AB-540 is a California state law that allows qualified undocumented students to pay in-state tuition, instead of out-of state at California's public higher education institutions.

AB 540 represents a considerable cost savings to qualified undocumented students and their families. For example, in 2009-2010, total average annual in-state fees for an undergraduate full-time student at the University of California are $9,285. This compares to $32,002 for non-resident students. At the California State University, undergraduate resident students pay $4,026 per year versus $11,160 for non-resident students. At the California Community Colleges, the annual resident fee is minimally $480, compared to $3,360 for non-residents. To qualify as an AB540 student, undocumented students must:

• Have attended a California high school for 3 or more full academic years (between grades 9 through 12. They do not need to be consecutive years);
• Have or will graduate from a California high school or have attained a G.E.D.; or received a passing mark on the California High School Proficiency Exam (CHSPE);
• Register or be currently enrolled at an accredited institution of public higher education in
  California;
• File or plan to file an affidavit as required by individual institutions, stating that he/she will apply for legal residency as soon as possible;
• Not hold a valid non-immigrant visa (F, J, H, L, A, E, etc.)

AB 540 Ineligibility
An ineligible student is one who does not meet the AB 540 criteria. In most situations, not having met the three years attendance at a California high school is what prevents a student from qualifying for AB 540. Students that do not qualify for AB 540 can still attend a public California college or university as long as they meet the admissions criteria and are accepted by the college or university, but they must pay non-resident fees.

AB 540 Affidavit
The AB 540 Affidavit serves two purposes; one is to verify that the student meets the educational requirements, and the second is to certify the intent to establish legal residency.

The first purpose relates to educational eligibility where students must indicate:

	I have graduated from a California High School or have attained the equivalent thereof, such as a high school Equivalency Certificate issued by the California State GED Office or a Certificate of Proficiency, resulting from the California High School Proficiency Examination. And,
	I have attended high school in California for three or more years.

Students must also provide information on all schools attended in grades 9-12 and submit required documentation (high school transcript) as required by the college or university.

The second purpose refers to the eligibility for exemption of non-resident tuition. To exempt a student from paying non-resident tuition the Affidavit must be completed prior to enrollment at a college or university. The legal document certifies that the student is in the process of legalizing his or her residency status or will file for legal residency as soon as eligible.

Non-resident tuition exemptions ARE granted for students who indicate on the affidavit (as long as the educational criteria are also met):

• I am NOT a nonimmigrant alien (including, but not limited to, a U.S. citizen, permanent resident, or an alien without lawful immigration status).
• Non-resident tuition exemptions are NOT granted for students who indicate on the affidavit: I am a nonimmigrant alien {including, but not limited to A FOREIGN STUDENT (F Visa) or exchange visitor (J visa)}.

The information provided is declared under penalty of law of the State of California and the signature verifies that the information is correct and accurate. In addition, the California State University and the University of California require documentation of high school attendance and graduation (or its equivalent) in support of the affidavit.

 Affidavit link: www.csulb.edu/depts/enrollment/assets/pdf/cal_nonres_tuition_exempt.pdf

States Offering Exemption from Out-of-State Tuition to Undocumented Students
Eleven states have laws similar to California’s AB 540 law, requiring attendance at a state school for a certain number of years, graduation from the high school and completion of an affidavit, stating that the applicant will apply for legalization as soon as he or she is eligible. The states that offer these laws are California, Illinois, Kansas, Nebraska, New Mexico, New York, Oklahoma, Texas, Utah, Washington and Wisconsin. California students hoping to go to out-of-state schools cannot transfer their eligibility from California but must pay out-of-state tuition.