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

16 Section 227 Change #1-2026 February 1, 2026 227.06 STEP 3: DETERMINING IF NON-CITIZEN IS SUBJECT TO WAITING PERIOD OR 40 QUARTERS This section determines whether an eligible non-citizen is subject to the PRWORA fiveyear waiting period (8 U.S.C. § 1613). H.R. 1 did NOT change the five-year waiting period rules or exemptions. LPRs must either: (1) be exempt from the waiting period, (2) have held qualified alien status for at least five years, or (3) have 40 qualifying quarters of work. A. Directly Eligible Categories (No Waiting Period Analysis Required) Key Point: The following categories are directly eligible under H.R. 1 Section 10108. They do not need to become LPRs and are not subject to any waiting period. Skip the rest of this section for these individuals. 1. Cuban/Haitian Entrants - Eligible immediately regardless of how long in the U.S. See FNS 227.05 for documentation. 2. COFA Migrants (citizens of Federated States of Micronesia, Marshall Islands, or Palau) – Eligible immediately. See FNS 227.05 for documentation. B. LPRs Exempt from Five-Year Waiting Period The following LPRs are exempt from the five-year waiting period based on their prior immigration status before adjusting to LPR. They may participate in FNS immediately upon obtaining LPR status, provided they meet all other eligibility requirements. A sample image of an I-551 is below.

December 9, 2025 USDA Clarification: Per USDA FNS Q&A Set 1, individuals who held certain humanitarian statuses before adjusting to LPR remain exempt from the 5-year waiting period under 8 U.S.C. § 1612(b)(2).