Peralta Community College District
Admissions and Records
Berkeley City College
College of Alameda
Laney College
Merritt College
AB 540 and AB 2000
California Nonresident Tuition Exemption
For Eligible California High School Graduates
GENERAL INFORMATION
Any student, other than one with a 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 following 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
• Requirements:
o The student must have:
•
attended a high school (public or private) in California for three or more years, or
•
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
and
o The student must have 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) and
o The student must file an affidavit with the college or university stating that he or she has
filed an application to legalize his or her immigration status, or will file an application as soon
as he or she is eligible to do so.
• 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.
3
• 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.
• 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,
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.
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.)
2
In 2014, Assembly Bill 2000 was enacted amending Education Code section 68130.5 to allow this additional flexibility in meeting the
requirements for the exemption.
3
In 2012, Assembly Bill 1899 was enacted into law exempting holders of T and U visas from paying nonresident tuition. (Ed. Code, §
68122.)