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

38 Section 227 Change #1-2026 February 1, 2026 227.11 BUDGETING FOR HOUSEHOLDS WITH INELIGIBLE NONCITIZENS A. H.R. 1 Did Not Change Budgeting Rules

1. H.R. 1 (Section 10108, effective July 4, 2025) amended which non-citizen categories are eligible for FNS. The budgeting rules for households with ineligible non-citizens were NOT affected and continue to follow 7 CFR 273.11(c)(3).

Key Point: H.R. 1 changed WHO is eligible/ineligible. It did NOT change HOW we budget for households with ineligible non-citizens.

B. Two Categories of Ineligible Non-Citizens for Budgeting Purposes

Federal regulations distinguish between two categories of ineligible non-citizens based on when the non-citizen became ineligible — before or after the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of August 22, 1996.

1. Pre-PRWORA Ineligible Non-Citizens

Regulatory Authority: 7 CFR 273.11(c)(3)(i)

Who: Non-citizens who were ineligible BEFORE PRWORA

Examples: Visitors, tourists, diplomats, students, undocumented non-citizens

State Options: States may choose to: 1. Prorate income and deductions; 2. Apply all income for gross income test for eligibility determinations, then prorate income and deductions for allotment calculations; OR, 3. Count ALL income and deductions

NC’s Pre-H.R. 1 Election: Option 2 for Pre-PRWORA Ineligible Non-Citizens – All income for gross income test for eligibility determination, then prorate income and deductions for allotment calculations.

2. Post-PRWORA Ineligible Non-Citizens

Regulatory Authority: 7 CFR 273.11(c)(3)(ii)