Empire Justice Center, The New York Immigration Coalition, and The Legal Aid Society are excited to announce the updated version of the Immigrant Eligibility for Public Benefits in New York State chart.
This resource aims to support service providers guiding noncitizens in accessing public benefits. The chart maps out noncitizen eligibility for a number of federal and New York State benefits, and which of those could potentially have public charge implications.
IMPORTANT UPDATES (November 2025):
- SNAP eligibility changes:
- Public Law No. 119-21 (OBBBA) changes to SNAP eligibility for non-citizens. USDA (the federal program that administers SNAP) announced that changes to SNAP eligibility went into effect as of July 4, 2025. Now only three categories of non-citizens are eligible for SNAP:
- Lawful Permanent Residents (LPRs)*
- Cuban-Haitian entrants
- Citizen of Micronesia, Palau, and the Marshall Islands
- Implementation of changes. New applicants for SNAP will be subject to the changed rules. Current recipients of SNAP will have the new rules applied to them when their current period of certification ends. This means, formerly eligible categories like Asylees, Refugees, T-Visa holders, VAWA self-petitioners will not suddenly lose their SNAP. They will only lose SNAP when their current certification period ends.
- Please Note: Under current law, LPRs who adjusted to LPR status from what Congress considers a "Qualified Alien" status do not need five years in Qualified Alien status before being eligible for SNAP. This should mean that LPR applicants for SNAP who adjust to LPR status from asylee, refugee, or T-visa status are immediately eligible for SNAP. New York and other states are seeking to confirm that this has not changed, and we are waiting for confirmation.
- Proposed Changes to Public Charge: On November 19, 2025, USCIS published a proposed rule on public charge for public comment. Changes to the public charge rule will only occur when and if the proposed rule is finalized. If the proposed rule becomes final, it will not change who is subject to the public charge test as reflected in the chart (those categories indicated with a red light in the public charge column). We will update the chart to reflect any changes that do go into effect, including the types of benefits that may be included in a public charge test, and whose use of benefits will count in a public charge test.
- Seek the advice of an immigration expert if you are a person who is subject to public charge or you are advising such a person. People in the following categories should consult a lawyer for advice about how the new rule will affect you if it goes into effect:
- you are in the process of adjusting to LPR status through a family based petition (have a pending I-485);
- you have LPR status but are planning on leaving the country for 180 days or more, or for any amount of time but you have certain criminal convictions on your record, or
- you are in the process of extending or changing your non-immigrant visa status.
- We will update the chart to reflect any changes that go into effect.
- If you are interested in submitting a comment, return here for a link to guidelines (coming soon). Comments are due December 19, 2025.
Correction: Please note that the Immigration Status category "Applicants for U Visa or T Visa" was erroneously left off the Chart. Applicants for these special non-immigrant visas are eligible for State-funded Cash Assistance, State-funded Medicaid if they are residents of New York, Qualified Health Plans/Essential Plans, and CHIP/ADAP. U visa & T visa applicants are also exempt from public charge.
General Note: Not all immigration statuses and postures are included in the Chart, only those that you are most likely to come across. If you are wondering about a status not represented in the Chart, please consult the sources cited in the footnotes for eligibility guidance on each relevant benefit.