Do I meet the AB 540 requirements?

This page covers California public colleges. Other states have their own in state tuition rules. This is general information, not legal advice.

What are the rules?

You must meet all of these (Education Code 68130.5; UC summary). Think of them as four boxes to check.

1. Did I go to California schools long enough?

You need one of these:

• Option A: three full time years, or the equal, at any mix of California high schools, California adult schools (including community college noncredit classes) and California community colleges.
• Option B: three years of California high school coursework, plus three years of total attendance at California elementary, middle or high schools. This helps students who graduated early.

Good to know:

• The years do not need to be in a row, and partial years count.
• Adult school and community college noncredit: 420 class hours count as one full time year. The adult school must be run by a county office of education, a school district, or the state prison system.
• Community college credit: 12 units a semester is full time. Since January 1, 2023, there is no longer a two year cap on community college years. You still need three years in total.

2. Did I finish?

You need one of these, finished before your first term at the college:

• a California high school diploma, or an equal like the GED, HiSET or CHSPE
• an associate degree from a California community college
• the minimum transfer requirements from a California community college to UC or Cal State

3. Am I enrolling at a California college?

You must be registering as a new student, or already enrolled, at an accredited California college.

4. Will I sign the affidavit?

You sign a statement asking for the exemption. If you do not have lawful immigration status, it also says you have filed, or will file, to legalize your status once you are eligible. The California Dream Act Application has this statement built in.

Do I need DACA or papers?

No. Undocumented students can qualify. So can students with DACA, valid or expired. Students with a T or U visa can also qualify.

Most students on a temporary visa, like an F student visa or a B visitor visa, cannot use AB 540. Students with TPS have more options at UC and Cal State: UC's residence guidelines say TPS holders can be classified as residents and may also use AB 540, and Cal State lists TPS holders among students who may be exempt. Ask the campus residence office. We did not find a current official community college statement on TPS, so community college students with TPS should ask admissions how their college treats it.

Does AB 540 make me a California resident?

No. You stay a "nonresident" on paper, but you pay the resident price. If you also file the California Dream Act Application, you can get state aid. See Can undocumented students get state financial aid?

How do I count my years?

Partial years count, and you can mix school types (Chancellor's Office advisory). Use these yardsticks for one full time year:

No official chart shows how colleges add partial years together. If you are close, ask the college's admissions office how it counts your mix before you enroll. Our page How do I keep track of my years of school for in state tuition? has a worksheet.

What proof do I need?

Colleges usually ask for official transcripts or attendance records that show the schools and years you checked on the affidavit. Cal State's form says to send official transcripts or attendance records with it. Ask your old schools early. Records from adult schools can take longer to find.

Do I sign again every year?

Usually not. Cal State's form says you keep the exemption as long as you still meet the rules. If you change colleges, the new college may ask you to sign its form or send transcripts again.

Is this law still in effect?

Yes. In November 2025, the U.S. Department of Justice sued California over AB 540 (United States v. Newsom). The case is still open. A national case tracker updated October 5, 2026 says "Awaiting order," and we found no news of a ruling as of October 21, 2026. Colleges still apply the exemption. See Can I still go to college in California as an undocumented student?

What if I am close but not there yet?

You have options. Community college classes count toward the three years, and an associate degree or transfer requirements can count as finishing. See Do not qualify for AB 540 yet?

Who can help?

These are free. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Your high school counselor: your years of attendance and proof of graduation.
• Your college's admissions or residence office, or its Dream Resource Center.
• California Student Aid Commission: call (888) 224-7268 or email studentsupport@csac.ca.gov.
• Free legal help, if you are not sure of your immigration status. Free legal help in the Bay Area

Your years in California school count. Use them.

Related questions

• How do I request the AB 540 exemption form?
• How do I track my years of school for in state tuition?
• Do I pay higher tuition as an undocumented student?