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FOOD AND NUTRITION SERVICES CERTIFICATION ELIGIBILITY REQUIREMENTS FNS 227 NON-CITIZEN REQUIREMENTS

1 Section 227 Change #1-2026 February 1, 2026 FNS 227 NON-CITIZEN REQUIREMENTS Change #1-2026 February 1, 2026

227.01 IMPLEMENTATION OF SECTION 10108 OF H.R. 1 (Pub. L. 119-21) A. Overview Section 10108 of H.R. 1 (Pub. L. 119-21), the One Big Beautiful Bill Act of 2025, amends Section 6(f) of the Food and Nutrition Act of 2008 (7 U.S.C. § 2015(f)) to limit FNS eligibility to three categories of non-citizens. This policy implements the federal statutory changes effective February 1, 2026 in North Carolina. B. Federal Guidance This policy aligns with guidance issued by USDA Food and Nutrition Service on: • October 31, 2025 – OBBB Implementation Memo: Alien SNAP Eligibility • December 9, 2025 – OBBB Alien SNAP Eligibility Q&A Set 1 (revised December 10, 2025) NCDHHS will monitor for additional federal guidance, which will be incorporated into policy through subsequent transmittals.

Note: Per 7 CFR 275.12(d)(2)(vii), a 120-day variance exclusion period applies to new federal policy changes. Quality control findings related to these eligibility changes will not be subject to liability during the initial implementation period. In State of New York v. Rollins, No. 6:25-cv-02186-MK (D. Or. Dec. 15, 2025), the court granted a preliminary injunction extending the “hold harmless” period through April 9, 2026. C. Eligible Non-Citizen Categories Under H.R. 1 Effective February 1, 2026, non-citizens must fall into one of the following three categories to be eligible for FNS: Category Definition Waiting Period Lawful Permanent Residents (LPRs) "Green card" holders admitted under INA §§ 101(a)(15) and 101(a)(20) Subject to 5-year waiting period unless exempt (see FNS 227.06) Cuban and Haitian Entrants As defined in Section 501(e) of the Refugee Education Assistance Act of 1980 (Pub. L. 96-422) None -- eligible immediately