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ESA SNAP Policy Manual 100 Noncitizen Category Description Citizens of nations under Compacts of Free Association agreements who have been admitted under those agreements Citizens of Palau, Micronesia and the Marshall Islands Conditional entrants Granted conditional entry under section 203(a)(7) of the INA as in effect before April 1, 1980

There are three exceptions to the requirement that a noncitizen be a qualified noncitizen to be eligible for SNAP (see Table 25.5.c., SNAP Immigrant Eligibility Decision Guide). Those groups meeting this exception include:  Certain Native Americans  Certain Hmong or Highland Laotian tribal members and their surviving spouses  Victims of a severe form of trafficking in persons and some of their family members 8.6.1.1 Ineligible Noncitizens The following noncitizens are ineligible for SNAP benefits:  Noncitizens who are lawfully present in the US in a nonqualified status, such as students and H- 1B visa workers  Undocumented noncitizens (e.g. individuals who entered the country as temporary residents and overstayed their visas or who entered without a visa)  Individuals granted Temporary Protected Status (TPS) are permitted to remain temporarily in the US because their home nation is suffering under armed conflict, environmental disaster or other extraordinary or temporary conditions. Any noncitizens granted TPS, unless in some other qualifying status, are not eligible to receive SNAP benefits. For example, this exclusion applies to Haitian nationals granted TPS unless they otherwise meet the definition of a Cuban or Haitian entrant under Section 501(e) of the Refugee Education and Assistance Act of 1980  Most individuals present in the US with a U visa Legal Authority Citizenship and alien status (federal): SNAP: 7 CFR § 273.4(a), 8 USC § 1641(b), 8 USC § 1612(a)(1)

8.6.2 Qualified Noncitizens and Conditional Requirements To be eligible for SNAP, most noncitizens must be a qualified noncitizen and meet one of the conditional requirements below:  Five years of residence: individual who has lived in the US as a qualified noncitizen for five years or more from the date of entry  Forty qualifying work quarters: LPR with credit for 40 qualifying work quarters Return