor visa is unexpired,buttheindividualstaysintheU.S.beyondtheir6-month
authorizedperiodofstay, they are considered undocumented and no longer have permission to
be in the U.S.
v. Border Crossing Card (“BCC”): The BCC is a visitor visa that is issued as a laminated card, similar
to an ID. It is valid for travel unl the expiraon date on the front of the card, usually ten years.
However, typically an individual can only stay in the U.S. for 30 days (or 6 months if requested).
If an individual staysintheU.S.beyondtheirauthorizedperiodofstay, they are considered
undocumented and no longer have permission to be in the U.S.
vi. Visa Waiver Program (VWP): Tourist or business travelers who are cizens of parcipang
countries may be eligible to visit the U.S. without a visa. Visits must be 90 days or less.
Attendance Requirements at CA Schools
12.WhataretheattendancerequirementsforAB540?
A student must aend a minimum of threeyears,orcompletetheequivalentofthreeyearsofcoursework, at
a school in California. Coursework can be a combinaon of California high school, adult school, or community
college (noncredit or credit) classes. Coursework must have been completed aer the passage of AB 540 in
2001.
A. The two-year maximum on for-credit courses taken at California community colleges was repealed by SB
1141, eecve January 1, 2023. Students may now use a full three years of aendance in credit courses at
California community colleges to meet this requirement.
13.WhatifastudentgraduatedfromaCaliforniahighschool(completingthreeyearsworthofhigh
schoolcredits),butdidnotattendthreeyearsataCaliforniahighschool?
If a student has taken the equivalent of three years of credits from a CA high school AND graduated from
a CA high school, their aendance at CA elementary and middle school(s) can be counted toward the three
years of total aendance.
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14.Whichtypesofschoolscounttowardsattendancerequirements?
A. High schools, including charter schools, established by the CA State Board of Educaon
B. Adult schools established by a California:
i. County Oce of Educaon
ii. Unied School District/High School District
iii. Department Of Correcons and Rehabilitaon
C. Instuons within the California Community College system
15.CanattendanceattheCSUorUCcounttowardthethreeyearsofattendance?
No. Aendance at a CSU or UC will not meet the AB 540 aendance requirements.
16.Whatisfull-timeattendanceortheequivalentofthreeyearsofcoursework?
This chart was created to help individuals calculate aendance for full-me or part-me equivalents should
the college or university wish to verify coursework.
TypeofSchool 3yearsfull-meaendance 1yearfull-meaendance
High school
8
165 credits 55 credits
Adult School 1260 classroom hours 420 classroom hours
Community College: Noncredit
Courses
1260 classroom hours 420 classroom hours
Community College: Credit
Courses
72 semester credit units
OR
108 quarter credit units
24 semester credit units
OR
36 quarter credit units
17.Doesastudenthavetotakeclassesfulltimefortheirattendancetocount?Orcantheirclasses
betakenatthepart-timeequivalent?
No. A student can take classes on a part-me basis as long as they complete the equivalent of 3 years of full-
me aendance. Refer to the rubric above for equivalency.
Noncredit Courses
18.Whatisanoncreditcourse?
Noncredit courses are classes oered by a California Community College noncredit program through the
Connuing Educaon Division (or noncredit division). Not all California Community Colleges oer noncredit
courses, but many do. They are intended for adult students who want to build and improve skills in math,
English, and more. Noncreditcoursesincludebutarenotlimitedto ESL, cizenship, personal enrichment,
workforce preparaon, adults with disabilies, and short-term vocaonal skills. A limited number of noncredit
programs at the CCC oer GED or high school equivalency preparaon programs. It is important to note that
8 Some high schools use their own credit threshold. High school must aest that their threshold is the equivalent to three years
of full-me aendance.
Return to Table of Contents 9
noncredit courses do not count toward an associate or bachelor’s degree, but can lead to a noncredit state
cercate.
19.Arenoncreditcoursesofferedashoursorcredits?
Noncredit courses are usually oered with hours, not credits. Upon compleon of a course, students will
receive a grade of pass, no pass, or sasfactory progress—not a leer grade (A-F).
However, a small number of CCCs do oer noncredit courses with semester or quarter units. Upon
compleon of a course, students could receive a grade of pass or no pass and a leer grade (A-F).
20.Howarehoursorcredits(semester)orunits(quarter)fornoncreditcoursescalculatedtowards
the420hours?
This depends on the school a student aended. There is no standard formula for converng semester credits
or quarter units into hours across all colleges or systems. Some noncredit programs do not report hours, but
only report credits that are non-degree applicable. Therefore, each community college must determine the
conversion between a unit and a credit. The standard pracce for converng credits into hours is to calculate
how many hours are spent in the classroom. It is best to get vericaon/proof of aendance from the
registrar or a school ocial outlining the number of hours spent in the classroom.
21.Willnoncreditclassesshowonastudent’scommunitycollegetranscript?
This will depend on the community college the student is aending. Some community college noncredit
programs have an ocial transcript that contains noncredit course enrollments, grades, and cercates
earned. For the most part, noncredit courses do not appear on the college’s ocial transcript, which
documents aendance in credit courses. However, some colleges do oer separate noncredit transcripts.
22.Howcanattendanceinanoncreditcoursebeverified?
Aendance records from the registrar or admissions and records oce should be obtained. If this is
not available, the student should be directed to check with the instructor or school ocial to obtain
documentaon of aendance throughout the course. Once the teacher has documented the hours, this can
be printed out and cered by the registrar.
Adult School Courses
23.WhatisanAdultSchoolcourse?
Adult educaon is a public educaon program for all adults that oer free to low-cost classes for adults 18
and older. Students can earn a high school diploma or high school equivalency cercate; learn about jobs,
how to speak English, or become a U.S. cizen.
24.AreAdultSchoolcoursesofferedashoursorcredits?
Most Adult School courses are oered as hours, not credits. However, GED or high school equivalency
programs will be calculated as credits.
25.HowcanastudentprovetheirattendanceinanAdultSchoolcourse?
Aendance records from the registrar or records oce can be used to verify the duraon of enrollment.
Contact informaon is available through the California Adult Educaon Provider Directory. If this is not
Return to Table of Contents 10
available, the student should be directed to obtain documentaon of their aendance throughout the course
from their instructor. Once their instructor has documented the hours, it should be cered by the registrar.
26.IsgettingaGEDequivalentto420hours?
No. Earning a GED is based on passing tests for specic sets of knowledge. There are no set hours assigned
to earning a GED at the statewide level. Students who earn a GED would meet the requirement related to the
compleon of a course of study. However, they would sll need to document their aendance to meet the
requirements related to aendance at California schools.
When and Where Students Can Take Their Classes
27.Doesalltheircourseworkhavetobetakenatthesameschool?
No. Their coursework can be taken at a California High School, Adult School, California Community College
(noncredit or credit courses), or a combinaon of these schools.
28.Doestheorderinwhichastudenttakestheirclassesmattertowardsmeetingtheirattendance
requirements?
No. Students are not required to take classes in a specic order and can aend high school, adult school, or a
California Community College (credit or noncredit courses) as needed. Students are not prevented from using
classes at an adult school or noncredit program aer they have taken college-level courses to meet AB 540
eligibility.
29.Maystudentsuserepeatedcoursestomeettheattendanceorcreditrequirements?
No, students are not able to count units from repeated classes toward the AB 540 threshold. However,
students can aend noncredit classes or adult school classes that will increase their knowledge and are not
repeang a subject the student already passed.
Dual & Concurrent Enrollment
30.WhatisdualenrollmentandcanstudentscounttheseclassestowardsAB540eligibility?
Dual enrollment allows high school students to enroll in college classes while sll in high school or high school
programs. Classes through dual enrollment can count toward high school graduaon requirements. However,
a student can only use California Community College coursework towards the aendance requirements for
AB 540 if the coursework does not replace a high school class needed to meet their graduaon requirements.
31.WhatisconcurrentenrollmentandcanstudentscounttheseclassestowardsAB540eligibility?
Concurrent enrollment is a subset of dual enrollment that allows students to take classes at a college or
university while being enrolled at their primary instuon (high school, adult school, or CCC noncredit
courses). However, coursework from the college or university does not count toward their graduaon
requirements at the primary instuon.
Only classes taken through concurrent enrollment at the California Community Colleges can be used towards
the aendance requirements for AB 540.
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32.Canstudentsadmittedas“part-timespecialadmit”studentscounttheirattendancetowardsAB
540eligibility?
It depends. There are two laws that allow individuals who are nonresidents to parcipate in dual and or
concurrent enrollment programs if they meet specic eligibility. Once determined to be eligible, they would be
classied as “part-me special admit” students.
A. AB 2364 allows eligible students to enroll in California Community Colleges, and have their
nonresident fees waived, as long as they are aending a California high school.
B. SB 554 allows eligible students to enroll in credit courses at the California Community Colleges
and have their nonresident fees waived, as long as they are aending a high school program at a
California adult school or noncredit program.
As long as the California community college coursework is not being counted to meet high school graduaon
requirements, it could be used to meet the aendance requirements for AB 540.
Diploma, Degree, and Transfer Requirements
33.Whatarethediploma,degree,ortransferrequirementsastudentneedstomeeteligibilityforAB
540?
A student must have completed one of the following in California:
A. High school diploma
B. Cercate of compleon of high school, General Equivalency Diploma (GED), High School Equivalency
(HiSet), or Tesng Assessing Secondary Compleon (TASC)
C. Associate degree from a California Community College
D. Minimum transfer requirements to the California State University (CSU) or University of California
(UC).
34.Doeshavingahighschooldiplomafromanothercountrypreventastudentfrombeingeligiblefor
AB540?
No. Possession of a foreign high school diploma does not prevent a student from being classied as an AB
540 student provided they meet all other eligibility requirements.
35.CanastudentrepeathighschoolorGEDcourseworkinCaliforniaiftheyalreadyhaveahigh
schooldiplomafromanothercountry?
Yes. A student can take high school classes (or classes towards a GED) in California aer compleng high
school in another country to meet the aendance requirement for AB 540. However, any high school
coursework completed in another country would not qualify for the aendance requirement for AB 540
eligibility.
36.CanastudentbeeligibleforAB540iftheyhaveahighschooldiplomaoritsequivalentfrom
anotherstate?
Yes. Aending high school in another state does not preclude them from eligibility. But an out-of-state
high school diploma or its equivalent does not meet the degree requirements for AB 540. A student would
need the equivalent of three years of aendance as described above (in Queson 17) and would have to
obtain coursework towards an Associate’s Degree or meet minimum transfer requirements from a California
Community College.
Return to Table of Contents 12
37.CanastudentrepeathighschoolorGEDcourseworkinCaliforniaiftheyalreadyhaveahigh
schooldiplomaorGEDfromanotherstate?
A. CCCandCSUPolicy: No. Students who already earned a high school diploma or the equivalent from
another state may not repeat courses to obtain a California high school diploma or the equivalent in
order to be granted AB 540. A student can only use coursework that does not repeat previous high
school or GED class requirements such as college-level courses or other noncredit or adult courses.
B. UCPolicy: Students with a high school degree from out of state are able to complete adult school
coursework, even though it is duplicave. However, they sll need to have the equivalent of three
years of aendance as described above.
California Residency for Tuition Purposes
38.DoesAB540makeastudenta“residentfortuitionpurposes”inCalifornia?
No. Meeng eligibility for AB 540 is only an exempon from paying out-of-state tuion. It does not make a
student a resident of California for tuion purposes.
Remember: The qualicaons for becoming a “resident of California for tuion purposes” are dierent from
the qualicaons for becoming a resident of California and they vary by system.
39.Ifstudentsarenoteligibleforin-statetuitionthroughAB540,arethereinstanceswhenthey
mightbeclassifiedasaresidentfortuitionpurposes?Arethereotherpathsforthemtopursuein-
statetuition?
Possibly. Students should consult with their college or university regarding how to establish “CA residency
for tuion purposes” and/or other opons available to them. Based on their status, a student might meet the
requirements for legal presence (including, but not limited to DACA, TPS, T or U visa, and Special Immigrant
Visa). Please refer to the specic residency requirements and guidance oered by the CCC Chancellor’s
Oce, the CSU Chancellor’s Oce, or the UC Oce of the President.
It is important to remember that students who are not classied as AB 540 will not have eligibility for state
based-nancial aid through the California Dream Act.
40.WhywouldsomestudentswhoareapplyingforAB540beconsidereda“residentfortuition
purposes”inCalifornia?
CA Residence for Tuion Purposes policies vary between the UC, CSU, and CCC systems. For detailed
informaon, individuals should be referred to system-wide policies:
A. CCC policy
B. CSU policy
C. UC policy
At the highest level, students must be able to document the eligibility requirements per the college or
university of their choice which include:
D. Legal presence in the state; (This includes individuals with DACA or Temporary Protected Status, T or U
visa holders, Legal Permanent Residents, U.S. Cizens, and others)
E. Connuous physical and lawful presence in the state for 366 days (based on designated dates by the
college or university);
Return to Table of Contents 13
F. Intent and capacity to remain in California indenitely;
G. Financial Independence (UC policy)
It is important to note that students who are classied as “residents for tuion purposes” might not
automacally be considered for state-based nancial aid. The student will have to contact their college or
university for specic details.
DACA, TPS, and U Visa
41.ArestudentswhohaveDACA,TPS,orUvisaseligibleforAB540?
It depends. Some students who have DACA, TPS, or U visas are classied as a “CA resident for tuion
purposes” in California. Students should check with their admissions and records oce at the CCC or CSU, or
the registrar’s oce at the UC, to clarify their residency status.
42.WhatisthedifferencebetweenmeetingeligibilityforAB540andmeeting“residencyfortuition
purposes”inCaliforniaasanundocumentedstudent?
Meeng the eligibility for AB 540 will exempt students from paying out-of-state tuion fees and allows a
student to be considered for state-based nancial aid under the California Dream Act, including nancial aid
from public colleges and universies.
Meeng residency for tuion purposes in California as someone with legal presence in the state grants a
student in-state tuion. However, if a student is applying for nancial aid through the California Dream Act,
they will also need to meet eligibility for AB 540.
For more informaon about meeng residency for tuion purposes including AB 540 requirements, students
should contact the admissions and records or registrar’s oce at the CCC, CSU, or UC they want to aend.
43.CanstudentswhohaveDACA,TPS,oraUvisa,receivestate-basedfinancialaid?
Students can receive state nancial aid through the California Dream Act applicaon ONLY if they meet the
eligibility for AB 540.
If a student meets the eligibility for AB 540 and has applied for nancial aid through the CA Dream Act
Applicaon, but has not been noed of their award, the college should verify that the student has been
properly classied as AB 540. If they have been misclassied as a resident, they will not be able to receive any
nancial aid.
Process: Meeting Eligibility Requirements
Afdavit/Application Process
44.HowdoesastudentprovetheymettheAB540eligibilityrequirements?
It depends. All students need to complete and submit a signed AB 540 Nonresident Tuion Exempon
Adavit. However, the process diers slightly within each system.
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A. CCC campuses: Students ll out the AB 540 Adavit tesfying that they meet the requirements. They
submit the signed and completed form directly to the college they intend to enroll in. In some cases,
students may be asked to provide supplemental informaon by a college in addion to the adavit.
B. CSU campuses: Students may submit their AB 540 Adavit directly to the college or university they
are applying to. In some cases, students will be asked to ll out a residency quesonnaire prior to
compleng the adavit.
C. UC campuses: The rst step is to complete a Statement of Legal Residence and those who appear to
qualify for AB 540 will be contacted to complete the adavit.
All CSUs and UCs require a student to provide documentaon of aendance and degree requirements (e.g.,
ocial transcripts or aendance records). At the CCCs, it varies. Some CCCs require documentaon to
accompany the adavit, while others only require a student to cerfy that all the informaon they provided
on the adavit is true.
45.WheredoesastudentfindtheAB540NonresidentTuitionExemption?
Each public higher educaon instuon in California has its own adavit which a student can nd on the
school’s website or listed below.
A. California Community Colleges
B. California State University
C. University of California
Proof of Attendance
46.Howdoesastudentprovethattheymetthethree-yearattendancerequirementforAB540?
In addion to subming a signed AB 540 Adavit, a student may be asked to submit addional
documentaon to prove their aendance. Some examples of what colleges and universies may request
include but are not limited to the following:
A. Highschool: ocial high school transcript
B. Adultschool: ocial transcript or aendance records which show the specic hours for each class
C. NoncreditclassesataCCC
i. Units or Credits: ocial transcript or aendance records of noncredit courses
ii. Hours: aendance records that show the specic hours aended for each class
D. CreditclassesataCCC: ocial transcript
Proof of Degree Requirements
47.HowdoesastudentprovetheymetthedegreerequirementsforAB540?
A. Highschool: high school diploma or ocial transcripts
B. Highschoolequivalency: General Equivalency Diploma (GED), High School Equivalency (HiSet) or
Tesng Assessing Secondary Compleon (TASC) or cercate of compleon
C. Minimumtransferrequirements: ocial transcript from CCC & Formal Admission leer to a CSU or UC
D. Associatedegree: diploma and/or ocial transcripts from CCC
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Timing and Process of AB 540 Approval
48.Whenshouldastudentsubmittheiraffidavitandtranscripts/attendancerecords?
It depends. Students should check with each college or university where they are applying in order to become
aware of the best me to submit their adavit and any necessary proof.
As a rule, students should submit their adavit to each school as part of the enrollment process because it
will aect their tuion and fees. In some cases, it will also aect their ability to receive a nancial aid award or
access to services that require proof of AB 540 status.
Some important benchmarks within the enrollment process include
A. Applying for admissions;
B. Receiving nancial aid award;
C. Subming their Admission Acceptance Oer or Intent to Register;
D. Applying to EOP&S or EOP;
E. Prior to their orientaon;
F. By the beginning of their semester or quarter; or
G. Final deadline set by college or university to process the adavit
Remember: This process can vary between systems and among schools. Students can face consequences if
the adavit is not received by specied benchmarks. Each college or university can provide accurate melines
for their students.
49.Isastudentrequiredtopayanythingtobeconsideredforin-statetuitionunderAB540?Isthere
aprocessingfee?
There is no fee for processing their AB 540 Adavit. However, there might be a fee when a student requests
ocial transcripts to prove aendance and degree requirements.
50.WhenwillastudentknowaboutthestatusoftheirAB540Affidavit?
A student should contact the Oce of Admissions (CCC & CSU) or Oce of the Registrar (UC) aer
subming their adavit and accompanying documents to conrm it has been received. If a student has not
heard back within 3-5 weeks, they should contact them again to check on the status.
51.CanastudentapplyforadmissiontoaCCC,CSU,orUCbeforealloftheirAB540requirements
aremet?
Yes. Students are not required to meet all requirements when they apply. But, all requirements for AB 540
must be met prior to enrollment in order to be considered for in-state tuion. Students should check with
their school for details.
52.WhenisthelastdayastudentcansubmittheirAB540Affidavitforapproval?
This varies by college or university. Specic dates should be posted on the Admissions website and clearly
communicated to incoming students because it can have serious implicaons if the deadline is missed.
A. CCC Policy: Check with the specic school or district.
Return to Table of Contents 16
B. CSU Policy: A student can submit their AB 540 Adavit and necessary paperwork by the last day of the
semester or quarter for approval. For the CSU, any documents received aer the last day of the term
will be processed for the following term.
C. UC Policy: Deadlines to submit are campus-specic, but most campuses allow you to submit up unl
the last day of the term for which you intend to apply for the exempon. Contact the Registrar’s oce
at your campus for specic informaon.
53.WhataretheimplicationsforincomingstudentsiftheydonotsubmittheirAB540Affidavit?
A. They will connue to be charged out-of-state fees;
B. Their nancial aid, if they have any, will not be disbursed;
C. Their classes could be dropped for lack of payment.
54.CanAB540beawardedretroactively,suchasforasemesteroracademicyearthathasalready
ended?
A. CCC Policy: If a student is determined to be eligible for this exempon subsequent to the payment of
nonresident tuion, the tuion paid must be refunded to the student.
B. CSU Policy: If a student paid out-of-state tuion in previous terms, the CSU is unable to grant
retroacve requests. Students cannot be awarded an AB 540 exempon retroacvely.
C. UC Policy: Students can be approved for AB 540 retroacvely for one academic year.
AB 540 & Financial Aid
Disclaimer: The California Student Aid Commission (CSAC) is the state agency responsible for determining
students’ eligibility for state-based nancial aid. This document only provides general guidance and is not
intended to be, nor should it be construed as legal advice. Check with CSAC for nal guidance.
55.DoesastudentneedtobeeligibleforAB540toreceivestate-basedfinancialaidthroughthe
CaliforniaDreamAct?
Yes. The student must meet eligibility for AB 540 to receive nancial aid through the California Dream Act or
campus-based funds.
56.Canastudentapplyforstate-basedfinancialaidthroughtheCaliforniaDreamActbeforeallof
theirAB540requirementsaremet?
Yes. A student should meet the March 2 priority deadline for the California Dream Act Applicaon if they
know that they will meet eligibility for AB 540 by the me they enroll during the upcoming year. Students
aending the California Community Colleges should meet the September 2 deadline if they missed the March
2 priority deadline.
57.Whatstepsdoesastudentneedtotaketoensuretheygettheirfinancialaid?
Students must review their school’s portal for important messages and acon items regarding nancial aid
and/or AB 540 status.
If there are no acon items and/or no nancial aid applicaon on le, the student should:
A. Contact the nancial aid oce and clarify the status of their applicaon;
Return to Table of Contents 17
B. Verify that they completed the correct applicaon (FAFSA or CADAA).
C. Ensure they meet the eligibility and are classied as AB 540 students.
If the student is not classied as an AB 540 student, they should turn in an AB 540 Adavit with any
necessary documentaon (e.g. ocial transcripts or aendance records) to the admissions department at their
CCC or CSU, or the registrar’s oce at their UC.
If a student is classied as a “resident for tuion purposes” in California but believes they meet the eligibility
for AB 540 for nancial aid purposes, they should immediately check with the admissions department at their
CCC or CSU or the registrar’s oce at their UC to complete the necessary steps to be classied as an AB 540
student.
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Acknowledgments
Systemic Partners
CaliforniaCommunityCollegesChancellor’s
Office
cccco.edu
The California Community College’s mission is to
provide students with the knowledge and background
necessary to compete in today’s economy at the 116
community colleges throughout the state.
ImmigrantsRising
immigrantsrising.org
Immigrants Rising empowers undocumented
young people to achieve educaonal and career
goals through personal, instuonal, and policy
transformaon.
UniversityofCaliforniaOfficeofthePresident
ucop.edu
The University’s fundamental missions are teaching,
research, and public service throughout its system
of 10 campuses, ve medical centers, and three
aliated naonal laboratories.
Intersegmental Workgroup (ISWG)
Co-Chairs
NancyJodaitis
Director of Higher Educaon
Immigrants Rising
WilliamPerez
Professor, School of Educaon
Loyola Marymount University
MadeleineVillanueva
Higher Educaon Manager
Immigrants Rising
Members
AnaAguayo-Bryant
Assistant Director of Student Aairs Programs
CSU Chancellor’s Oce
ElizabethAlaniz
Associate Director, Financial Aid & Scholarships
Chico State University
ShawnBrick
Execuve Director, Student Financial Support
UC Oce of the President
RoseCarmona-Arbulu
Chair of the Dream Advisory Board
Student Services Lead
Metro College Success Program
San Francisco State University
JamalCollins
Financial Aid Outreach & Communicaons Liaison
UC Oce of the President
MariaGutierrez
Dream Coordinator & Counselor
Chabot College
Doctoral Student
San Francisco State University
CarmenMacias
Counselor, Dream Resource Center
Mt. Sac College
Doctoral Student
Claremont University
AnnaManuel
Director of Strategic Iniaves & Sta Aorney
UC Immigrant Legal Services Center
RenaMartinezStluka
Director of Admissions & Records
Fullerton College
Return to Table of Contents 19
RayMurillo
Systemwide Director, Student Aairs Programs
CSU Chancellor’s Oce
JaemiNaish
Director
Tamalpais Adult Educaon
RosaSalamanca
Director of Undocumented Student Services
UC Santa Barbara
RodSantos
Dean, Enrollment Services
Contra Costa College
LindaVazquez
Assistant Vice Chancellor for State and Federal
Relaons
CCC Oce of the Chancellor
Additional Thanks
The individuals at the systemic level who were
instrumental in making this FAQ possible: Fermin
Villegas, Gina Browne, Natalie Wagner, and Imran
Majid from the CCC Chancellor’s Oce; Nancy
Impey and Aprí Medina from the UC Oce of the
President; and the Legal Counsel from the CSU
Chancellor’s Oce.
The subject maer experts who were key in the
development of the FAQ: Maria Blanco, former
Director of the UC Immigrant Legal Services
Center, and Elena Macias, long-me champion of
undocumented students.
The invaluable sta, faculty, educators,
administrators, and student leaders across the
state who have been innovave and resourceful in
supporng undocumented students successfully
meet the requirements for AB 540 as the rst step to
achieving their academic goals.
The Immigrants Rising sta members for their
editorial and design support: Claire Calderón and
Grace Yeo.
The undocumented young people in California who
have sought to build a brighter future for themselves,
their families, and their communies.
Financial Support
This project was made possible in part thanks
to the generous support of the College Futures
Foundaon, Stupski Foundaon, and Evelyn and
Walter Haas Jr. Fund.
