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

39 Section 227 Change #1-2026 February 1, 2026

Who: Non-citizens made ineligible BY PRWORA (August 22, 1996 and after)

Examples: LPRs in the 5-year waiting period, parolees, refugees, asylees, and other categories of non-citizens that were previously identified “qualified” as non-citizens.

State Options: States may choose to: 1. Prorate income and deductions 4. Count NONE of income but cap allotment at lower amount

NC’s Pre-H.R. 1 Election: Option 1 — Proration of income for both eligibility and allotment calculations for Post-PRWORA ineligible non-citizens.

C. Why This Distinction Continues to Matter Post-H.R. 1

1. For pre-PRWORA ineligibles: NC uses Option 2 — Apply full income of ineligible non-citizen to household’s gross income test first. If household passes gross income test, then prorate income for net income and benefit calculation.

Under FNS 350.01 pre-PRWORA ineligible non-citizens are referred to as Non-Qualified Ineligible Aliens.

2. For post-PRWORA ineligibles: NC uses Option 1 — Prorate income for all purposes (gross income test, expedited screening, and benefit calculation).

Under FNS 350.01 post-PRWORA ineligible non-citizens are referred to as Qualified Ineligible Aliens.

3. Workers and NCFAST must continue to determine whether the ineligible noncitizen is a pre-PRWORA ineligible non-citizen or post-PRWORA qualified ineligible non-citizen for budgeting purposes, then apply the correct budgeting method.

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 mixed-status household budgeting.