2.4.1.1 Presumptive Eligibility for Non-Citizens

Once an applicant provides documentation identifying their status as a qualified non-citizen, they are presumptively eligible for W-2 until the FEP Financial and Employment Planner verifies their status through SAVE.

The FEP must not delay or deny the applicant’s eligibility for W-2 based on the applicant’s immigration status while verification is pending.

If an applicant’s immigration status has already been verified through the FDSH Federal Data Sources Hub , this is considered valid for W-2, and the FEP does not need to request additional documentation or reverify through SAVE.

A non-citizen’s immigration status may change over time. The table below outlines the required verification steps based on FDSH verification.

Scenario Required Verification The individual’s new immigration status has been verified through the FDSH. This is considered valid verification. The individual’s new immigration status has not been verified through the FDSH. The individual must provide immigration documentation of the new status and the FEP must verify it through SAVE.

FEPs should not update the immigration status code of individuals who were previously verified as a:

Refugee;

Asylee;

Cuban/Haitian entrant;

Individual granted withholding of deportation/removal;

Victim of trafficking; or

Iraqi or Afghan special immigrant.

Individuals in these statuses are exempt from the five-year ban on certain public benefits even if their immigration status later changes, and updating the immigration status code could cause the individual to incorrectly lose eligibility for the benefits. For example, a refugee whose immigration status changes to Lawful Permanent Resident should remain coded as a refugee.