People born in the outlying possessions of the United States hold a status that exists nowhere else in American law: they are U.S. nationals but not U.S. citizens. Under federal immigration law, only two places carry the “outlying possession” designation — American Samoa and Swains Island — and anyone born there after the United States acquired the territory receives this in-between status at birth.1Office of the Law Revision Counsel. 8 U.S.C. 1101 – Definitions Nationals owe permanent allegiance to the United States and carry U.S. passports, but they are not automatically citizens the way people born in Guam, Puerto Rico, or the U.S. Virgin Islands are.
Which Places Are Outlying Possessions
The Immigration and Nationality Act names American Samoa and Swains Island as the two outlying possessions.1Office of the Law Revision Counsel. 8 U.S.C. 1101 – Definitions Swains Island is administered as part of American Samoa, so in practice the designation covers a single territorial unit in the South Pacific. These places are deliberately excluded from the broader statutory definition of “United States” used in most citizenship provisions, and that exclusion is what produces the distinct nationality status.
American Samoa is both unincorporated and unorganized. Congress has not signaled any intent for the territory to become a state, and Congress has never passed an organic act establishing a formal civil government. Administrative oversight sits with the Department of the Interior’s Office of Insular Affairs.2U.S. Department of the Interior. Office of Insular Affairs Locally, American Samoa operates under its own constitution ratified in 1967, with an elected governor and a bicameral legislature called the Fono. Customary land ownership rules restrict property transfers to people of Samoan ancestry, and many residents view that protection as inseparable from their cultural identity. That concern has shaped how American Samoa’s own government approaches the citizenship question in federal court.
What Being a U.S. National but Not a Citizen Means
Anyone born in American Samoa or Swains Island after U.S. acquisition is a non-citizen U.S. national at birth.3Office of the Law Revision Counsel. 8 U.S.C. 1408 – Nationals but Not Citizens of the United States at Birth This is not the same as being an alien. Nationals carry U.S. passports, but those passports include a specific endorsement: “THE BEARER IS A UNITED STATES NATIONAL AND NOT A UNITED STATES CITIZEN.”4U.S. Department of State. 8 FAM 505.2 – Passport Endorsements On a passport card, “U.S. National” appears where “USA” would normally be printed.
What nationals can do:
- Live and work in any of the fifty states without a visa or work permit
- Receive U.S. government protection abroad
- Travel domestically, though since REAL ID enforcement began in May 2025, a U.S. passport, passport card, or REAL ID-compliant identification is required at TSA checkpoints; older American Samoa driver’s licenses and certificates of identity are no longer accepted5American Samoa Government. REAL ID Act Enforcement Begins May 7
What nationals cannot do:
- Vote in federal elections, even after moving to a state
- Serve on juries that require citizenship
- Cast a meaningful vote in a presidential general election; American Samoa has no Electoral College votes, though residents can participate in party primaries
American Samoa sends a non-voting delegate to the U.S. House of Representatives. The delegate can serve on committees, introduce legislation, and participate in debate, but cannot vote on the House floor.6Office of the Law Revision Counsel. 48 U.S.C. Chapter 16, Subchapter II – American Samoa The territory has no representation in the U.S. Senate.
Federal Jobs and Military Service
Non-citizen nationals are eligible for competitive federal civil service jobs on the same terms as citizens. Executive Order 11935 limits competitive service positions to citizens and nationals, and appropriations restrictions on hiring non-citizens specifically exempt people who owe permanent allegiance to the United States.7USAJOBS Help Center. Employment of Non-Citizens An American Samoan national can compete for nearly any federal job a citizen could.
Military enlistment is also open to nationals, and American Samoa has one of the highest per-capita military service rates in the country. Becoming a commissioned officer is a different matter. Federal law generally requires citizenship for an original officer commission in the Regular Army, Navy, Air Force, or Marine Corps. The Secretary of Defense may waive this requirement for grades below major or lieutenant commander when national security demands it, and the waiver specifically covers nationals eligible for appointment as cadets or midshipmen.8Office of the Law Revision Counsel. 10 U.S.C. 532 – Qualifications for Original Appointment as a Commissioned Officer
Taxes for American Samoa Residents
Bona fide residents of American Samoa generally owe no federal income tax on money earned from sources within the territory. They file an American Samoa territorial return reporting worldwide income. Residents who also need to file a U.S. return can exclude American Samoa-source income by attaching Form 4563.9Internal Revenue Service. Tax Guide for Individuals With Income From U.S. Territories (Publication 570) If all income comes from American Samoa sources and there is no self-employment income, a U.S. return may not be required at all.
One important exception: income earned as a U.S. government employee cannot be excluded from federal income tax regardless of where the work is performed.9Internal Revenue Service. Tax Guide for Individuals With Income From U.S. Territories (Publication 570)
Payroll taxes track mainland rules more closely. Wages paid in American Samoa are generally subject to Social Security and Medicare taxes under the same conditions that apply in the states.10Internal Revenue Service. Persons Employed in a U.S. Possession – FICA Self-employed residents with net earnings of $400 or more must file Form 1040-SS and pay self-employment tax. For 2026, the maximum self-employment income subject to Social Security tax is $184,500.11Internal Revenue Service. Instructions for Form 1040-SS Form 1040-SS is due April 15, though bona fide residents outside the United States and Puerto Rico on the due date may qualify for an automatic two-month extension.
How Non-Citizen Nationals Naturalize
Non-citizen nationals who want full U.S. citizenship can naturalize under a provision written for their situation. Section 1436 of the immigration code lets nationals use the standard naturalization process with one key advantage: time spent living in American Samoa or Swains Island counts toward the residency and physical presence requirements that would otherwise require time on the mainland.12Office of the Law Revision Counsel. 8 U.S.C. 1436 – Nationals but Not Citizens; Residence Within Outlying Possessions
The underlying requirements come from the general naturalization statute:
- At least five years of continuous residence in the United States, which for nationals includes time in the outlying possessions
- At least 30 months of actual physical presence during those five years
- At least three months of residency in the state or USCIS district where the application is filed
- Good moral character throughout the five-year period, assessed through criminal background checks and tax compliance review
Because time in the outlying possessions counts, a national who has lived in American Samoa for years already satisfies continuous residence and physical presence. The main practical step is establishing three months of residency in a state before filing. Nationals do not need a green card and do not go through the immigrant visa process, since they already have the right to reside permanently in the United States.
Filing Form N-400
The application for naturalization is Form N-400. For 2026, filing fees are $710 online or $760 by paper. There is no separate biometrics fee.14U.S. Citizenship and Immigration Services. N-400, Application for Naturalization Applicants with household income below 400% of the federal poverty guidelines can request a reduced fee of $380, and those at or below 150% may qualify for a full fee waiver.15U.S. Citizenship and Immigration Services. Additional Information on Filing a Reduced Fee Request
USCIS no longer accepts personal checks, money orders, or cashier’s checks for paper filings unless an exemption applies. Paper filers pay by credit card, debit card, or prepaid card using Form G-1450, or directly from a U.S. bank account using Form G-1650. Online filers pay through Pay.gov. Applicants requesting a reduced fee or fee waiver must submit a paper form; the online option is not available for those requests.14U.S. Citizenship and Immigration Services. N-400, Application for Naturalization
The application requires a Social Security number, evidence of status as a non-citizen national, residential and employment history, and accurate dates for any travel outside the country. After USCIS receives the form, it schedules a biometrics appointment for fingerprints and photographs. Later stages include an interview with a USCIS officer who reviews the application details, tests English proficiency, and assesses civic knowledge. If the officer approves, the last step is a naturalization ceremony where the applicant takes the Oath of Allegiance.
Why This Status Exists and Whether It Will Change
Congress derives its authority over outlying possessions from the Territorial Clause in Article IV, Section 3 of the Constitution, which grants Congress the power to “make all needful Rules and Regulations” for U.S. territory. The scope of that power was shaped by the Insular Cases, a series of Supreme Court decisions from the early 1900s holding that the Constitution does not automatically apply in full to unincorporated territories.16Cornell Law School Legal Information Institute. Constitution Annotated – Article IV, Section 3, Clause 2 – Property Clause Under those rulings, only rights the Court deemed “fundamental” are guaranteed. Other protections, including birthright citizenship, can be extended or withheld at Congress’s discretion.
The Insular Cases remain controlling law but are increasingly contested. In United States v. Vaello Madero (2022), Justice Gorsuch wrote a concurrence calling the Insular Cases an error built on “racial stereotypes” and “theories of social Darwinists,” arguing they “have no foundation in the Constitution” and “deserve no place in our law.”17Supreme Court of the United States. United States v. Vaello Madero (2022)
The citizenship question itself came to a head in Fitisemanu v. United States, where American Samoans born in the territory argued the Fourteenth Amendment’s Citizenship Clause guaranteed them birthright citizenship. The Tenth Circuit Court of Appeals disagreed in 2021, ruling that Congress holds the primary role in determining citizenship for unincorporated territories.18Justia Law. Fitisemanu v. United States, No. 20-4017 (10th Cir. 2021) The court noted that American Samoa’s own elected representatives had asked the court not to impose citizenship on a population that had not formed a consensus in favor of it. Many American Samoans worry that automatic citizenship could threaten their communal land ownership system and cultural governance structures.
The Supreme Court declined to take up the case in October 2022, leaving the Tenth Circuit decision in place. For now, non-citizen nationals who want citizenship obtain it through naturalization rather than by birth, and any change to that framework will require either action from Congress or a future Supreme Court willing to revisit the Insular Cases directly.