Immigration Information
A student seeking to pay in-state tuition at a California State University campus as a first-time freshman, transfer, or post-baccalaureate/graduate student must have an eligible immigration status to establish residency. Therefore, the student must be a United States citizen, a permanent resident (Green Card holder), or hold an eligible visa status (see Visa Types and Nonimmigrant Status).
If a student does not qualify as a California resident, the student may be eligible for certain exceptions and exemptions, such as California Nonresident Tuition Exemption, commonly known as AB 540. Nonresident students (including US citizens, permanent residents, and undocumented individuals, including students with a T visa U visa, DACA, Humanitarian Parole (certain countries), Special Immigrant Juvenile, asylum, refugee, or Temporary Protected Status) may be exempted from paying nonresident tuition. Students seeking the AB 540 Exemption must satisfy attendance and graduation/transfer requirements from a California school (e.g., K-12, adult school, and community college).
Directory of Different Immigration Categories that are Eligible to Establish California Residency for Tuition Purposes (US Citizens, Permanent Residents, United States Nationals, Visa Categories, and Nonimmigrant Statuses)
Students must hold an eligible status at least one year before the Residence Determination Date to be considered eligible to establish California residency for tuition purposes.
US Citizens Eligible to Establish California Residency for Tuition Purposes
US Citizens are considered citizens of the United States by virtue of birth or naturalization.
Lawful Permanent Residents Or Applicants for Permanent Resident Status are Eligible to Establish California Residency for Tuition Purposes
A lawful permanent resident resides in the United States under legally recognized and lawfully recorded residence as an immigrant. In addition, individuals who applied for Permanent Resident status may be eligible depending on where they are in the process.
US Nationals are Eligible to Establish California Residency for Tuition Purposes
A US National is an individual born in or has ties to an outlying possession of the United States.
- Citizens of American Samoa, Guam, Puerto Rico, Northern Mariana Islands, United States Virgin Islands
- CFA/MIS - Compact of Free Association: Republic of The Marshall Islands
- CFA/FSM -Compact of Free Association: The Federated States of Micronesia
- CFA/PAL -Compact of Free Association: Palau
Visa Categories that are Eligible to Establish California Residency for Tuition Purposes
Visa Category
(visa statuses that are eligible to meet residency requirements and AB 540)
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Residency
(In-State Tuition)
Students must meet residency requirements:
1)Eligible immigration status
2) Physical Presence
3) Intent
4) Financial Independence (only continuing students)
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California Nonresident Tuition Exemption (AB 540)
(In-State Tuition)
Nonresident students who attended and graduated from a California school may meet the California State University (CSU) Nonresident Tuition Exemption. A copy of the student's official transcript must be submitted with the Nonresident Tuition Exemption form to the campus Admissions Office.
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A-1 Visa holder is a diplomat or foreign government official.
A-2 Visa holder is a full-time employee assigned by the government to work in an embassy or consulate.
A-3 Visa holder is granted to personal employees, domestic workers, and attendants to A-1 or A-2.
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X
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E-1 Visa holder allows an individual to engage in national trade with the United States.
E-2 Visa holder allows for long-term investors to remain lawfully present in the United States.
E-3 Spouse or unmarried children under 21 years of age.
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X
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H-1 and H-1B Visa holders allow individuals with specialty occupations in fields requiring highly specialized knowledge to work for American companies.
H-4 Spouse or unmarried children under 21 years of age.
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X
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G-1- G-4 Visa holders are employees of a designated international organization or NATO.
G-5-Visa holders are issued to attendants, servants or personal employees.
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X
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I Visa holders are designated for media personnel and journalists.
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X
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K-1 Visa holder is for a fiancé(e) to marry U.S. citizens and live in the U.S.
K-2 Visa holder is for children of K-1visa holder under the age of 21.
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X
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K-3 Visa holder is for a spouse of a U.S. citizen awaiting approval of an I-130 immigrant petition.
K-3 Unmarried children under 21 years of age.
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X
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L-1 Visa holder is a U.S. employer to transfer a managerial or executive employee from one of its foreign offices.
L-2 spouse or unmarried children under 21 years of age.
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L-1, L-2
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X
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NATO-1 Visa holder is an official representative traveling for North Atlantic Treaty Organization (NATO).
NATO-2 Visa holders are other representatives of the government traveling on official NATO business.
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N-1, N-2
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X
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O-1 Visa holder is a foreign national with extraordinary ability in sciences, arts, education, business or athletics.
O-3 Spouse or unmarried children under 21 years of age.
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X
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R-1 Visa holder is a temporary religious worker employed at least part-time by a bona fide nonprofit religious organization in the United States to work solely as a minister, in a religious vocation or a religious occupation. |
X
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S-Visa holder is a person who assists U.S. law enforcement in investigating and prosecuting crimes and terrorist activities.
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X
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SIJ- Children who have been subject to state juvenile court proceedings related to abuse, neglect, abandonment, or a similar basis under state law. Must under 21 years of age.
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X
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X
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T-Visa holder is a victim of criminal activity.
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X
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X
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U-Visa holder is a victim of human trafficking.
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X
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X
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V-Visa holder is a spouse or child of a lawful permanent resident (allows families to stay together while waiting to process immigration status). |
X
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The Immigration and Nationality Act allows individuals of certain nonimmigrant statuses to establish permanent residency in the United States. Therefore, they are entitled to establish California residency for tuition purposes. Students must hold an eligible visa status at least one year before the Residence Determination Date to be eligible to establish California residency for tuition purposes.
Nonimmigrant Statuses and Other Categories that are Eligible to Establish California Residency for Tuition Purposes
AB 540 and Residency Eligibility Guide
Residency, AB 540 and Financial Aid Options
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Residency |
AB 540 Nonresident Exemption |
California Dream Act |
Free Application for Federal Student Aid (FAFSA) |
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Students must meet residency requirements: 1)Eligible immigration status 2) Physical Presence 3) Intent 4) Financial Independence (only continuing students) |
Nonresident students who attended and graduated from a California school may meet the California State University (CSU) Nonresident Tuition Exemption. A copy of the student's official transcript must be submitted with the Nonresident Tuition Exemption form to the campus Admissions Office. |
(e.g., Cal Grants, Student University Grant (SUG), Dream Loans, Dreamers Service Incentive Grant (DSIG)) If a student meets AB 540 requirements. The student may apply for California aid using the California Dream Act Application (CADAA). |
(e.g., Pell grants, federal work-study, loans) The student may apply for aid using the Free Application for Federal Student Aid (FAFSA). |
Status |
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United States Citizen |
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X |
X |
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X |
Lawful Permanent Residents (LPR) and Conditional Permanent Residents |
More Info |
X |
X |
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X |
Undocumented must qualify for AB 540 Does not qualify for work authorization, but they can obtain an ITIN to file taxes |
More Info |
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X |
X |
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Temporary Protected Status (TPS) Qualifies for work authorization and Social Security Number |
More Info |
X |
X |
X |
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U Visa Holder (victim of certain crimes) Qualifies for work authorization and Social Security Number |
More Info |
X |
X |
X |
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T Visa Holder (victim of human trafficking) Qualifies for work authorization and Social Security Number |
More Info |
X |
X |
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X |
Deferred Action Childhood Arrivals (DACA) Must Qualify for AB 540,
Qualifies for work authorization and Social Security Number |
More Info |
X |
X |
X |
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Asylum Seeker (status has not been granted) Does not qualify for work authorization, but they can obtain an ITIN to file taxes |
More Info |
X |
X |
X |
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Asylum Granted 1-94 stating they have granted asylum
Qualifies for work authorization and Social Security Number (SB 296) |
More Info |
X |
X |
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X |
Refugee Granted 1-94 stating they have granted asylum
Qualifies for work authorization and Social Security Number (AB 343) |
More Info |
X |
X |
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X |
Special Immigrant Juvenile (Permanent Residency has not been granted or 1-485 has not been issued with 1-360) Qualifies for work authorization and Social Security Number |
More Info |
X |
X |
X |
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Humanitarian Parole It is a temporary resident status that is allowed under INA §212(d)(5)(A) and provides that any noncitizens be admitted lawfully to the United States for a period of 2 years and is renewable. |
More Info |
X |
X |
X |
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Violence Against Women Act of 1994 (VAWA) Qualifies to work authorization and SS |
More Info |
X |
X |
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X |
The Immigration and Nationality Act allows individuals of certain nonimmigrant statuses to establish permanent residency in the United States. Therefore, they are entitled to establish California residency for tuition purposes. Students must hold an eligible visa status at least one year before the Residence Determination Date to be eligible to establish California residency for tuition purposes.
Students with Deferred Action for Childhood Arrivals (DACA), Temporary Protected Status, Humanitarian Parole (only in certain countries), adjusting their immigration status depending on where they are in the application process, such as asylum, Specials Immigrant Juvenile, refugee, T, U, or VAWA are also eligible to establish residency for tuition purposes.
Directory of Visas Precluded from Establishing Residency for Tuition Purposes
The Immigration and Nationality Act allows individuals of certain nonimmigrant statuses to establish permanent residency in the United States. Therefore, they are entitled to establish California residency for tuition purposes. Students must hold an eligible visa status at least one year before the Residence Determination Date to be eligible to establish California residency for tuition purposes.
Nonimmigrant Statuses and Other Categories that are Eligible to Establish California Residency for Tuition Purposes (list needs to be added)
Students with Deferred Action for Childhood Arrivals (DACA), Temporary Protected Status, Humanitarian Parole (only in certain countries), adjusting their immigration status depending on where they are in the application process, such as asylum, Specials Immigrant Juvenile, refugee, T, U, or VAWA are also eligible to establish residency for tuition purposes.
Visas Precluded from Establishing Residency
Visa Categories
(visas are precluded from establishing residency, students will be charged as nonresidents)
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Academic Student Visas
Individuals with these visas (F-1, exchange visitors, or other nonimmigrant classifications) can apply to a CSU University.
You will be considered a nonresident (higher tuition fees).
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Non-Academic
Student Visas
Individuals with these visas cannot apply with their current visa status. However, those interested in applying to a CSU may need to change their visa (e.g., F-1 or other status)
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B-1 Visa allows for the holder to travel for business.
B-2 Visa allows for the holder to be a visitor (tourism, vacation, medical).
Stay is limited to 90 days or less.
A visitor with a B-Visa permits enrollment in a short-recreational course of study, which is not for credit toward a degree or academic certificate.
*If you have a B visa and you previously enrolled in a California school, we encouraged you to speak to an immigration attorney if wishing to enroll at CSU University school.
For a list of free immigration services see
Free Immigration Services at
www.calstate.edu/residency
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X
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C-1 Visa allows for the holder to travel in the U.S. en route to another country.
C-2 Visa allows for the holder to travel to the United Nations (U.N.) headquarters in New York City.
C-3 Visa allows for foreign government officials and members of their families and their attendants, servants, or personal employees in transit through the U.S. to another country.
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X |
D-1 Visa allows crew members such as pilots, flight attendants, cruise ship personnel and other staff to transition to the U.S.
D-2 Visa allows crew members to travel in the U.S, serving in a marine vessel or aircraft.
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X |
F-1 Visa allows the holder to be a full-time student enrolled at an accredited college, university, seminary, conservatory, academic high school, elementary school or other academic institution or in a language training program.
F-2 Visa holder is for the spouse and children (unmarried children under the age of 21).
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X |
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H-2 Visa holder is for individuals who work in temporary jobs in agricultural, construction, forestry and other industry types.
H-3 Visa holder allows for non-immigrant trainee or special education exchange visitor.
H-4 Visa holder is a dependent of H-2, H-3 visa holder (H-4 dependent on H-2 or H-3, they don't qualify for residency; if H-4 is dependent on H-1, they qualify for residency).
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X |
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J-1 Visa holder is an exchange visitor such as a researcher, scholar or professor.
J-2 Visa holder is for the spouse and children (unmarried children under the age of 21).
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X |
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M-1 Visa holder participates in nonacademic or vocational programs. They are not allowed to work during the course of their studies.
M-2 Visa holder is for spouse and children (unmarried children under the age 21).
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X |
O-2 Visa holder will accompany an O-1 artist or athlete in a specific event or performance.
O-3 Visa holder is a spouse or dependent of an O-1 and O-3 visa holders.
O-2, O-3
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X |
P-1 Visa holder is for a person performing at a specific athletic competition.
P-2 Visa holder is a temporary visa for an artist or entertainer.
P-3 Visa holder is for a highly skilled essential support which is part of the entertainment group.
P-4 Visa holder is a spouse or children of the P-1, P-2, P-3 visa holders.
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X |
Q-1 Visa is for those participating in the cultural exchange program approved by the Secretary of Homeland Security (stay is longer than 180 days).
Q-2 Visa is for those participating in the cultural exchange program approved by the Secretary of Homeland Security (stay is less than 180 days).
Q-3 Visa holder is a spouse or children of Q-1 or Q-2 visa holders.
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X |
TN-Visa holder allows citizens of Mexico and Canada to work in the U.S. in prearranged activities for the U.S. or foreign employers.
TD-Visa holder is a spouse or children (under 21 years of age) of TN holder.
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X |
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Visa holders who hold F1 visas, exchange visitors, and other nonimmigrant status are precluded from establishing residency (paying in-state tuition). Students may still enroll at a CSU university but will be charged a nonresident tuition rate (a higher tuition rate).