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

8 Section 227 Change #1-2026 February 1, 2026 If the individual does not claim to have one of the statuses that makes them eligible for FNS benefits, or does not seek benefits for themselves, no further verification of the individual's immigration status is required

If the individual claims to be in an eligible immigration category AND seeks benefits for themselves: Proceed to Step 2 (FNS 227.05) to determine eligibility based on their claimed status.

227.05 STEP 2: DETERMINING NON-CITIZEN ELIGIBILITY H.R. 1 Framework: Under H.R. 1 (Section 10108), only three categories of noncitizens may participate in the FNS program: • Lawful Permanent Residents (LPRs) - subject to five-year waiting period determination (Step 3) • Cuban/Haitian Entrants - eligible immediately • COFA Migrants (Federated States of Micronesia, Marshall Islands, Palau) - eligible immediately Some individuals with lawful immigration status are eligible for FNS benefits, and others are not. The chart below lists categories of immigration status, types of documents that evidence that status, and the eligibility determination under H.R. 1. Individuals listed as "ELIGIBLE IMMEDIATELY" may participate if they meet all other eligibility requirements. LPRs must proceed to Step 3 (FNS 227.06) to determine if subject to the five-year waiting period or 40 quarter requirements. Key Change: Many categories previously eligible (refugees, asylees, parolees, etc.) are now NOT ELIGIBLE unless they have adjusted status to LPR. If adjusted to LPR, proceed to Step 3 to determine waiting period status. Individuals that are listed as “Not Eligible” are not eligible to participate in the FNS program. Do not proceed to Step 3. A. Use the USCIS or DHS document provided by the non-citizen to determine eligibility to participate in the FNS program.