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State vs. federal apostille: which one do you need?

By Frank MetayerUpdated August 4, 2026

Almost every apostille that gets rejected comes down to one avoidable mistake: the document was sent to the wrong authority. State-issued and federal documents are apostilled by completely different offices, and one cannot do the other's job.

The good news is that telling them apart is simple once you know the rule. This guide gives you that rule, the examples that cover most cases, and what to do when a single application needs both.

Key takeaways

  • Who issued the document decides the authority — not what it's about.
  • State documents → the Secretary of State. Federal documents → the U.S. Department of State.
  • A notarized document is always a state document.
  • One application can need both; each goes to its own authority.

The one rule that decides it

Ask a single question: who issued or signed the document? If the answer is a state or county office — or a notary — it's a state document, apostilled by that state's Secretary of State. If the answer is a federal agency, it's a federal document, apostilled only by the U.S. Department of State. It's the issuer that matters, not the subject.

State documents (Secretary of State)

These are issued at the state or county level and make up the majority of everyday apostilles:
  • Birth, marriage & death certificates
  • Divorce decrees & court records
  • Diplomas & transcripts
  • Powers of attorney & affidavits
  • Corporate & good-standing records
  • Anything notarized
Each is apostilled by the Secretary of State in the state where it was issued — a California birth certificate goes to California, a Texas diploma to Texas.

Federal documents (U.S. Department of State)

These are issued or signed by a U.S. federal agency and can only be authenticated in Washington, DC:
  • FBI background checks
  • Naturalization & citizenship certificates
  • Social Security benefit letters
  • IRS documents (e.g. Form 6166)
  • FDA & USDA certificates
  • U.S. patents & trademarks
The most common of these is the FBI background check, which trips up more applicants than any other document because people assume their state can handle it.

The trap: a notarized document

A notarized letter can feel “federal” if it's about immigration or a federal matter — but it isn't. A notary is commissioned by a state, so the document is authenticated by that state's Secretary of State, regardless of what it says. When in doubt, follow the signature: the last official who signed or sealed it determines the authority.

When you need both

Plenty of applications mix the two — a residency packet might need a birth certificate (state) and an FBI check (federal) together. There's no shortcut that sends both to one office; each still goes to its own authority. What you can do is run them as one coordinated order so you're not chasing two processes on two timelines — which is exactly how we handle mixed batches.

Not sure which one your document needs?

Tell us the document and destination — we'll confirm whether it's state or federal, route it correctly, and send a flat quote within one business day.

Frequently asked questions

How do I know if my document is state or federal?+

Look at who issued or signed it. If a state or county office issued it — a vital-records office, a court, a university, or a notary — it's a state document. If a federal agency issued it — the FBI, USCIS, the Social Security Administration, or the IRS — it's federal. State documents are apostilled by a Secretary of State; federal documents by the U.S. Department of State.

Can a Secretary of State apostille a federal document?+

No. A state Secretary of State can only authenticate documents from that state. Federal records must go to the U.S. Department of State's Office of Authentications. Sending a federal document to a state office is the single most common reason these requests are rejected.

Which is faster, a state or federal apostille?+

State apostilles are usually faster — often a few business days once the document is in hand — while federal apostilles are set by the U.S. Department of State's current processing times and generally take longer. We give you a realistic timeline for whichever applies.

My document was notarized — is it state or federal?+

A notarized document is a state document. The notary is commissioned by a state, so the Secretary of State in the notary's state apostilles it — even if the underlying letter or form concerns a federal matter.

What if I need both state and federal documents apostilled?+

That's common — for example a birth certificate (state) plus an FBI check (federal) for the same visa. We handle both in one coordinated order, routing each to the correct authority so you aren't managing two processes.