Updates to Paper-Based Systematic Alien Verification for Entitlements (SAVE) and Cuban Haitian Entrants

This memo clarifies processes to reflect system updates for state agencies pursuing additional verification through the Systematic Alien Verification for Entitlements (SAVE) program that have caused an area of the Supplemental Nutrition Assistance Program (SNAP) regulations to become outdated and no longer applicable. This memo also explains how to request information on SNAP applicants who are claiming Cuban-Haitian Entrant (CHE) designation.

Updates to SAVE Additional Verification Procedures

The Food and Nutrition Service (FNS) has received multiple inquiries about inconclusive or discrepant SAVE results when state agencies request verification of immigration status for non-citizen individuals.

The law requires non-citizens applying for SNAP to provide documentation of eligible immigration status or designation as a condition of eligibility. State agencies must verify this information electronically using SAVE and cannot use any other method of verification. ¹ If an initial SAVE query does not confirm a non-citizen’s documentation or a significant discrepancy exists, state agencies must submit an additional verification request in SAVE in order to obtain information from SAVE to resolve the discrepancy. ² When submitting an additional verification request (i.e. second- or third-step verification), the state agency should include in the comments field why the initial response warrants further review. When submitting a third-step verification, the state agency must also scan and upload any relevant immigration/citizenship documents.

The regulations at 7 CFR 273.2(f)(10)(iii) and (v) and 272.11(d) outline a now obsolete paper-based process where the State agency submits additional verification requests using the U.S. Citizenship and Immigration Services (USCIS) Form G-845, Verification Request. USCIS has updated SAVE verification procedures to eliminate paper-based verification through USCIS Form G-845. All verification requests are now submitted electronically through SAVE. Although the process changed from paper-based to electronic, it remains the same functionally.

Instead of having the option to use the paper USCIS Form G-845, USCIS is now requiring state agencies to complete all verification steps through the electronic SAVE program. ³ State agencies should also refer to their Memorandum of Agreement with SAVE which may contain specific terms relating to electronic submission of verification requests.

FNS will update the regulatory provisions regarding SAVE verification procedures in future rulemaking. In the interim, state agencies should refer to this guidance.

Verification of Cuban-Haitian Entrant Status

FNS has also received questions from state agencies regarding verification of applicants claiming Cuban-Haitian Entrant (CHE) designation. The term “Cuban-Haitian Entrant” relates to benefit eligibility rather than an immigration status. CHEs are qualified non-citizens under the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996. To be considered a CHE, an individual must meet the definition of a CHE under section 501(e) of the Refugee Education Assistance Act of 1980. ⁴

As qualified non-citizens, CHEs are eligible for SNAP benefits without a waiting period regardless of the length or status of their parole, provided they meet regular SNAP financial and non-financial rules. State agencies should make every effort to verify CHE designation as necessary depending upon the household’s circumstances.

State agencies must verify an applicant’s CHE designation through SAVE. USCIS provides the ability to request CHE-specific information through SAVE for no additional fee. State agencies that are currently not configured in SAVE for CHE verification should request access to the CHE verification configuration and use the “Cuban/Haitian Entrant” button (or web services system-to-system connection equivalent) to request CHE information. State agencies can request the CHE configuration for their agency’s SAVE account by contacting SAVERegistration@uscis.dhs.gov. The request should include the section of law, regulation, or other provision that requires the agency to determine whether an applicant is a CHE. Please visit the USCIS webpage “Information for SAVE Users: Cuban-Haitian Entrants” for information on example documentation households may provide and how to use SAVE to make a CHE-specific verification request. ⁵

Verification of Information

Although the household has primary responsibility for providing proof of immigration status or designation, SNAP regulations provide that the state agency must assist the household in obtaining verification of immigration status or designation provided the household is cooperating with the state agency. ⁶

FNS understands results from additional verification requests may not be immediately available.

As a reminder, state agencies cannot deny or delay a household’s application on the basis of immigration status while the state agency is pursuing additional verification procedures through SAVE. ⁷ In the event of a delayed SAVE return where the state agency has already submitted the applicants’ information to SAVE and is awaiting verification, the state agency should determine whether the applicants are eligible for expedited benefits. If eligible, the state agency must provide benefits pending verification of immigration status consistent with expedited processing standards. ⁸ If the state agency subsequently determines that a non-citizen applicant is not in an eligible status, the state agency must take appropriate action.

The state agency shall provide households the opportunity to request a fair hearing under 7 CFR 273.15 prior to any adverse action. ⁹

State agencies with questions should contact their respective regional office representatives.

Moira Johnston
Acting Director
Program Development Division

¹ 7 CFR 272.11, 7 CFR 273.2(f)(10)
² 7 CFR 272.11(d), 7 CFR 273.2(f)(10)(iii) and (v)
³ For additional information on the SAVE verification process, refer to the SAVE Program Guide and Guide to Understanding SAVE Verification Responses available through the Resources page in the SAVE system or upon request to your agency’s SAVE relationship manger or SAVERegistration@uscis.dhs.gov.
⁴ The Refugee Education Assistance Act of 1980 is available at: https://www.fns.usda.gov/pl-96-422. More information on CHE status is also available in FNS’ 2011 SNAP Non-Citizen Guidance: https://www.fns.usda.gov/snap/eligibility/non-citizen-eligibility.
⁵ For additional information on the SAVE Users: Cuban-Haitian Entrants process, refer to: https://www.uscis.gov/save/save-resources/information-for-save-users-cuban-haitian-entrants.
⁶ 7 CFR 273.2(f)(5)
⁷ 7 CFR 273.2(f)(1)(ii)(B)(1)
⁸ 7 CFR 273.2(i)
⁹ 7 CFR 273.2(f)(10)(iv)