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

3 Section 227 Change #1-2026 February 1, 2026 Many LPRs who adjusted from these prior statuses are exempt from the five-year waiting period (see FNS 227.06). E. What HAS NOT Changed H.R. 1 did not amend PRWORA's five-year waiting period provisions (8 U.S.C. §§ 1612-1613). The waiting period rules, including all categorical and personal exemptions, remain in effect for LPRs. See FNS 227.06 for waiting period determination procedures. Sponsor deeming rules under 8 U.S.C. § 1631 also remain unchanged. See FNS 227.08 for sponsored non-citizen requirements. Phase 2 Implementation (Deferred): Changes to income counting rules (FNS 350) and shelter deduction proration (FNS 340) for mixed-status households require additional NC FAST system updates and will be implemented in a subsequent phase. Until Phase 2 implementation, continue applying current FNS 350 and FNS 340 rules for mixedstatus household budgeting. USDA has special rules and procedures for handling the income and resources of ineligible non-citizens living in households with other eligible members. North Carolina intends to exercise its State discretion under 7 CFR 273.11(c)(3)(i) and 7 CFR 273.11(c)(3)(ii) to standardize income counting for all ineligible non-citizens by using prorated income for ALL purposes (gross income test, expedited screening, and benefit calculation). After systems changes can be completed, NC will adopt a uniform policy to standardize treatment of income across all ineligible non-citizens categories for the purposes of administrative simplification and error reduction. F. Implementation Apply H.R. 1 non-citizen eligibility criteria at initial application and recertification effective February 1, 2026. 1. At Initial Application. Effective February 1, 2026, apply H.R. 1 non-citizen eligibility criteria to all new FNS applicants. Pending Applications: For FNS applications received before February 1, 2026 but processed on or after February 1, 2026, determine eligibility separately for each benefit month based on the policy in effect for that month.