Who qualifies for in state tuition in California (AB 540)

This page covers who qualifies and how to ask. For the aid form, see How to apply for the CA Dream Act. For grants and scholarships, see Paying for college. This is not legal advice. Your college makes the final decision.

What is AB 540?

AB 540 is the 2001 law that lets you skip nonresident tuition, the much higher price, and pay what California residents pay. Later laws opened it to more students:

• AB 2000 (2014) added a path for students who finished high school early.
• SB 68 (2017) let adult school and community college years count, and added an associate degree or transfer units as ways to finish.
• SB 1141 (2022) removed a two year cap on how much community college time can count, starting January 1, 2023.
• AB 1540 (2023) made Cal State and community colleges accept the affidavit you sign in the California Dream Act Application.

It works at all three public systems: California Community Colleges, California State University and the University of California.

AB 540 waives the extra charge. It does not make you a California resident, and it does not give you any immigration status.

Do I qualify?

You need all four.

1. Time in California schools. One of these two:

• Three years of full time attendance at California high schools, adult schools or community colleges, in any mix. Part time study counts too, if it adds up to the same amount. The years do not need to be in a row.
• Or three years' worth of California high school coursework plus three years total at California elementary, middle or high schools. (See What if I graduated early?)

2. Something you finished in California. One of these, before your first college term starts:

• Graduated from a California high school, or earned a California equivalent such as the GED, HiSET or CHSPE
• Earned an associate degree at a California community college
• Finished the minimum classes to transfer from a California community college to a UC or Cal State

3. You are enrolling. You are signing up for, or already taking, classes at an accredited California college.

4. You sign the affidavit. It is a short signed statement. If you do not have a current immigration status, you promise to apply to legalize your status as soon as you are able to. See How do I ask for in state tuition?

What if I graduated early?

You can still qualify. You need California high school credits equal to three years of full time coursework, and three years in total at California elementary, middle or high schools. Your years in a California elementary or middle school can fill the gap.

Do adult school and community college count?

Yes. Every hour adds up.

• Adult school: about 420 class hours in a school year counts as one full time year. Part of a year counts too. The adult school must be run by a California school district, a county office of education or the state prison system.
• Community college noncredit classes: these count the same way, about 420 hours for a full year.
• Community college credit classes: 12 units a semester is full time. Since January 1, 2023, there is no cap on how many community college years count. UC says three years of community college alone means about 72 semester units.

Mix them. One year of high school, one year of adult school and one year of community college can add up to three.

You still need item 2 on the list, such as a diploma, a GED, an associate degree or the transfer classes.

How do I ask for in state tuition?

Sign the affidavit. No affidavit, no lower price. You have two ways to send it.

Through the California Dream Act Application. The 2027 to 2028 application has a short AB 540 section. It asks which schools you went to, your dates, and what you finished. Your signature at the end is your affidavit. The state sends it to every college you list.

• Cal State and community colleges must accept it.
• UC says students who completed the affidavit in the CA Dream Act Application do not need to fill out a separate UC affidavit.

Through your college's own form. Not applying for aid, or your college asks? Fill out its AB 540 form (often called the nonresident tuition exemption request) and turn it in to admissions. Cal State's residency page still describes its own form, so ask your campus whether it needs one even if you signed the affidavit in the Dream Act Application. Some colleges, like Cal State campuses, ask for an official transcript with it.

Is my information private? Yes. State law says what you give for this exemption is confidential. Colleges keep it.

What if I have TPS, DACA or a visa?

• Undocumented, with no status: you can qualify if you meet the four rules. You do not need DACA.
• DACA (current or expired): you can use AB 540 if you meet the four rules. UC and Cal State also say that with DACA you may be able to become a full California resident for tuition, if you meet their residency rules.
• TPS: UC's 2026 to 27 guidelines and Cal State's residency page both say a student with TPS can be classified as a California resident and may also qualify for AB 540. To be a resident, you generally must hold the status and live in California, with plans to stay, for at least one year before the term starts. If you do not meet that, AB 540 may still work. For community colleges we found no statewide statement. At least one, Foothill College, says students with TPS "may be permitted to establish residence." Ask your college's admissions office. TPS students use the California Dream Act Application for state aid.
• Pending asylum, asylum, refugee or parole: UC and Cal State list these as statuses that can lead to resident tuition. Ask the residence office at your college.
• T or U visa: you are not shut out. California law lets T and U visa holders use AB 540 even though they hold a visa, and UC also gives them a one year resident classification. Ask your college's residency office which path fits.
• Student, visitor and most other temporary visas: these cannot use AB 540 and usually pay nonresident tuition.

Is in state tuition still in place?

Yes, as of October 21, 2026. In state tuition under AB 540 and the California Dream Act are still in effect. We know the news can be scary. Here are the facts.

What is pending: on November 20, 2025, the U.S. Justice Department sued California in federal court in Sacramento (United States v. Newsom). It says federal law blocks California's in state tuition law, the California Dream Act aid laws and the Dream Loan. It names the state and the UC, Cal State and community college systems. California asked the court to dismiss the case in December 2025. The judge, Chief Judge Troy L. Nunley, took that request under submission without a hearing on January 16, 2026 (court docket, case 2:25-cv-03375). As of October 21, 2026, we found no ruling: the docket copy we could read runs through April 1, 2026, and the Presidents' Alliance case tracker (updated October 5, 2026) says "Awaiting order." Neither shows a court order telling California to stop.

In other states, courts have split on similar lawsuits. Some states' programs ended, and in others judges kept them in place. A court decision or a settlement could change things in California. Before you enroll, check the Presidents' Alliance case tracker for news.

Until a court or the law changes, keep applying as normal. Do not skip the affidavit or the aid application out of fear. Your seat in college is worth fighting for.

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 college's admissions or residence office: whether your affidavit is on file, and what papers they need.
• Your college's Dream Resource Center or undocumented student program: help with forms and next steps.
• Your high school counselor: transcripts and proof of graduation.
• California Student Aid Commission: questions about the California Dream Act Application. Call (888) 224-7268 or email studentsupport@csac.ca.gov. csac.ca.gov/undocumented
• University of California: AB 540 nonresident tuition exemption (UC) and Undocumented student resources (UC)
• California State University: Residency and immigration information (CSU)
• Free legal help: if your immigration status is unclear. Free legal help in the Bay Area

Do I qualify? A checklist to print