What are the eligibility requirements for non-citizens to receive social security benefits in the US?
Executive summary
Non‑citizens can and do receive Social Security (Title II) benefits if they meet the same basic work‑credit and legal‑status rules that apply to citizens: they must have sufficient credits earned in Social Security–covered employment and generally be lawfully present in the United States or meet narrow exceptions that allow payments abroad [1] [2] [3]. Supplemental Security Income (SSI) has a separate, more restrictive non‑citizen framework that limits eligibility to citizens, lawful permanent residents, and certain qualifying alien categories identified by DHS, with special provisions for refugees, asylees, trafficking victims and tribal members [4] [5] [6].
1. How Title II (Social Security retirement, disability, survivors) treats non‑citizens
Non‑citizens who are authorized to work and who earn the required work credits—typically 40 credits, or roughly 10 years of covered work for retirement—can qualify for retirement, disability, or survivor benefits on the same basis as U.S. citizens, provided they otherwise meet program rules [1] [2]. Lawful presence matters: regulations state that Title II benefits are not payable to an alien in any month during which the alien is not lawfully present in the United States (Section 202(y)), so lawful immigration status is material to ongoing entitlement [1].
2. The Social Security number and work authorization requirement
To accrue the credits needed for Title II benefits, a non‑citizen must work in Social Security‑covered employment and generally must have permission to work from DHS; such workers are eligible for Social Security numbers and must pay payroll taxes that fund benefits [7] [1] [8]. The Social Security Administration emphasizes that lawfully present non‑citizens who meet all eligibility requirements can qualify for Social Security benefits [9] [3].
3. Living abroad: the six‑month rule and exceptions
A critical constraint is residency: SSA generally cannot pay Retirement, Survivors, and Disability Insurance benefits to non‑citizens after their sixth consecutive calendar month outside the United States unless they meet specific exceptions or the country is covered by a bilateral agreement or other statutory carve‑outs [10] [1]. The library of Congress summary underscores that Section 202(t) and related provisions create exceptions allowing some non‑citizens to receive payments while abroad under narrow circumstances [1].
4. Totalization agreements and combining credits
Workers who have not earned the U.S. work credits required for Title II benefits may still qualify if their home country has a totalization (social security) agreement with the United States that permits combining credits earned abroad with U.S. credits to meet eligibility thresholds [2] [1].
5. SSI: a distinct, restrictive regime for low‑income non‑citizens
SSI eligibility for non‑citizens is far more limited than Title II. SSI law limits eligibility to U.S. citizens, lawful permanent residents (LPRs), and certain classes of aliens (PRUCOL and other DHS‑defined qualified aliens), and applies income and resource tests in every case [5] [4]. Specific groups—refugees, asylees, victims of severe trafficking, certain veterans and tribal members—have explicit pathways to SSI, sometimes with time‑limited status or “deeming” rules attached [4] [6] [11].
6. Time limits, deemed eligibility, and the expectation to naturalize
Certain non‑citizens who become eligible for SSI do so under time‑limited provisions: for example, refugees or entrants may have a finite window of eligibility during which they are expected to seek naturalization; if they fail to adjust status in the prescribed timeframe, SSI eligibility can cease [11] [5]. SSA publications detail categories and conditions rather than leaving eligibility open‑ended [6] [4].
7. Practical implications and administrative complexity
Determining eligibility is fact‑specific and administrative: claimants must prove immigration status, work history, income and resources, and sometimes citizenship of or agreements with other countries; SSA retains tools and guidance to screen payments abroad and to advise claimants, reflecting complexity that often requires case‑level contact with SSA or legal counsel [10] [12] [13].
8. Competing narratives and policy contours
Public debate often conflates Title II and SSI; the SSA and Congressional research both show that while many non‑citizens lawfully working in the U.S. can receive Social Security benefits after earning sufficient credits, SSI remains tightly circumscribed for non‑citizens—an important distinction that is the source of frequent misunderstanding in media and political discourse [3] [5].