Do not qualify for AB 540 yet? Ways a community college may still lower your tuition

This page is about community college options before AB 540. It is general information, not legal advice. AB 540 rules themselves are on Who qualifies for in state tuition (AB 540). Many students qualify and do not know it, so check that first.

How big is the price difference?

Big. At the in state price, California community colleges charge a $46 a unit enrollment fee. At Cañada College in San Mateo County, a nonresident pays $385 a unit in tuition, a $10 a unit capital outlay fee and the $46 fee, or $441 a unit for 2026-27 (Cañada College fees). Other colleges set their own nonresident rates.

Our math from Cañada's posted fees. Other student fees are extra.

What is the six units or fewer waiver?

California law lets a community college district exempt nonresident students who take six units or fewer from all or part of nonresident tuition (Education Code 76140(a)(1)). Two things to know:

• It is the district's choice. The board of trustees has to adopt it. Not every district has.
• It is for a whole group, not person by person. The law says it cannot be given on an individual basis. So if your district has it and you fit the rules, you should get it.

Immigrants Rising, which tracks this law, calls it a pathway for undocumented students to build eligibility for AB 540, because you keep taking classes, and earning units, while you build your years.

Which Bay Area districts offer it?

We checked district and college documents on October 21, 2026. Call to confirm before you register.

San Mateo County Community College District (Cañada, College of San Mateo, Skyline). For students at these three colleges.

• Who: undocumented students taking six or fewer units, who live in California with a California address and are working toward AB 540 (Cañada FAQ). The district's board policy draft also describes it (SMCCCD policy).
• What it covers: nonresident tuition and the capital outlay fee, for up to 6 units, one semester at a time. It does not cover the $46 enrollment fee or other student fees.
• How: fill out and sign the waiver form, and turn it in to your college's Admissions and Records Office. Reapply every semester by the last day to add classes. Documents are usually not required, but Admissions may ask for more.
• Extra: the FAQ says approved students may also be checked for a separate enrollment fee waiver. Ask your Dream Center about it.

San José Evergreen Community College District (Evergreen Valley College, San José City College). For students at these two colleges.

• Who: you live in California with a California address, have no valid visa or active I-20, are not a high school student, and register for six or fewer units total across both colleges. You must be working toward AB 540, or have filed or plan to file to change your immigration status (EVC waiver form).
• What it covers: nonresident tuition. You still pay enrollment and other fees.
• How: email the form to evcar@evc.edu. Send a new form each semester.

Peralta Community College District (Oakland and East Bay). Its procedure on nonresident tuition, revised December 21, 2024, does not include a six unit waiver. It does exempt special part time students taking 11.5 units or fewer (Peralta AP 5020).

Other districts (Foothill De Anza, West Valley Mission, San Francisco and others): ask Admissions and Records the question in the toolkit. If the answer is no, ask whether the board has ever considered it. Students and staff have asked boards to adopt it before.

Are noncredit classes free?

Often, yes. Noncredit classes often include English as a second language, basic skills and short job training. Ask your college what it offers. Foothill College says its noncredit classes have no fees and need no proof of residency, and anyone 18 or older can take them after applying.

The bonus: noncredit hours can count toward AB 540. For community college noncredit courses, 420 class hours in a school year counts as one full time year (Community Colleges Chancellor's Office advisory). Years do not need to be in a row, and partial years can add up. Keep your attendance records.

Can I take college classes while still in high school or adult school?

Yes, and you may pay no nonresident tuition at all.

• High school students who take community college classes as special part time students (often called dual enrollment) must be exempted from nonresident tuition if they are not left out of the federal definition of "immigrant" (Education Code 76140(a)(4)). Students on temporary visas, like student or visitor visas, are left out.
• Adult school students working on a high school diploma or equivalency can be admitted as special part time students under SB 554 (2019), which added Education Code 52620 and changed Education Code 76001. The same exemption applies.
• Special part time students can take up to 11 units a semester.

Ask your high school counselor or adult school office. They usually start the paperwork with the college.

These classes also build your AB 540 years. Adult school counts too: 420 class hours at an adult school run by a county office of education, a school district or CDCR equals one full time year (Chancellor's Office advisory).

Are there other exemptions?

A few narrow ones in Education Code 76140:

• Recent immigrants, refugees and asylees who settled in California when they arrived and have lived here less than a year are exempt for credit English as a second language classes only.
• U.S. citizens who had to leave because a parent or guardian was deported or allowed to leave voluntarily, who lived in California before, went to a California secondary school for at least three years, have financial need and plan to live in California, may be exempt in their first year back.

If your immigration status has changed, you may also become a full California resident over time. See How to become a California resident for tuition after your status changes.

How do I put a plan together?

Many students mix these options. One example (made up): Luis is 20 and finished only one year of high school in California. He takes free noncredit English at night to build hours. He also takes two credit classes, six units, under his district's six unit waiver, and pays only the enrollment fee. After he reaches three full time years in any mix, plus a diploma or equivalent, he files the AB 540 affidavit and can take a full load at the in state price.

Steps:

1. Count your years so far. Use How do I track my years of school for in state tuition?
2. Ask about the six unit waiver at your district.
3. Add noncredit hours if you can.
4. Keep records of every class and hour.
5. File the AB 540 affidavit as soon as you qualify. Then look at state aid through the CA Dream Act.

What mistakes should I avoid?

• Registering for seven units when your waiver covers six. At SJECCD, units at both colleges count together.
• Forgetting to reapply each semester. Both waivers we found must be renewed every term.
• Assuming you do not qualify for AB 540. Adult school, noncredit and community college years count, in any mix.
• Paying an "admissions consultant" for forms the college gives you free.

Questions people ask

Does the six unit waiver ask about my immigration status? The forms we read ask you to confirm you meet the rules, such as not holding a valid visa. Ask the Dream Center to sit with you when you fill it out.

Can I get financial aid while I am building my years? State aid through the CA Dream Act generally depends on meeting AB 540. Ask your Dream Center about private scholarships. See Scholarships, whatever your status.

I was charged nonresident tuition by mistake. What do I do? Go to Admissions and Records right away and ask how to fix it for this term. See Can I get lower tuition?

Who can help?

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

• Your college's Dream Center or Dreamer Resource Liaison. Every California community college must have a Dreamer Resource Liaison (Education Code 66021.8). Bay Area list: Dream Centers and undocumented student programs
• Admissions and Records at your college, for waiver forms and residency
• California Student Aid Commission (California): (888) 224-7268, for CA Dream Act questions once you qualify for AB 540

Is there a plan I can print?