State or Federal apostille

Most people who are told they “need an apostille” are not told which one. That missing detail is the reason many applications are rejected or delayed. This confusion usually comes down to understanding the difference between a state vs federal apostille.

There are two completely different types of apostilles — state and federal — and they are issued by different authorities for different documents. Choosing the wrong one often leads to rejection, lost processing time, and having to start over.

This page explains how to tell which apostille applies to your document before you submit anything.

Why This Difference Causes So Many Problems

In practice, people usually hear one of the following:

• “You need an apostilled background check.”
• “Your document must be apostilled for overseas use.”
• “The embassy requires an apostille.”

What they don’t hear is whether the apostille must be federal or state.

Because agencies often don’t specify which apostille they mean, applicants fill in the blanks themselves. Many assume:

• “Government document” automatically means federal
• Any background check can receive a federal apostille

Both assumptions are often wrong.

For apostille purposes, what matters is the issuing authority, not how official the document feels.

Many international authorities also require the document to be readable in their official language. Even if you obtain the correct apostille, your document may still need a certified translation to be accepted. Learn when both authentication and translation are required in our guide to apostille certified translation requirements.

State vs Federal Apostille: What a Federal Apostille Actually Is

A federal apostille is issued by the U.S. Department of State.

It applies only to documents that are issued by a true federal authority and are eligible under Department of State rules.

Documents That Qualify for a Federal Apostille

• FBI Identity History Summary (FBI background check)
• U.S. Certificate of Naturalization
• IRS Form 6166
• FDA documents (Certificate of Free Sale, Certificate to Foreign Government, etc.)
• National Archives documents
• Other records issued directly by federal agencies

If your document falls into one of these categories, a federal apostille is usually required.

Important: In order to be processed by the U.S. Department of State for a federal apostille, the document must bear an original signature and seal from the issuing federal agency.

If your document doesn’t meet this criteria, a federal apostille is not an option, even if the document appears official or comes from a government source.

If you are unsure whether your FBI background check qualifies for a federal apostille, it is important to confirm that it was issued as an official FBI Identity History Summary. For a breakdown of how different FBI background check formats are issued, see our comparison of electronic FBI background checks vs. FD-258 fingerprint submissions.

What a State Apostille Is (and When It Applies Instead)

A state apostille is issued by the Secretary of State in the state where the document originates.

In California, this means the California Secretary of State.

State apostilles apply to:

• State-issued documents
• Local government documents
• Private documents (after proper notarization)

For private documents, the notarization step is what makes the document eligible for a state apostille.

Documents That Commonly Require a State Apostille

• Social Security benefit letters
• Government pension letters
• Employment verification letters
• Powers of attorney
• Corporate documents
• Affidavits and sworn statements

Even though some of these documents come from government agencies, they are not considered federal documents for apostille purposes.

Common Mistake: Assuming “Government Document” Means Federal

This is one of the most frequent points of confusion.

For apostille purposes:

• “Federal” does not mean “issued by any government agency.”
• It means issued by an authority recognized by the U.S. Department of State as a federal record.

Because of this distinction:

• Social Security benefit letters do not qualify for federal apostilles
• Pension letters do not qualify
• Fingerprint cards do not qualify

When a document cannot receive a federal apostille, it must usually be:

1. Notarized, and then
2. Submitted for a state apostille

To better understand how notarization fits into this process, see our explanation of
the difference between notarization and apostille.

How to Tell Which Apostille You Need (Quick Guide)

• FBI Identity History Summary
  → Federal apostille
• U.S. Certificate of Naturalization
  → Federal apostille
• IRS Form 6166
  → Federal apostille
• FDA documents (Certificate of Free Sale, Certificate to Foreign Government, etc.)
  → Federal apostille
• National Archives documents
  → Federal apostille
• Federal letters without an official signature and seal, benefit letters, pension letters, or private documents
  → Notarization → State apostille

If you are unsure whether a document qualifies as federal, it is important to confirm this before submitting anything.

What Happens If You Choose the Wrong Apostille

• Rejection by the Secretary of State or Department of State
• Lost processing time (often weeks)
• Missed visa, employment, or relocation deadlines
• The need to redo notarization or document preparation

Most of these delays are avoidable once the correct apostille path is identified.

Related Situations People Often Confuse

• If you’re unsure whether notarization is required before an apostille, see our guide on Notarization vs apostille
• Apostille vs legalization for non-Hague countries
• When notarization is required before a state apostille

Each of these affects how your document must be prepared and submitted.

Next Steps

If you’ve been told you need an apostille but are unsure whether it must be state or federal, the safest approach is to confirm this before submitting your document.

In many cases, determining the correct apostille type is the most important step in the entire process.