NA Qualified Noncitizens
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This subject includes a list of noncitizens that are potentially eligible for NA.
Policy
A noncitizen is a person who is not a United States (U.S.) citizen by birth or by naturalization. A noncitizen is determined qualified by their immigration status and Class of Admission (COA) Code given by the United States Citizenship and Immigration Services (USCIS).
Noncitizens who have either a temporary or permanent qualified status may provide immigration documents issued by any of the following immigration agencies:
●U.S. Department of State
●U.S. Department of Homeland Security (DHS) Customs and Border Protection (CBP)
●U.S. Immigration and Naturalization Services (INS)
●USCIS
●Immigration and Customs Enforcement (ICE)
●Executive Office for Immigration Review (EOIR)
For NA, a qualified noncitizen is a person lawfully residing in the U.S. with a classification status that allows potential eligibility for NA. When a noncitizen participant in the household is not qualified, see nonqualified noncitizens for important information.
See any of the following noncitizens who are qualified noncitizens and are potentially eligible for NA benefits:
●Lawful permanent residents (LPRs)
When the noncitizen status is not listed above, see nonqualified noncitizens for additional information.
In addition to meeting all other eligibility requirements, qualified noncitizen participants are required to meet social security number (SSN) requirements to be eligible to participate in the NA program. The Social Security Administration (SSA) issues SSNs to noncitizens without employment authorization when federal law requires an SSN to get certain benefits or services. (See Social Security Number (SSN) for more information.)
Compact of Free Association (COFA)
The countries included in the Compact of Free Association (COFA) include any of the following:
●Federated States of Micronesia (FSM)
●Republic of the Marshall Islands (RMI)
●Republic of Palau (PAL)
The Compact of Free Association (COFA) citizens who can enter and lawfully reside in the United States are potentially eligible for NA.
COFA citizens are required to establish lawful U.S. residency. However, they are not required to meet any additional noncitizen requirements to be eligible for NA.
To establish lawful U.S. residency, FSM, RMI, or PAL participants must verify their immigration status. To be considered potentially eligible for NA, one of the following documents is required:
●An FSM, RMI, or PAL passport with an admission stamp, including one of the following:
CFA/FSM for FSM citizens
CFA/MIS or CFA/RMI for RMI citizens
CFA/PAL for Palau citizens
NOTE The exact notation may vary and is subject to change.
●Form I-94 - Arrival/Departure Record
●I-766 Employment Authorization Document
NOTE Participants from FMS, RMI, or PAL who did not verify their immigration status with one of the required documents for COFA, need to meet another qualified noncitizen status to be eligible for NA.
Cuban or Haitian Entrant
Cuban or Haitian entrants (CHE) are considered qualified noncitizens under Section 501(e) of the Refugee Education and Assistance Act (REAA) of 1980.
The term CHE relates to benefit eligibility rather than an immigration status. CHE is defined as one of the following:
●Any person granted parole as a CHE (Status Pending) or granted any other special status. The status is established under the immigration laws for nationals of Cuba or Haiti, regardless of the status of the person at the time of assistance or when services are provided.
●Any other national of Cuba or Haiti who includes one or more of the following attributes:
Was paroled into the U.S. and has not acquired any other status under the Immigration and Nationality Act (INA).
Is the subject of removal proceedings under the INA.
Has an application for asylum pending with USCIS.
CHEs are treated as qualified noncitizens. They are potentially eligible for NA benefits without a waiting period.
A CHE who is later granted lawful permanent resident (LPR) status is potentially eligible for NA based on their previous eligible status.
CHE participants can provide different documents as proof of their immigration status.
Documents with USCIS annotation that they may provide include, and are not limited to, one or more of the following:
●Form I-94 - Arrival/Departure Record with a stamp noting “Cuban-Haitian Entrant” or “paroled into the United States on or after 04/21/1980, under 212(d)(5).” Some CHEs may also have a Cuban or Haitian passport with a stamp noting “parole under 212(d)(5). I-94 may refer to humanitarian or public interest parole. The I-94 may be expired.
●Form I-551 - Permanent Resident Card with a COA Code of CH6 or CU6. Even after CHEs (Status Pending) become permanent residents, they retain the status of CHE (Status Pending). The I-551 may be expired.
●Participants with an I-551 displaying a CU7 COA Code are not potentially eligible for NA or CA without the five year waiting period, unless the participant meets one or more of the following criteria:
●The participant provides a passport, visa, or birth certificate verifying Cuban or Haitian nationality.
●The participant is a minor child living with a single parent, or both parents, with a qualified noncitizen status.
NOTE For more information about potential eligibility for NA, see LPR Additional Requirements.
●Form I-830 - Notice to EOIR. Alien Address containing information that the person was released from ICE custody and paroled pursuant to 8 C.F.R. § 212.5.
●Form I- 862 - Notice to Appear.
●Form I-220A - Order of Release on Recognizance.
●Form I-221S - Order to Show Cause and Notice of Hearing.
●Form I-122 - Notice to Applicant For Admission Detained for a Hearing Before an Immigration Judge.
●Form I-589 date stamped by EOIR - Application for Asylum and Withholding of Removal. This person is subject to removal, deportation, or exclusion proceedings.
●Form I-485 date stamped by EOIR - Application to Register Permanent Residence or to Adjust Status. This person is subject to removal, exclusion, or deportation proceedings.
●Form EOIR-26 - Notice of Appeal, date stamped by the Office of the Immigration Judge.
●Form I-766 - Employment Authorization Document (EAD) with one of the following COA Codes:
●C08
●C11
●Other applications for relief that have been date stamped by EOIR.
●Other documentation pertaining to a noncitizen’s removal, exclusion, or deportation proceedings - Example: a notice of a hearing date before an Immigration Judge.
●DHS receipt for filing Form I-589 - Application for Asylum and Withholding of Removal.
●Form I-797C - Notice of Action confirming receipt of the person’s Form I-589 - Application for Asylum and Withholding of Removal.
Verification
The system interface that FAA has with the United States Citizenship and Immigration Services (USCIS) and collateral contact to other agencies are primarily used to verify noncitizen status from the information provided on the immigration documents. However, system interface and collateral contact are not always available. The participant has the primary responsibility for providing verification. (See Participant Responsibilities – Providing Verification for additional policy.)
Contact the Executive Office for Immigration Review (EOIR) automated immigration court information system at (800) 898-7180 to verify that Cuban and Haitian entrants, during the first 12 months in the United States (U.S.), are not subject to a final, non-appealable, and legally enforceable order of removal, deportation, or exclusion.
Noncitizen status is verified on all applications, changes to add a participant, or when FAA is notified that the immigration status of a participant has changed.
Legal Authorities
7 CFR 273.2(b)(1)(iii)
7 CFR 273.2(f)(1)(ii)(A)
7 CFR 273.4
7 CFR §273.4(a)
7 CFR 273.4(a)(1)-(3)
7 CFR 273.4(a)(5)
7 CFR 273.4 (a)(6)
7 CFR 273.4 (a)(6)(i-iii)
7 CFR 273.4(a)(6)(i)(H)
7 CFR 273.4(a)(7)
7 CFR 273.4(c)
8 CFR §204.2
HR1 Section 10108
Public Law 104-208
last revised 02/17/2026 effective 03/01/2026