Background: Public Law 110-161 and Public Law 111-8 granted Iraqi and Afghan aliens special immigrant visas under section 101(a)(27) of the Immigration and Nationality Act (INA). This allowed these individuals to be eligible for Food Assistance, the same as refugees admitted under section 207 of the INA, for a period of eight months.

New Policy: With the authority of Section 8120 of Public Law 111-118, effective December 19, 2009, the eligibility time limit for Iraqi and Afghan aliens with special immigrant visa status has been removed. An Iraqi or Afghan alien with special immigrant visa status will be considered a qualified alien under rule 5101:4-3-07. These individuals are eligible to receive Food Assistance indefinitely, provided all other eligibility requirements are met.

Ohio Administrative Code 5101:4-3-07 Food Assistance: Nonfinancial Eligibility Standard-Citizenship and Alien Status

This rule has been updated to reflect the removal of the eligibility time limit for Iraqi and Afghan aliens with a special immigrant visa status. Food Assistance Change Transmittal (FACT) 39 previously authorized these changes. In addition, paragraphs (B)(2)(a) and (B)(2)(b) have been amended to stipulate that battered aliens are qualified aliens who must meet additional criteria in order to be eligible for Food Assistance benefits.

Alien Charts

• The "Iraqi and Afghan Special Immigrants-Eligibility for Public Assistance Eligibility Period" chart is obsolete.
• The "Simplified Guide for Determining Eligibility of Noncitizens" desk aid, which provides eligibility criteria for noncitizens, has been updated.

Instructions: This transmittal letter makes obsolete Food Assistance Change Transmittal (FACT) 39, which was implemented under an emergency rule filing with an effective date of February 4, 2010. Remove it and file it as obsolete.