Nonresident Tuition Exemptions (AB 540)

If you attended high school in California for at least three full years and graduated or earned an equivalent, you may be eligible for resident tuition. Students must file an affidavit with SJSU stating that they have filed an application with INS to legalize their immigration status or will do so as soon as they are eligible. You will need to show proof of attendance and graduation.

On October 11, 2001, Governor Gray Davis signed Assembly Bill 540 (now Education Code Section 68130.5) creating a new exemption from nonresident tuition for any student who meets ALL of the following criteria:

a) attended high school in California for 3 or more years;

b) graduated from a California high school or attained the equivalent;

c) is registered at, or attending an accredited institution of higher education in California not earlier than Fall 2001; and

d) if a student without lawful immigration status files an affidavit with the campus stating that he or she has applied to legalize immigration status (using INS form I-130, Petition for Alien Relative) or will do so as soon as he or she is eligible.

See for additional information.