Foreign Persons

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Foreign Persons

The foreign person rule outlines specific criteria that foreign persons or foreign entities must meet in order to be eligible for USDA programs to which the foreign person rule applies. These programs include CRP, EQIP, CSP, ARCPLC, NAP, MAL’s, LDP’s, MLG’s, and DMC.

About the Program

Frequently Asked Questions

Who is a foreign person?

A foreign person means someone who is not either a citizen of the U.S. or a lawful alien possessing a valid I-551.

What is a foreign entity?

A foreign entity means a corporation, trust, estate, or other similar organization, that has more than 10 percent of its beneficial interest held by persons who are not either citizens of the U.S. or lawful aliens possessing a valid I-551.

How does FSA identify a foreign person or foreign entity?

FSA Form CCC-902 is used to collect information about a person’s citizenship status and the citizenship status of members of an entity. FSA may request information to support the citizenship status indicated on the CCC-902. Proof of citizenship that may be requested includes a birth certificate, nationalization and citizenship papers, a certificate of citizenship, or other verification through the nearest Immigration and Naturalization Service office.

How does a foreign person meet eligibility requirements for the foreign person rule?

For the farming operation of a foreign person, the foreign person must make a significant contribution of active personal labor, capital, and land to the farming operation.

How does a foreign entity meet eligibility requirements for the foreign person rule?

For the farming operation of a foreign entity, each foreign person who is a member of the entity must make a significant contribution of active personal labor to the farming operation.

What if the required criteria is not met?

Foreign persons who fail to make the required contributions will be ineligible to receive program benefits under programs which the foreign person rule applies.

Foreign entities with foreign members who failed to make the required contribution will be ineligible to receive program benefits under programs which the foreign person rule applies. In situations where some, but not all, of the foreign members within a foreign entity are making the required contributions, the entity may receive reduced benefits based on the ownership share of the entity held by U.S. citizens or lawful aliens.