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

7 Section 227 Change #1-2026 February 1, 2026 Proceed to FNS 227.04 Determining Non-Citizen Status.

227.04 DETERMINING NON-CITIZEN STATUS Determining non-citizen status is a multi-step process. Follow the steps outlined in this policy section to determine non-citizen status and eligibility to participate in the FNS program. Terms used throughout the section: • Non-citizen: Individuals who are not citizens or nationals of the United States. • Ineligible non-citizen: Individuals who, by reason of their citizenship or immigration status, are not eligible to receive FNS benefits. This includes individuals with no lawful status, as well as individuals with lawful statuses that do not confer FNS eligibility under Section 6(f) of the Food and Nutrition Act. • Eligible non-citizen: Individuals who fall into one of the three eligible categories under H.R. 1 (LPR, Cuban/Haitian Entrant, or COFA Migrant) and meet all other eligibility requirements. See FNS 227.05 for the eligibility determination table. STEP 1: INELIGIBLE NON-CITIZENS Individuals in many types of immigration status, both lawful and unlawful, may be considered ineligible non-citizens who cannot participate in the FNS program. This category includes: • Individuals with no current lawful status • Individuals with lawful statuses that do not confer FNS eligibility, including: o Short-term visas (tourist, student, work visas) o Deferred Action for Childhood Arrivals (DACA) o Temporary Protected Status (TPS) o Refugees, asylees, parolees (unless adjusted to LPR) o Many other forms of lawful presence