Non Resident Tuition Exemption (AB 540/ SB 68)

The California Nonresident Tuition Exemption exempts eligible non California Residents, including undocumented students, legal permanent residents and U.S. Citizens to pay in-state tuition fees at public colleges and universities in California. Undocumented students that qualify for the CA Nonresident Tuition Exemption may also be eligible for state and university aid through the CA Dream Act. 

 Frequently Asked Questions

• 1.) What is AB 540, AB 2000, and SB 68?

  • California Assembly Bill 540, Assembly Bill 2000, and Senate Bill 68 allow eligible non California Residents, including undocumented students, legal permanent residents and U.S. Citizens to pay in-state tuition fees at public colleges and universities in California. 

• 2.) How do I apply to AB 540, AB 2000, or SB 68?

  • Qualifying  students will need to fill out and submit the CSU Non-Resident Tuition Exemption Form (also known as the AB 540 Affidavit).  To access the form, visit the SJSU Office of the Registrar's AB 540 page.   

    Submitting the form: see Q&A #7.

• 3.) Who should apply for the exemption? 

  • Undergraduate and graduate students who are:

    • U.S. Citizens

    • Permanent Residents

    • Undocumented Students (including DACA, TPS, asylum, Special Immigrant Juvenile, VAWA, T and U Visa holders)

• 4.) What are the requirements to qualify for the Non-Resident Tuition Exemption (AB 540, AB 2000, or SB 68)?

  • Effective January 23, 2023, students must demonstrate California school attendance and graduation requirements by meeting the following criteria:

    Part A: School attendance in California (AT LEAST ONE)

    • Attend a California high school (public or private) for a minimum of three or more years; OR

    • Attend a combination of California elementary, middle, and/or high school for a combination of three or more years; OR

    • Attended or attained credits at a combination of California high school, California adult school, and/or California community college for the equivalent of (3) years or more.***

    AND

    Part B: CA Graduation Requirements (AT LEAST ONE)

    • Graduate from a California high school and pass the California High School Proficiency Exam OR get a GED (General Equivalency Diploma or Graduate from a California high school or the equivalent (for example: pass the California High School Proficiency Exam OR GED); OR

    • Complete or will complete an Associate's Degree from a California Community College; OR

    • Complete or will complete the minimum transfer requirements at a California Community College for transfer into the CSU system; AND

    • Enroll in an accredited California institution of higher education (CCC, CSU, or UC)

    ***See Q&A # 5

• 5.) What is considered 1-year of full time attendance? 

  • • 1 year of High School = Determined by dates of attendance.

    •  1 year of Adult School = 420 Hrs.

    •  1 year of California Community College = 24 semester units/ 36 quarter units. 

• 6.) What documentation do I need to prove that I meet the CA Non-Resident Tuition Exemption criteria?

  • Along with the tuition exemption form, students will need to submit official transcripts of all schools attended (as indicated in the tuition exemption form). Other types of documents can include GED or Diploma certificates. SJSU will accept unofficial transcripts during COVID closure. 

• 7.) Where should I submit the exemption form and supporting documents/transcripts? 

  • SJSU students will need to submit the form and supporting documents to the Office of the Registrar in any of the following ways: 

    Electronically: Fill out the form with DocuSign and submit it to records-regist@sjsu.edu

    By mail: 
    Office of the Registrar, San José State University, One Washington Square, San Jose, CA 95192-0009

    In person: 
    Student Services Center (SSC), Window "R" or in the drop box outside of SSC. 

    (First floor of North Garage, enter on 9th Street)

• 8.) Do I need DACA to apply for the tuition exemption/ AB 540?

  • NO. DACA is NOT a requirement for the CA Non Resident Tuition Exemption form.

• 9.) Do I need to submit the exemption form every year?   

  • Once you are approved for the tuition exemption, you will not need to submit it again as long as you maintain continuous enrollment.

• 10.) I am a transfer student and I qualified for AB 540 at my community college; do I need to submit a new exemption form? 

  • Yes, all new SJSU students will need to submit a CA Non Resident Tuition Exemption form.

• 11.) I am a graduate student and I attended SJSU as an undergraduate; do I need to submit a new tuition exemption form? 

  • If you have maintained continuous enrollment you will not need to submit a new exemption form; you need to contact the Office of the Registrar to request an extension of the CA Non Resident Tuition Exemption. If you were away from SJSU for more than one semester before starting your graduate studies, you will need to submit a tuition exemption form. 

• 12.) What is the deadline for the Non Resident Tuition Exemption Form?

  • There is no deadline. The tuition exemption form will be applied on the semester that it was submitted. For example, if you want to apply for the tuition exemption for the Fall semester, you have until the last day of the term to submit it. The tuition exemption cannot be applied retroactively. 

• 13.) Will the university share my immigration status with any outside agency? 

  • NO. All information that is shared in the CA Non Resident Tuition Exemption is used for tuition purposes only and is not shared with any outside agency. 

• 14.)Does AB 540 change my immigration status? 

  • NO. AB 540 is a state law that exempts students from paying non-resident fees.  It does not grant legal permanent residency.  

• 15.) If I am not approved for the exemption, can I appeal? 

  • While there is no formal appeal process for the CA Non Resident Tuition Exemption form, students may appeal online to the Chancellor's Office of the California State University within 30 calendar days of the issuance of the notification of the final campus decision. Learn more about the appeal process in the CSU website.  

• 16.) I am being classified as an international student although I believe to qualify for AB 540/SB 68, how can I correct that? 

  • If you are an undocumented student that is being considered as international (F-1 Visa Holders) during the admissions process, you can correct your residency classification by contacting the Office of the Registrar. 

    If you believe to qualify for AB 540/ SB 68, fill out the Non Resident Tuition Exemption and submit all supporting documents. Consult with the Office of the Registrar if you have any questions. 

• 17.) If I don't meet the SB 68 requirements due to missing credits/hours, can I take courses at an adult school or  California Community College (CCC) while enrolled at SJSU?

  • Yes, SJSU students can dually enroll at an adult school or CCC in order to complete the three year school attendance requirement for the  Non Resident Tuition Exemption requirements under SB 68. 

    Note: Students who take adult school or community college courses while concurrently enrolled at SJSU to qualify for SB 68, will continue to be charged out-of-state tuition as nonresidents until the exemption requirement are fulfilled.  

Additional Resources 

• CA Non-Resident Tuition Exemption Form- SJSU Office of the Registrar
• California Residency Requirements- SJSU Office of the Registrar
• CSU Residency Requirements for Tuition Purposes
• CSU Residency Appeal Process
• California In-state Tuition Tool from Immigrants Rising 

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