AB540-California Dream Act

• On October 12, 2001, Governor Gray Davis signed into law Assembly Bill 540 adding a new section to the California Education Code. 

• This created a new exemption from the payment of nonresident tuition for certain students who have attended high school in California and received a high school diploma or its equivalent.

• Nonresident students meeting the criteria will be exempted from the payment of nonresident tuition, but they will not be classified as California residents. They continue to be “nonresidents”.

The Systemwide AB 540 Frequently Asked Questions (FAQ) is a comprehensive informational resource aiming to increase alignment in AB 540 implementation across all public California higher education institutions and individual campuses. It details what AB 540 is, eligibility requirements based on attendance and residency, and how to qualify. This FAQ also includes updated information on subsequent legislation that expands AB 540 such as AB 2000 (2014), SB 68 (2017), and SB 1141 (2022).

This comprehensive document was co-created by an intersegmental workgroup comprised of leaders from Immigrants Rising, the CCC Chancellor’s Office, the CSU Chancellor’s Office, and the UC Office of the President, undocumented students, resource center coordinators, UndocuLiaisons, residency and financial aid personnel, and subject matter experts.

Who may benefit from this resource?

Individuals and departments who support undocumented students can use this as a reference for how AB 540 is implemented in California Community College (CCC), California State University (CSU), or University of California (UC) campuses. College financial aid offices, outreach and residency departments, high school counselors, adult school personnel, noncredit program coordinators, and college access organizations may benefit from this resource.

Outline

1. Overview: What is AB 540 (California in-state tuition) and how does it benefit undocumented students?
2. Eligibility: What are the eligibility requirements for AB 540?
   1. Immigration Status: Which immigration statuses are excluded from AB 540?
   2. Attendance Requirements at California Schools: How can students meet the AB 540 attendance requirements while taking high school, adult school, community college, and noncredit courses?
   3. Diploma, Degree, and Transfer Requirements: How can students satisfy the graduation and/or transfer requirements?
3. California Residency for Tuition Purposes: What is the difference between “out-of-state tuition exemption” and “residency for tuition purposes”?
   1. DACA, TPS, and U Visa: Can students with DACA, TPS, or a U visa receive state-based financial aid?
4. Process: How can students meet the AB 540 eligibility requirements?
   1. Affidavit/Application Process: What is the AB 540 Nonresident Tuition Exemption Affidavit?
   2. Proof of Attendance: What proof satisfies the three-year attendance requirement?
   3. Proof of Degree Requirements: What proof satisfies the AB 540 degree requirements?
   4. Timing and Process of AB 540 Approval: What happens after students submit their CA Dream Act Application?
5. AB 540 and Financial Aid: How can AB 540 students qualify for financial aid in California?

• Any student, other than one with United States Citizenship and Immigration Services (USCIS) nonimmigrant visa status (see exception below for students who have been granted T or U visa status), who meets all of the requirements, shall be exempt from paying nonresident tuition at the California Community Colleges, the University of California, and the California State University (all public colleges and universities in California).¹

• Students who are nonimmigrants who are victims of trafficking, domestic violence, and other serious crimes who have been granted T or U visa status, under Title 8 of the United States Code, sections 1101(a)(15)(T) or (U) are eligible for this exemption.⁴

• Students who are nonimmigrants, other than those with T or U visa status as noted above, [for example, those who hold F (student) visas, B (visitor) visas, etc.] are not eligible for this exemption.

¹_{This exemption to the requirement to pay the nonresident tuition fee is often referred to “AB 540” after the Assembly Bill which enacted the exemption. (Ed. Code, § 68130.5.)}

⁴_{In 2012, Assembly Bill 1899 was enacted into law exempting holders of T and U visas from paying nonresident tuition. (Ed. Code, § 68122.)}

Any student, other than one with United States Citizenship and Immigration Services (USCIS) nonimmigrant visa status (see exception below for students who have been granted T or U visa status), who satisfies the four requirements (below), shall be exempt from paying nonresident tuition at the California Community Colleges, the University of California, and the California State University (all public colleges and universities in California).

Eligibility Requirements:

1. The student must have:
   1. attended a combination of California high school, adult school, and California Community College for the equivalent of three years or more.
                     or
   2. attained credits earned in California from a California high school equivalent to three or more years of full-time high school course work and attended a combination of elementary, middle and/or high schools in California for a total of three or more years.
2. The student must have:
   1. graduated from a California high school or attained the equivalent prior to the start of the term (for example, passing the GED or California High School Proficiency exam).
                     or
   2. completed an associate degree from a California Community College.
                     or
   3. completed the minimum requirements at a California Community College for transfer to the California State University or the University of California.
3. The student must register as an entering student at, or current enrollment at, an accredited institution of higher education in California.
4. The student must file an affidavit with the college or university stating that if the student is a non-citizen without current or valid immigration status, the student has filed an application to legalize immigration status or will file an application as soon as the student is eligible to do so.
    

Additional Information

• Students who are nonimmigrants who are victims of trafficking, domestic violence, and other serious crimes who have been granted T or U visa status, under Title 8 of the United States Code, sections 1101(a)(15)(T) or (U) are eligible for this exemption.
• Students who are nonimmigrants, other than those with T or U visa status as noted above, [for example, those who hold F (student) visas, B (visitor) visas, etc.] are not eligible for this exemption.
• A year’s equivalence at a California Community College is a minimum of 24 semester units of credit or 36 quarter units of credit. For noncredit courses, a year’s attendance is a minimum of 420 hours, 210 hours for a semester, and 140 hours a quarter.
• The accumulation of credit and/or non-credit in any academic year shall be calculated in reference to a year’s equivalence. Partial completion in an academic year is allowed. (Example: 12 units of credit courses in an academic year is equal to a semester for purposes of determining eligibility.)
• There is no cap on the number of years of attendance in credit courses at a California Community College counted towards the attendance requirements.
• The student must file an exemption request including a signed affidavit with the college that indicates the student has met all applicable conditions described above. Student information obtained in this process is strictly confidential unless disclosure is required under law.
• Students eligible for this exemption who are transferring to another California public college or university must submit a new request (and documentation if required) to each college under consideration.
• Nonresident students meeting the criteria will be exempted from the payment of nonresident tuition, but they will not be classified as California residents. They continue to be “nonresidents”.
• The California Dream Act extends Cal Grant A and B Entitlement awards, Cal Grant C awards, the California Promise Grant (formerly known as the BOG fee waiver), Chaffee grants, and institutional financial aid to students that meet these criteria as well as the applicable criteria for eligibility for specific types of financial aid.
• AB540 does not provide federal student financial aid eligibility for undocumented students. These students remain ineligible for federal financial aid

• The student must file an exemption request including a signed affidavit with the college that indicates the student has met all applicable conditions described above. Student information obtained in this process is strictly confidential unless disclosure is required under law.

• If you believe you are eligible for AB 540, complete the steps on the AB540 - California Nonresident Tuition Exemption.

  • You may only use this form if you are currently residing in California. This form is not applicable to students living outside California taking Distance Education classes.

• Students eligible for this exemption who are transferring to another California public college or university must submit a new request (and documentation if required) to each college under consideration.

The California Dream Act of 2011, authored by Assembly Member Gil Cedillo (Los Angeles), became law through the passage of two Assembly Bills, AB 130 and AB 131.

AB 130 allows students who meet AB 540 criteria (California Education Code 68130.5(a)) to apply for and receive non-state funded scholarships for public colleges and universities.

AB 131 allows students who meet AB 540 criteria to apply for and receive state-funded financial aid such as institutional grants, community college fee waivers, Cal Grant and Chafee Grant.

For more information regarding the California Dream Act, please visit the Financial Aid website.

Dream Act Online Application

The Financial Aid Office offers California Dream Act Application Workshops in the Oxnard College Student Services Building. Please contact the Financial Aid Office at (805) 678-5828 for additional information.

• CA DREAM Act and Cal Grant Checklist
• Dream Act Online Application
• Dream Act Resource Page
• Dream Resource Center
• FAQs about Submitting the Affidavit
• Financial Aid Scholarship Resources
• Immigrants Rising
• Immigrants Rising's CA In-State Tool
• Information for Students from Mixed Status Families
• Learning Resources Center (Tutoring)
• List of Undergraduate/Graduate Scholarships
• MALDEF
• My Undocumented Life
• Scholarship Guide
• Scholarships A-Z
• Silicon Valley Community Foundation
• Student Support Services
• The College Expo
• Writing and Reading Center