Foreign persons and non-resident aliens are ineligible for most program benefits under FSA and NRCS administered programs unless specific and additional eligibility requirements are met by such persons. A foreign person or non-resident alien must have a valid taxpayer identification number and make significant contributions of land, capital, and active personal labor to the farming operation. If an entity comprised of foreign persons or non-resident aliens, the members of the entity must make significant contributions of active personal labor to the farming operation of the legal entity requesting benefits under programs subject to the foreign person rules.

Applicable Forms (pdf)

CCC-901 Member Information

CCC-902I Farm Operating Plan – Individual

CCC-902I Short Form Farm Operating Plan - Individual

CCC-902E Farm Operating Plan – Legal Entity

CCC-902 Continuation

CCC-902E Continuation

Regulations and Procedures

Regulation 7 CFR 1400 - Payment Limitation and Payment Eligibility

Handbook 5-PL, Payment Eligibility, Payment Limitation and Adjusted Gross Income (pdf)

Foreign Investors

The Agricultural Foreign Investment Disclosure Act (AFIDA) requires foreign persons and entities who acquire, transfer, or hold interest in U.S. agricultural land to report these holdings and transactions to FSA within 90 days. An AFIDA report must be filed when a foreign individual, organization, or government holds 10 percent or more interest in agricultural land. Failure to report or late reporting may result in penalties of up to 25 percent of the fair market value of the land.

The Agricultural Foreign Investment Disclosure Act (AFIDA) requires foreign persons and entities who acquire, transfer, or hold interest in U.S. agricultural land to report these holdings and transactions to FSA within 90 days. An AFIDA report must be filed when a foreign individual, organization, or government holds 10 percent or more interest in agricultural land. Failure to report or late reporting may result in penalties of up to 25 percent of the fair market value of the land.

Applicable Regulations and Procedures

Regulation 7 CFR Part 781 – Disclosure of Foreign Investment in Agriculture

Handbooks 1-AFIDA (Rev. 2), Foreign Investment Disclosure; and 1-CM (Rev. 3), Common Management and Operating Provisions (pdf)