I am a noncitizen. Am I still eligible for SNAP benefits? 

A law known as H.R.1 (known as the One Big Beautiful Bill Act of 2025) was signed on July 4, 2025. It includes changes to SNAP eligibility for immigrants. Beginning in April 2026, New York State has begun to enforce some of the new restrictions to eligibility based on immigration status.

What changes does H.R. 1 make? 

The new law adds new “five-year waiting periods” for some categories of noncitizens.

The following categories of noncitizens are only eligible for SNAP if you have become a Lawful Permanent Resident based on the status or if you have been in the status for five years:

• Active-duty military members, veterans, and their families 

• People granted parole for at least one year 

• Refugees and Asylees 

• Special Immigrant Visa holders 

• People with withholding of removal/deportation 

• “Amerasian” immigrants 

• Certain children of U.S. citizens and Vietnamese parents 
• Trafficking survivors (including T Visa holders) 

• People with a certification letter from the Office of Trafficking in Persons 

Under HR1, only the following categories of noncitizens are immediately eligible for SNAP benefits:

• U.S. citizens and U.S. nationals 

• Lawful Permanent Residents (Green Card holders) 

• Cuban and Haitian entrants 

• Citizens of Compact of Free Association (COFA) nations:  

• Federated States of Micronesia 

• Republic of the Marshall Islands 

• Palau 

Has New York State started using these new rules? 

• Yes. As of April 2026, New York has begun enforcing these new rules. Applicants for SNAP will have these rules enforced at application.
• If you are already receiving SNAP benefits, these new rules will apply at recertification.

Where can I get more information about SNAP? 

• Office of Temporary and Disability Assistance (OTDA) website 

• Human Resources Administration (HRA) website  
• Visit a SNAP Center or Call 718-SNAP-NOW (718-762-7669) 
• Read more on the USDA website here.

For free legal help, call Legal Services NYC at 917-661-4500 Monday through Friday from 9:30 a.m. to 4 p.m. Learn more about our intake process here.

* The information does not constitute legal advice. You should always consult an attorney regarding your matter. Legal help subject to capacity and location.