Federal vs. State Apostille: Which One Does Your Document Actually Need?
This is the single most misunderstood part of the whole process — and getting it wrong is the fastest way to lose a week or more. The rule is simple once you know it: who issued the document decides who apostilles it. Federal documents go to the U.S. Department of State; state documents go to a state Secretary of State. Here's how to tell them apart every time.
The core rule
State/county issuer → state apostille (the Secretary of State of the issuing state).
The authenticating authority verifies the signature of the official who signed your document. A federal official's signature can only be verified federally; a state official's signature can only be verified by that state. That's why the issuer — not the destination country, and not your home state — determines the track.
Documents that go the FEDERAL route
- FBI Identity History Summary (background check)
- Social Security Administration (SSA) benefit/verification letters
- Department of Veterans Affairs (VA) benefit letters
- IRS documents — tax return transcripts, Form 6166 residency certification, EIN/147C letters
- Military records such as the DD-214
- USCIS documents and naturalization-related records
- FDA Certificates to Foreign Government and other federal agency certificates
Documents that go the STATE route
- Birth, marriage, and death certificates (state/county vital records)
- Diplomas and transcripts (notarized or registrar-certified)
- Powers of attorney, affidavits, and other notarized documents
- Court orders (e.g., divorce decrees, name changes) and corporate documents
- Driver's license or other state-issued record copies
The tricky middle ground
A few situations cause real confusion — and we see all of them:
Federally issued documents taken "state-level"
Sometimes a federal document (like an SSA or VA letter) is presented to a notary and processed as a state document via a notarized copy-certification. This can be valid, but it's a different path with different requirements. If you're unsure, ask before you file.
Certificates of Free Sale and export documents
These can be either federal (FDA-issued) or state/chamber-issued/notarized, depending on how they were produced. The issuer determines the track — don't assume.
A diploma from one state, mailed from another
A diploma is apostilled by the state where it was notarized/certified — not where you currently live or where you're mailing from. A Pennsylvania diploma needs Pennsylvania, even if you now live in California.
| Document | Usual track | Authority |
|---|---|---|
| FBI background check | Federal | U.S. Dept. of State |
| SSA / VA letter | Federal | U.S. Dept. of State |
| IRS transcript / Form 6166 | Federal | U.S. Dept. of State |
| Birth / marriage certificate | State | Secretary of State (issuing state) |
| Diploma / transcript | State | Secretary of State (state of notarization) |
| Court order / POA | State | Secretary of State (issuing state) |
Authoritative references: the U.S. Department of State's Office of Authentications handles federal documents; each state's Secretary of State handles its own records.
Frequently Asked Questions
Does my home state apostille my FBI check?
No. The FBI check is federal, so it's authenticated by the U.S. Department of State regardless of where you live.
Where do I apostille a birth certificate?
At the Secretary of State of the state that issued it — not necessarily the state you live in now.
My diploma is from a different state than I live in — which one?
The state where it was notarized or certified. A diploma from Pennsylvania is apostilled by Pennsylvania even if you live elsewhere.
Can a federal document be done at the state level?
Sometimes, via a notarized copy-certification, but it's a different process. Ask first so you don't file on the wrong track.
Send it to us — we'll identify the right authority and handle it end to end. Ask our team or start your order.
