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A TRW Law Firm Guide to the Nonimmigrant Treaty Trader/Investor Application
Introduction
For investors and traders seeking to engage in meaningful economic activity in the United States, the E-1 and E-2 visa categories provide invaluable opportunities. These treaty-based visa classifications allow nationals from treaty countries to enter and work in the United States based on substantial trade or investment. To apply for these visas, Form DS-156E—officially titled the “Nonimmigrant Treaty Trader/Investor Application”—is a key requirement. This comprehensive TRW Law Firm guide explores every critical aspect of the form: purpose, process, eligibility, documentation, fees, and strategic filing tips.
This article is crafted to help businesspeople, investors, and corporate entities alike confidently prepare their E-1 or E-2 visa application, while maintaining compliance with U.S. immigration laws.
🟩 What Is Form DS-156E?
Form DS-156E is used by individuals applying for E-1 (Treaty Trader) or E-2 (Treaty Investor) nonimmigrant visas at a U.S. embassy or consulate. The form is designed to collect detailed information about the applicant’s business, their financial and trade dealings, and their specific role in the enterprise.
While Form DS-156E is not required if you’re applying for a change of status from within the United States (which would use Form I-129), it is a mandatory part of the visa process if you’re applying from abroad.
🟩 Purpose of the E-1 and E-2 Visas
The E-1 and E-2 visa programs originate from treaties of commerce and navigation between the U.S. and other countries. Here’s what they entail:
E-1 Visa (Treaty Trader): For individuals and companies engaged in substantial international trade between the U.S. and their home country.
E-2 Visa (Treaty Investor): For individuals or companies who are making substantial investments in a U.S.-based enterprise.
These visas allow nationals of treaty countries to enter the U.S. and manage or direct the trade or investment operations of their company.
🟩 Who Needs to File Form DS-156E?
You must file Form DS-156E if:
🟩 You are applying for an E-1 or E-2 visa from outside the U.S., through a U.S. embassy or consulate. 🟩 You are the principal investor or trader, or an executive, supervisor, or essential employee of a treaty enterprise. 🟩 You are applying on behalf of a business that qualifies under treaty country ownership and investment requirements.
🟩 Filing Fee for Form DS-156E
Form DS-156E itself has no standalone fee. However, there is a standard nonimmigrant visa application fee for the E-1/E-2 visa:
🟩 E-1/E-2 Visa Application Fee: $315 (as of 2025)
This fee is paid directly to the U.S. Department of State or at the respective U.S. embassy/consulate.
🟩 Processing Timeline for Form DS-156E
The average processing time for an E-1 or E-2 visa application submitted with Form DS-156E is:
🟩 7–10 business days after the visa interview (if all documents are in order)
However, the actual wait time may extend due to:
🟩 Volume of applications at the consulate 🟩 Additional document requests (RFEs) 🟩 Country-specific background checks 🟩 Public holidays or consular delays
Applicants should realistically anticipate a 4–12 week window from application to visa issuance.
🟩 Key Requirements for Form DS-156E
To complete and file Form DS-156E successfully, the applicant must meet the following conditions:
Treaty Country Nationality
The applicant must be a national of a country that maintains an E visa treaty with the U.S.
Trade or Investment
For E-1 visas: There must be substantial trade primarily between the U.S. and the treaty country.
For E-2 visas: A substantial monetary investment must be made into a bona fide U.S. enterprise.
Active Involvement
The applicant must be coming to the U.S. to develop and direct the business (or be an essential employee).
Intent to Depart
Applicants must show they intend to leave the U.S. when their E-1 or E-2 status expires.
🟩 Required Supporting Documents
To substantiate Form DS-156E, the following documents are typically required:
🟩 Business Registration Documents Articles of incorporation, partnership agreements, operating agreements, and licenses.
🟩 Business Plan A 5-year plan that includes executive summary, market analysis, financial forecasts, and hiring plans.
🟩 Financial Documents Balance sheets, income statements, profit & loss reports, bank statements, and tax returns.
🟩 Proof of Substantial Investment (E-2) Investment receipts, asset transfers, capital equipment lists, lease agreements.
🟩 Evidence of Treaty Nationality Passport or national ID confirming citizenship of a treaty country.
🟩 Job Descriptions and Resumes Details of roles for executives or key personnel.
🟩 Ownership Breakdown Ownership chart showing that at least 50% of the company is owned by nationals of the treaty country.
🟩 Exit Strategy or Proof of Ties Abroad Proof that applicant intends to return home (property deeds, employment contracts, family documents).
🟩 Application Process for Form DS-156E
Step 1: Complete the DS-160 Form
Start by filling out the general Form DS-160 online. This is a prerequisite for all nonimmigrant visa applicants.
Step 2: Download and Fill Out DS-156E
Download the latest Form DS-156E from the Department of State’s website. It must be completed in English and signed.
Step 3: Gather Supporting Documents
Compile a comprehensive package including company information, ownership structure, business plans, and personal documents.
Step 4: Pay the Visa Fee
Pay the $315 fee via the designated method for the U.S. embassy or consulate handling your application.
Step 5: Book a Visa Interview
Schedule a visa interview at your nearest U.S. embassy or consulate. Slots can fill up quickly, so early booking is advised.
Step 6: Attend the Interview
Bring printed copies of DS-156E, DS-160 confirmation, and all supporting documents. Be prepared for an in-depth discussion about your trade or investment.
Step 7: Await Processing
The consulate will process your application post-interview. You may be asked to submit additional evidence.
Step 8: Visa Approval and Entry
If approved, your passport will be stamped with the E-1 or E-2 visa, and you may enter the U.S. to engage in your business activity.
🟩 Filing Tips from TRW Law Firm
✅ DO:
🟩 Double-check treaty country eligibility before filing. 🟩 Prepare a strong, detailed business plan—preferably reviewed by financial and legal experts. 🟩 Clearly show capital at risk (for E-2) or documented trade activity (for E-1). 🟩 Label and index all submitted documents for the consular officer’s ease.
❌ DON’T:
🟩 Submit vague or overly optimistic revenue projections. 🟩 Underestimate the importance of documenting job creation. 🟩 Assume previous U.S. visa approvals will influence this decision. 🟩 Submit without legal review if large investments or complex ownership structures are involved.
🟩 E Visa Duration and Extensions
Initial E-1 and E-2 visas are generally valid for up to two years.
Extensions may be granted in two-year increments, with no limit on renewals as long as qualifications remain.
You must maintain the qualifying business and continue to meet treaty requirements.
🟩 DS-156E FAQs
Can my family accompany me?
🟩 Yes. Spouses and unmarried children under 21 can receive derivative E visas. 🟩 Spouses may also apply for work authorization (EAD).
How long can I stay in the U.S. on this visa?
🟩 Up to 2 years per stay, renewable indefinitely if the business continues to qualify.
Can an E-1 or E-2 visa lead to a green card?
🟩 Not directly. However, many E visa holders later adjust status through:
EB-5 Immigrant Investor visa
EB-1A (extraordinary ability)
EB-2 NIW (National Interest Waiver)
Family-based sponsorship
What is the E-3 visa?
🟩 The E-3 visa is exclusively for Australian nationals working in specialty occupations. It is similar to the H-1B visa but has its own classification and cap.
🟩 Common Reasons for Denial
🟥 Inadequate investment or trade volume 🟥 Weak or unrealistic business plan 🟥 Ownership of the company not clearly traced to treaty nationals 🟥 Intent to depart not demonstrated 🟥 Suspicion of marginal enterprise (not economically viable)
🟩 Why Work with TRW Law Firm?
Navigating the E-1 and E-2 visa process requires a nuanced understanding of U.S. immigration law, business structuring, international treaties, and consular practices. TRW Law Firm offers:
🟩 Business immigration strategy consultation 🟩 Document preparation and legal review 🟩 Embassy interview coaching 🟩 Ongoing compliance advisory for visa renewals
Whether you are a solo investor or a multinational executive, TRW Law Firm is your trusted legal architect for cross-border success.
Conclusion
Form DS-156E is a powerful gateway to operating a U.S.-based enterprise as a treaty trader or investor. But its success hinges on careful preparation, proper documentation, and expert legal strategy. From understanding the treaty basis of your visa to ensuring accurate form filing and interview readiness, every step matters.
Let TRW Law Firm guide you toward building your American business dream—one page, one plan, one visa at a time.
A Comprehensive Guide to the DS-4079 Form and U.S. Citizenship Relinquishment
Prepared by TRW Law Firm – Your Global Immigration & Nationality Experts
Introduction to DS-4079
The DS-4079, officially titled “Request for Determination of Possible Loss of United States Nationality,” is a crucial document used by the U.S. Department of State to evaluate whether an individual has voluntarily and intentionally relinquished U.S. citizenship. Whether triggered by specific conduct abroad or submitted voluntarily by a U.S. citizen seeking expatriation, this form serves as the linchpin in determining if a person retains or has lost their American nationality.
In this in-depth TRW Law Firm guide, we cover the context, filing procedures, implications, and potential outcomes associated with submitting the DS-4079. Our experienced immigration attorneys provide the legal clarity and strategic insight needed to navigate this sensitive and impactful legal decision.
■ What Is DS-4079?
The DS-4079 is used in two primary scenarios:
■ When the U.S. government needs to determine whether a person has lost U.S. nationality by performing an “expatriating act” under the Immigration and Nationality Act (INA).
■ When a U.S. citizen voluntarily seeks to renounce their American citizenship.
This form is not to be confused with DS-4080 (Oath of Renunciation) or DS-4081 (Statement of Understanding), although they are used in the same process of formal expatriation. DS-4079 serves as the investigative backbone of the renunciation process and is mandatory in either scenario.
■ Legal Background: How Citizenship Can Be Lost
Under Section 349(a) of the Immigration and Nationality Act (8 U.S.C. §1481(a)), a U.S. citizen may lose nationality by voluntarily committing one of several expatriating acts, including:
■ Obtaining naturalization in a foreign country after the age of 18 ■ Taking an oath or declaration of allegiance to a foreign state ■ Serving in the armed forces of a foreign country engaged in hostilities against the U.S. ■ Accepting employment with a foreign government if one has the nationality of that country or if a declaration of allegiance is required ■ Formally renouncing U.S. nationality before a U.S. diplomatic or consular officer outside the U.S.
Critically, intent is a determining factor. A person must have voluntarily and with the intention of relinquishing U.S. citizenship committed the act. This is where the DS-4079 becomes indispensable.
■ Who Should File DS-4079?
Individuals Uncertain About Their Status
If you have acquired foreign citizenship, served a foreign government, or engaged in other potentially expatriating acts, but you are uncertain if you’ve lost your U.S. citizenship, the DS-4079 helps the Department of State assess your intent and decide your status.
Individuals Seeking Formal Renunciation
If you are voluntarily giving up U.S. citizenship, the DS-4079 is the starting point. Without this form, the renunciation process cannot legally proceed.
■ Consequences of Renouncing U.S. Citizenship
The implications of expatriation are significant. Before initiating the DS-4079 process, applicants should be aware of the following:
■ No Automatic Reversal: Renunciation is irrevocable (except under extremely rare circumstances). ■ No Automatic Visa Privilege: You do not gain automatic rights to travel to or reside in the U.S. once your citizenship is lost. You must apply for a visa like any other foreign national. ■ Exit Tax: High-net-worth individuals may face an expatriation tax under the Expatriation Tax Regime (IRC §877A). ■ Loss of U.S. Benefits: You may lose access to Social Security (in certain situations), Medicare, and federal employment opportunities. ■ Inheritance & Tax Planning: Estate and gift tax rules for covered expatriates can be particularly burdensome.
Consulting a qualified attorney is essential before taking this irrevocable step.
■ Filing Process for DS-4079
Step 1: Download and Complete the Form
The DS-4079 is available online on the U.S. Department of State website. The form requests details on:
■ U.S. and foreign citizenship status ■ Date and place of birth ■ Family background and connections to the U.S. ■ Employment history (including foreign governments) ■ Military service (domestic or foreign) ■ Oaths of allegiance ■ Intent when performing expatriating acts
Step 2: Gather Supporting Documents
You must provide original or certified copies of the following:
■ U.S. passport, certificate of naturalization, or birth certificate ■ Foreign passport(s) or evidence of foreign nationality ■ Proof of foreign government service (if applicable) ■ Documentation supporting a name change
Step 3: Schedule an Appointment
Contact your local U.S. Embassy or Consulate to schedule an appointment with a consular officer. You will be required to:
■ Present your completed DS-4079 and supporting documents ■ Possibly sign DS-4080 and DS-4081 ■ Submit a sworn Statement of Voluntary Relinquishment of U.S. Citizenship
Step 4: Interview with Consular Officer
The consular officer will:
■ Evaluate your documents ■ Ask questions about your intent ■ Possibly request additional information or clarification
The officer will then forward your case to the Department of State in Washington, D.C., for a final determination.
■ What Happens After Filing?
Once the Department of State receives your case:
■ It will conduct a legal review to assess whether your actions, combined with your intent, meet the threshold for loss of citizenship.
■ If approved, you will receive a Certificate of Loss of Nationality (CLN).
■ Your name will be published in the Federal Register, as required by law.
This process can take several months to over a year, depending on case complexity and consular backlog.
■ Fees and Processing Time
■ The U.S. government currently charges $2,350 USD for processing renunciation cases. ■ Timeframe: Typically 6 to 12 months, though timelines vary by post.
■ Dual Nationality and Renunciation
The U.S. allows dual nationality, but it does not encourage it. Some individuals seek to renounce U.S. citizenship to avoid dual obligations (e.g., taxation or military service in another country). Filing the DS-4079 is often the first step in such cases.
However, remember:
■ Renouncing U.S. citizenship does not automatically grant foreign nationality—you must already possess or have arranged foreign citizenship to avoid statelessness.
■ Special Considerations
Children and Minors
A child under 18 generally cannot renounce citizenship unless:
■ They are at least 16 ■ They demonstrate full comprehension ■ The consular officer is satisfied that the minor’s decision is voluntary and informed
Mental Capacity
Renunciation is only accepted if made voluntarily, without coercion, and with full understanding. Individuals with diminished capacity may not be permitted to renounce citizenship.
Renunciation for Tax Purposes
Attempting to renounce solely to avoid U.S. tax may result in complications. The IRS continues to have reporting and enforcement powers related to assets or income accrued prior to expatriation.
■ Alternatives to Renunciation
For those concerned about dual obligations or tax reporting, renunciation is not the only option:
■ Streamlined Tax Compliance: This IRS program helps resolve non-compliance without penalties. ■ Foreign Earned Income Exclusion (FEIE): Avoid double taxation through tax credits. ■ Citizenship Retention: Some opt to retain U.S. citizenship for family, business, or travel convenience, while limiting their presence in the U.S.
■ Legal Assistance from TRW Law Firm
TRW Law Firm regularly advises clients from around the world on matters of dual citizenship, tax compliance, renunciation, and expatriation. We help:
■ Review the implications of expatriating acts ■ Prepare and file Form DS-4079 ■ Schedule and prepare for embassy interviews ■ Respond to follow-up requests from consular officers ■ Mitigate risks related to exit tax, Social Security, and IRS obligations
We ensure your rights are protected throughout the process and help you complete expatriation with legal clarity and peace of mind.
■ Conclusion
Filing the DS-4079 is a serious legal step with lifelong consequences. Whether you are unsure of your nationality status due to past actions, or you are voluntarily renouncing U.S. citizenship, this form is central to the process. With proper guidance, particularly from experienced attorneys at TRW Law Firm, you can make informed decisions and take the appropriate actions based on your individual circumstances.
■ Summary Table: DS-4079 at a Glance
Topic
Details
Purpose
Determine loss of U.S. citizenship or initiate voluntary renunciation
Legal Basis
INA Section 349(a), 8 U.S.C. §1481(a)
Filing Authority
U.S. Department of State, Bureau of Consular Affairs
Required Appointment
Yes, at a U.S. Embassy or Consulate
Supporting Documents
Passport, birth certificate, foreign IDs, proof of expatriating acts
Interview Required
Yes, with a consular officer
Processing Time
6-12 months (approx.)
Government Fee
$2,350 USD
Certificate Issued
Certificate of Loss of Nationality (CLN)
Legal Implications
Exit tax, loss of benefits, travel restrictions
TRW Legal Support
Full-spectrum expatriation legal services
Contact TRW Law Firm
For personalized legal assistance with Form DS-4079 and expatriation matters:
HOW TO APPLY TO RECEIVE DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA) By TRW Law Firm
🌐 Overview
Form I-821D is used to apply for or renew Deferred Action for Childhood Arrivals (DACA), a policy that allows eligible undocumented individuals who arrived in the U.S. as children to request consideration for deferred action from deportation. It does not provide lawful status, but it can protect you from removal and grant eligibility for a work permit.
DACA is administered by U.S. Citizenship and Immigration Services (USCIS) and governed by prosecutorial discretion. While the policy has faced legal challenges, individuals previously approved for DACA may still apply for renewal.
🔒 Legal Basis and Eligibility Criteria
Initial Applications (currently on hold per court ruling)
To qualify for an initial DACA request, you must:
Have arrived in the U.S. before your 16th birthday
Have continuously resided in the U.S. since June 15, 2007
Be under age 31 as of June 15, 2012
Have been physically present in the U.S. on June 15, 2012
Be in school, graduated, obtained a GED, or honorably discharged from the military
Have no felony or significant misdemeanors, and not pose a threat to national security
🚨 Note: As of July 16, 2021, a federal court has barred USCIS from approving new initial DACA applications. However, renewals are still accepted.
Renewal Applications
To be eligible for renewal, you must:
Not have departed the U.S. on or after August 15, 2012, without advance parole
Have continuously resided in the U.S. since your last DACA approval
Have not been convicted of disqualifying offenses
📆 Step-by-Step Process to File Form I-821D
Step 1: Gather Required Forms
All applicants (new or renewal) must file:
Form I-821D (Consideration of Deferred Action for Childhood Arrivals)
Form I-765 (Application for Employment Authorization)
Form I-765WS (Worksheet explaining your economic need)
Step 2: Complete Form I-821D
This form includes the following parts:
Part 1: Information About You
Name, date of birth, gender, and other identifying details
Whether applying for initial or renewal DACA
Part 2: Residence and Travel History
Details of U.S. residence since arrival
List of all travel abroad (if applicable)
U.S. military service (if any)
Part 3: Arrival Information (Initial applicants only)
Date, method, and location of first entry into the U.S.
Part 4: Criminal and Security Information
Must disclose any criminal history or public safety concerns
Part 5: Applicant’s Certification and Signature
A signed declaration that all information is truthful and correct
Part 6: Interpreter Information (if applicable)
Required if a third party assists with language translation
Part 7: Preparer Information (if prepared by someone other than applicant)
Often completed by an attorney
Part 8: Additional Information
Use for overflow or clarification
📄 Supporting Documents
For Initial Applications:
Proof of identity (e.g., passport, birth certificate)
Proof of arrival before age 16 (e.g., school or medical records)
Proof of continuous residence since June 15, 2007
School transcripts or GED certificates
Military discharge papers (if applicable)
Documentation of presence in the U.S. on June 15, 2012
For Renewals:
Proof of prior DACA approval
Updated biographical information
Evidence only required if circumstances have changed or if:
Applicant is in deportation proceedings
Has criminal charges or convictions
Translation Requirement:
All documents not in English must be submitted with certified translations.
💸 Fees and Payment
Form I-821D: No fee
Form I-765 + Biometrics Fee: $520 total
Fees must be submitted by check, money order, or credit card (using Form G-1450) and included with your application package.
⏳ Processing Time
Average Processing Time: Approximately 6 months
May vary based on application load, complexity, or administrative delays
📢 What Happens After Filing?
Receipt Notice: USCIS sends a Form I-797 receipt notice acknowledging submission.
Biometrics Appointment: You may be asked to attend a USCIS office for fingerprints, photo, and signature.
Request for Evidence (RFE): USCIS may ask for additional documents.
Interview: Rare for renewals, but possible if there are inconsistencies.
Approval or Denial: Decision is made based on a case-by-case review. All outcomes are sent in writing.
⚠️ Denials cannot be appealed. However, denials will generally not result in referral to Immigration and Customs Enforcement (ICE) unless the applicant is a threat to public safety.
🚀 Filing Location
Filing addresses depend on your state of residence. Applicants must consult the USCIS I-821D instructions or the USCIS website for the appropriate lockbox or service center mailing address.
📖 Frequently Asked Questions (FAQs)
Q1: Can I file Form I-821D online?
Yes. As of 2023, applicants renewing DACA may file I-821D and associated forms online via their USCIS online account.
Q2: What if I made a mistake on my form?
If USCIS has not processed your form yet, you can resubmit with corrections. If already submitted, you may receive an RFE or rejection notice.
Q3: Can DACA holders travel abroad?
Yes, but only with an Advance Parole document. You must apply and receive approval before traveling.
Q4: Is legal assistance required to file Form I-821D?
Not required, but highly recommended. Errors or omissions can delay processing or lead to denial.
📈 Summary Table
Section
Details
Eligibility
Came to U.S. before 16, present since 2007, no felonies
Forms Required
I-821D, I-765, I-765WS
Fee
$520 (I-765 only)
Processing Time
6 months (average)
Supporting Docs
Proof of residence, age, education, DACA status (renewals)
Where to File
USCIS service center by state or online
Appeal Option
None, decisions are final
💬 Contact TRW Law Firm for DACA Legal Support
If you or a loved one are seeking to apply for DACA or renew your deferred action, let our experienced U.S. immigration team assist you.
Common Immigration and Naturalization Forms and Fees in 2025
By TRW Law Firm
🌐 Introduction
Applying for immigration benefits in the United States requires the completion and submission of various official forms issued by U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State. Whether you are applying for a green card, K-1 fiancé visa, employment authorization, or naturalization, each benefit requires specific forms, each with their own fees and timelines.
In this guide, TRW Law Firm provides a complete overview of common immigration and naturalization forms and their fees as of 2025, with important updates, tips, and filing recommendations.
👨💼 Recent USCIS Fee Increases and Their Impact
As of 2024, USCIS implemented increased filing fees for most immigration applications. These fee hikes have significantly impacted:
🟩 Marriage-based green card applicants (Forms I-130, I-485) 🟩 K-1 fiancé visa applicants (Form I-129F) 🟩 Employment-based green cards and investor petitions (Form I-140, I-526) 🟩 Naturalization applicants (Form N-400)
Understanding these costs is essential for budgeting and choosing the right immigration pathway.
📅 Green Card Applications & Associated Forms
💼 Marriage Green Card (Forms I-130 + I-485)
Purpose: Gain lawful permanent residence through marriage
Who Files: The foreign spouse
Total Fee (2025):$3005
Form
Description
Fee
I-130
Petition for Alien Relative
$675
I-485
Application to Register Permanent Residence
$1440
I-765
Application for Employment Authorization
$520
I-131
Advance Parole Request
$630
💍 K-1 Fiancé Visa
Form: I-129F (Petition for Alien Fiancé(e))
Purpose: Bring a foreign fiancé(e) to the U.S. for marriage
Fee:$675
🏛️ CR-1 / IR-1 Spousal Visa (Consular Processing)
Form
Description
Fee
I-130
Family Sponsorship Petition
$675
DS-260
Immigrant Visa Application
$325
Total
$1000
🇺🇸 U.S. Citizenship Forms & Fees
Form
Purpose
Fee
N-400
Application for Naturalization
$760
N-336
Request for Hearing on Denied Naturalization
$830
N-600
Certificate of Citizenship (after naturalization)
$1385
N-600K
Citizenship for child abroad with U.S. parent
$1385
N-565
Replacement Naturalization Certificate
$555
N-470
Preserve Residence During Long Absence
$420
DS-117
Returning Resident Visa
$180
N-648
Disability Waiver for Civics & English Test
$0
🏠 Adjustment of Status (AOS)
Form
Purpose
Fee
I-485
Adjust to lawful permanent resident (AOS)
$1440 (or $950 if under 14)
I-693
Medical Exam (submitted by civil surgeon)
$0
I-485 Supplement A
Section 245(i) Adjustment Fee
$1000
📖 Employment Authorization & Travel
Form
Purpose
Fee
I-765
Employment Authorization Document (EAD)
$520
I-131
Advance Parole (Travel while AOS pending)
$630
I-131 (Reentry Permit)
Travel outside U.S. over 1 year
$575
🌐 Common Green Card Forms
Form
Purpose
Fee
I-130A
Spousal Biographic Information
$0
I-864
Affidavit of Support
$0
I-864A
Contract Between Sponsor & Household Member
$0
I-751
Removal of Conditions on Residence (after 2 years)
$750
I-551
Green Card Stamp (evidence of permanent residence)
$0
I-90
Replace or Renew Green Card
Varies
📃 Additional Immigration Forms
Form
Purpose
Fee
I-589
Application for Asylum & Withholding of Removal
$0
I-134
Declaration of Financial Support (temporary visas)
$0
I-821D
Consideration for DACA
$0
I-360
Widow(er), Amerasian, or Special Immigrant
$515
I-140
Immigrant Petition for Alien Worker
$715
I-129
Petition for Nonimmigrant Worker
Varies
I-526
EB-5 Investor Petition
$11,160
I-212
Reapply After Deportation or Removal
$1175
I-824
Action on Approved Application or Petition
$590
I-539
Extend/Change Nonimmigrant Status
$470
🔎 Other USCIS Forms & Notices
Form
Purpose
Fee
G-28
Notice of Attorney Representation
$0
G-1145
Email/Text Notification for Form Receipt
$0
G-1450
Credit Card Authorization
$0
AR-11
Change of Address
$0
I-865
Sponsor’s Change of Address
$0
I-912
Request for Fee Waiver
$0
I-942
Request for Reduced Fee
$0
DS-160
Online Nonimmigrant Visa Application
$0
DS-156E
E-1/E-2 Visa Trader/Investor Application
$0
ℹ️ Helpful Notes
🔹 Always use the most updated forms directly from the USCIS website 🔹 Double-check filing fees, as they may vary or increase mid-year 🔹 Combine forms when filing AOS to save on fees (e.g., I-765 + I-131) 🔹 Fee waivers are available for low-income applicants filing specific forms
🚪 TRW Law Firm: Your Strategic Immigration Partner
At TRW Law Firm, we simplify U.S. immigration through:
🟩 Comprehensive form preparation and review 🟩 Government fee tracking and payment scheduling 🟩 Strategic planning for green card and citizenship paths 🟩 Support in fee waivers, joint sponsorship, and RFEs
A Step-by-Step Guide to California’s Nonresident Tuition Exemption for Undocumented Students
By TRW Law Firm – U.S. Immigration & Education Compliance Practice Last Updated: March 6, 2025
Introduction
In California, undocumented students and certain nonresidents face significant barriers to accessing affordable higher education. However, thanks to Assembly Bill 540 (AB 540), eligible students can receive exemption from nonresident tuition fees and pay in-state rates at California public colleges and universities. This provision is critical for those who have built their lives in California but lack legal immigration status.
At the heart of this opportunity is the AB 540 Affidavit, a legal document students must submit to affirm eligibility for the tuition exemption. In this comprehensive guide, TRW Law Firm walks you through everything you need to know about the AB 540 Affidavit—from eligibility and the application process to document requirements, timelines, and what to do if your application is denied.
What Is the AB 540 Affidavit?
The AB 540 Affidavit, also called the California Nonresident Tuition Exemption Request, is a signed declaration used to request in-state tuition rates at California State University (CSU), University of California (UC), and California Community Colleges (CCC). It is based on California Assembly Bill 540, passed in 2001 and later amended by SB 68 and AB 2000, which expanded eligibility to a wider group of students.
This affidavit affirms that the student:
Attended a California high school (or equivalent institution) for a minimum of three years,
Graduated from a California high school (or obtained a GED), and
Intends to legalize their immigration status as soon as eligible.
It is not an immigration document; rather, it is an educational affidavit that qualifies certain nonresidents to pay resident tuition rates.
Who Should Submit the AB 540 Affidavit?
The AB 540 Affidavit is designed for students who meet both educational and residency-based criteria. Applicants often fall into one of the following categories:
✅ Undocumented or DACA Students
Students without lawful immigration status or those granted Deferred Action for Childhood Arrivals (DACA) may qualify for AB 540 tuition benefits, as long as they meet all the educational and residency requirements.
✅ U.S. Citizens and Green Card Holders Returning from Abroad
Even students who are U.S. citizens or lawful permanent residents but graduated high school abroad may qualify if they completed three years of California schooling (e.g., adult school, community college) prior to obtaining their diploma.
✅ Temporary Visa Holders and Others
In some cases, nonimmigrant visa holders, such as those with F-1 or H-4 status, may also qualify if they meet the educational requirements. However, each college or university will assess eligibility on a case-by-case basis.
Eligibility Requirements for AB 540
To be eligible, you must meet both an educational requirement and a residency requirement. You must also submit the AB 540 Affidavit, attesting to your intention to legalize your immigration status when eligible.
Educational Criteria
You must meet at least one of the following:
🟩 Attended a California high school for at least three full years, and graduated or earned a GED 🟩 Completed three years of high school, adult school, or community college coursework in California 🟩 Earned credits from a combination of California schools totaling three years, and received a California-issued diploma or equivalent
Residency & Immigration Criteria
🟩 Must be a resident of California 🟩 Must currently reside in California 🟩 Must sign an affidavit stating intent to apply for legal immigration status as soon as eligible
This affidavit is legally binding and will be retained in the student’s file.
How to File the AB 540 Affidavit
Step 1: Get the Right Form
Visit your institution’s website or admissions office to obtain the AB 540 Affidavit. Some schools may label it as the “California Nonresident Tuition Exemption Form.”
Each campus may use slightly different formats, but all versions request the same core information.
Step 2: Complete the Affidavit
You’ll be required to provide:
Personal details (name, date of birth, student ID)
School attendance history in California
Graduation date and institution
Statement of intent to legalize immigration status
Signature and date
Be sure to complete the form honestly and legibly. Providing false information may jeopardize your educational standing or future immigration benefits.
Step 3: Submit the Form
Submit the completed form to the admissions or registrar’s office of the institution you’re attending or applying to. Some schools accept email or online submission, while others require in-person or mailed submission.
Always keep a copy for your records.
When to Submit the AB 540 Affidavit
You should submit your AB 540 affidavit:
When you apply for admission to a California public college or university, or
When you apply for financial aid, especially via the California Dream Act Application (CADAA)
⏰ Most campuses require the form before the start of the academic term. Deadlines may coincide with admissions or financial aid deadlines. Check with your institution for specific dates.
What Supporting Documents Are Required?
To support your affidavit, you may be required to submit additional documents:
Document
Purpose
California high school diploma or GED
Proof of graduation
Official transcripts
Proof of three years of CA attendance
Proof of CA residency (optional)
Utility bills, lease agreements, tax returns
DACA or immigration paperwork (optional)
Not mandatory but may support case
Each campus may request additional documentation or verification. Submit only copies unless original documents are specifically requested.
Cost to File
The AB 540 affidavit is free to submit. However, you are still responsible for:
Standard college admissions application fees
Any costs related to obtaining transcripts or other documentation
Many California schools waive application fees for eligible low-income or undocumented students. Contact your school’s admissions or financial aid office to inquire about a fee waiver.
What Happens After You Submit the Affidavit?
Once submitted, the following steps generally occur:
Admissions or registrar’s office reviews your form and documentation
If approved, your tuition classification is updated to reflect in-state residency
If applying for financial aid via CADAA, eligibility for Cal Grants or other state aid may be enhanced
You will receive confirmation of your tuition status as part of your admissions or billing package
California Dream Act Integration
The AB 540 affidavit often works hand-in-hand with the California Dream Act, which provides state-funded financial aid for undocumented and nonresident students.
To benefit from both:
Submit the AB 540 affidavit to your institution
Submit the CADAA form (not FAFSA) to the California Student Aid Commission
Deadline: March 2 each year for most financial aid programs.
Key Legal Updates
Since its original passage, AB 540 has been expanded through the following amendments:
AB 2000 (2014): Extended eligibility to students who completed three years of elementary or secondary school in California.
SB 68 (2017): Included adult schools and California community colleges in the “three years of attendance” requirement.
Common Pitfalls to Avoid
✅ Submitting the form too late (after term starts) ✅ Failing to include transcripts or supporting evidence ✅ Using outdated versions of the form ✅ Assuming eligibility without confirming high school or attendance history ✅ Not checking each institution’s specific process
AB 540 and Immigration Status
AB 540 does not grant legal immigration status. It merely allows undocumented or nonresident students who meet California-based criteria to access more affordable tuition.
The affidavit includes a statement of intent to legalize your immigration status once eligible, which is a formal declaration—not an application for any immigration benefit.
AB 540 FAQs
Can I file the AB 540 Affidavit after getting admitted?
Yes. Many schools allow post-admission submissions. However, early submission ensures your tuition is classified correctly and that you don’t miss out on state aid.
What if I already have DACA status?
You may still benefit from AB 540. DACA doesn’t automatically qualify you for in-state tuition, but your education and residence history might.
Is there an appeal process if I’m denied?
Yes. Contact your admissions or registrar’s office for a formal appeal or request for reconsideration. Often, denials are due to missing documents or errors on the form.
Can legal permanent residents use the AB 540 affidavit?
In rare cases, yes. If a green card holder recently received lawful status but otherwise meets the AB 540 education requirements, the form may still apply.
Timeline Summary
Step
Action
Timeline
Apply for Admission
Submit college application
Fall/Spring semester deadline
Download & Fill AB 540
Get from school’s website
Immediately after applying
Submit Affidavit
To admissions or registrar
Before semester begins
Submit CADAA (if needed)
To California Student Aid Commission
By March 2
Document Review
Institution evaluates eligibility
2–4 weeks
Notification
Eligibility for in-state tuition
Sent with admission/billing
Summary Table: AB 540 Affidavit at a Glance
Feature
Details
What It Does
Allows eligible students to pay in-state tuition
Who It Helps
Undocumented, DACA, and certain nonresidents
Eligibility
3 years of CA school + CA diploma or GED
Fee
Free to file
Submission Time
With admission or financial aid application
Required Docs
Transcripts, diploma, residency proof
Where to File
School’s admissions or registrar’s office
Works With
California Dream Act Application (CADAA)
Legal Effect
Does not change immigration status
Appeal Process
Yes, through school admin office
Final Thoughts from TRW Law Firm
At TRW Law Firm, we recognize the transformative power of higher education—especially for undocumented students and immigrant families. The AB 540 Affidavit is a gateway to affordable education and a more stable future. Understanding its requirements, your eligibility, and the process can help you or your loved ones seize this important opportunity.
If you’re unsure about your eligibility, need help navigating tuition classification, or have legal questions related to DACA or immigration petitions, our immigration attorneys can guide you with compassion and clarity.
