The Supplemental Nutrition Assistance Program (SNAP) provides significant food assistance to low-income individuals and families. SNAP, also known as “food stamps,” helps eligible participants purchase groceries, in an effort to ensure reliable access to nutritious food and reduce food insecurity. While the benefit program serves as a critical safety net for millions, it is also shaped by changes in government administrations and shifts in policy priorities.

Federal Law on Immigrant Eligibility for Public Benefits

On July 4, 2024, the One Big Beautiful Bill (OBBA), also known as H.R.1, was signed into law. This new law created major changes to SNAP, and reduced the number of immigrant statuses that qualify for benefits. The new law, which was effective upon enactment, largely alters non-citizen eligibility for SNAP.

For several decades, SNAP has been shaped by changes in federal policy, resulting in vast reforms to program’s objectives and rules.

In 1996, the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) set up a framework and rules on immigrant access to public benefits. Under PRWORA, non-citizens were categorized as “qualified” and “non-qualified” immigrants for public benefit programs. It also created a five-year waiting period for certain non-citizens seeking to apply for benefit programs, such as SNAP, Medicaid, and Work First New Jersey (WFNJ/ “cash assistance”) program. With recent changes to the SNAP rules, it is important that families understand how their access to benefits may be affected.

Changes to rules for qualified non-citizens: who is now eligible for SNAP?

The federal budget reconciliation law signed in July 2025, significantly changed eligibility rules for SNAP, narrowing the categories of individuals who qualify for benefits.

Prior to the passing of H.R.1, many lawfully present non-citizens were eligible to apply for SNAP, including:

• Lawful Permanent Residents (LPR/“Green Card Holders”)
• Cuban and Haitian entrants (CHE)
• Compact of Free Association (COFA) citizens
• Refugees
• Individuals granted asylum
• Individuals paroled into the United States for at least one year
• Individuals granted withholding of deportation or withholding of removal
• Conditional Entrants
• Battered spouse, child, and parent with VAWA prima facie determinations
• Trafficking survivor and his/her spouse, child, parent, or sibling (T Visa)
• Iraqi and Afghan special immigrants and other visas (SIV)
• Member of a federally recognized Indian tribe or American Indians born in Canada
• Hmong or Highland Laotian tribal members
• Amerasians
• Certain Ukrainian nations granted parole.

Under the new law, SNAP eligibility is now limited to only individuals with the following statuses:

• U.S. Citizens and Nationals
• Lawful Permanent Residents (LPR/“Green Card Holders”)
• Cuban and Haitian Entrants (CHE)
• Residing in the U.S. under the Compact of Free Association (COFA) 

Individuals who do not fall within one of these four categories are no longer eligible for SNAP .

If you currently receive SNAP, the County Social Services Agency will review your immigration status at your next recertification and determine if you are still eligible. If your immigration status has changed, you should report the change in status to your county SNAP agency.

The Five-Year Waiting Rule Under the SNAP Program

PRWORA established a five-year waiting period, commonly referred to as the “five-year bar,” for certain immigrants applying for public benefits. Under this rule, some qualified non-citizens must wait five years from the date they obtain a qualifying immigration status before they may apply for benefits.

The five-year bar does not apply to all immigrants. There is no five-year waiting period for SNAP for: Non-citizen U.S. nationals; Cuban and Haitian entrants; and people residing in the U.S. under the Compact of Free Association (COFA). It does apply to most LPRs, but there are some exemptions, explained below.

Waiting Period Exemptions for LPRs

Generally, adult Lawful Permanent Residents (LPRs) are subjected to a five-year bar before they are eligible to apply for SNAP, unless they meet one of these waiting period exemptions:

•  Are under 18 years old
•  Have 40 qualifying work quarters (10-year work history)
•  Are blind or disabled
•  Were lawfully residing in the U.S. and 65 or older on August 22, 1996
•  Have a U.S. military connection
•  Are admitted to the U.S. as an Amerasian immigrant
•  Are an American Indian born abroad
•  Certain Hmong or Highland Laotian tribal members
•  Adjusted to LPR status from another immigration status that is exempt under PRWORA.

People who become LPRs are eligible for SNAP immediately after adjusting to Lawful Permanent Resident (LPR) status without a waiting period if they were previously a refugee, person granted asylum, trafficking survivor, or a person with a “Special Immigrant Visa (i.e., Iraqi or Afghan SIVs.)

All other adult LPRs must have a “qualified immigration status” for five years before they can apply for SNAP, either as an LPR or with another “qualified immigration status.”
Qualified status includes:

• Paroled into the U.S. for at least one year
• Granted withholding of deportation or withholding of removal
• Conditional entrants
• Battered spouse, child, and parent with VAWA prima facie determination
• Member of a federally recognized Indian tribe or American Indian born in Canada
• Hmong or Highland Laotian tribal members.

For more information on SNAP eligibility for non-citizens or for help accessing SNAP and other food assistance, Legal Services of New Jersey (LSNJ) may be able to provide free legal help. 

Additional Resources

• Protecting Immigrant Families Coalition (PIF)
• National Immigration Law Center (NILC) 
• Need Help Applying for SNAP: NJ SNAP Navigator Program
• Community Food Banks in New Jersey by Counties
• Passaic, Bergen, Morris, Essex, Hudson, Union, Somerset, Middlesex, Atlantic, Cumberland, and Cape May County
• Sussex, Warren, and Hunterdon County
• Mercer County
• Burlington, Camden, Gloucester, and Salem County
• Monmouth and Ocean County

This information last reviewed: Mar 20, 2026