A US national is any person who owes permanent allegiance to the United States. Every US citizen is automatically a national, but a smaller group holds national status without being citizens, and that is usually what people mean when they ask what “US national” refers to. In practice, non-citizen nationals are mostly people born in American Samoa or Swains Island. They can live and work anywhere in the country, carry a US passport, and take federal jobs, but they cannot vote in federal elections, sit on a federal jury, or run for Congress or the presidency.
The Legal Definition
Federal immigration law draws a three-way line. Under 8 U.S.C. § 1101, a “national of the United States” is either a US citizen or a person who, though not a citizen, owes permanent allegiance to the United States.1Office of the Law Revision Counsel. 8 USC 1101 – Definitions An “alien” is anyone who is neither a citizen nor a national. That line matters because the entire framework of visas, green cards, and deportation is built around the word “alien.” Non-citizen nationals sit outside it.
Who Holds Non-Citizen National Status
People Born in American Samoa or Swains Island
Almost everyone with non-citizen national status was born in American Samoa or Swains Island, the only territories federal law designates as “outlying possessions of the United States.”2LII / Legal Information Institute. 8 USC 1101(a)(29) – Definition of Outlying Possessions of the United States US sovereignty over Swains Island was formally extended in 1925, making it part of American Samoa.3Office of the Law Revision Counsel. 48 USC 1662 – Sovereignty of United States Extended Over Swains Island Puerto Rico, Guam, the US Virgin Islands, and the Northern Mariana Islands once produced non-citizen nationals too, but Congress granted each of those populations citizenship through separate legislation. American Samoa is the last territory still tied to the older status.
Children Born Abroad to Non-Citizen National Parents
The status can pass to a child born outside the United States. Under 8 U.S.C. § 1408, a child born abroad acquires it at birth if both parents are non-citizen nationals and at least one had prior residence in the US or an outlying possession. When only one parent is a non-citizen national and the other is a foreign citizen, the national parent must have been physically present in the US or its outlying possessions for at least seven years within a ten-year window before the child’s birth, with at least five of those years after age fourteen.4Office of the Law Revision Counsel. 8 USC 1408 – Nationals but Not Citizens of the United States at Birth The parent cannot have spent more than one continuous year outside the country during that period.
What a Non-Citizen National Can Do
Live and Work Anywhere in the US
Because non-citizen nationals are not aliens, they need no visa, green card, or work permit to live or work in any state or territory.1Office of the Law Revision Counsel. 8 USC 1101 – Definitions Someone can move from American Samoa to New York or Texas with the same freedom a citizen has. Employers do not sponsor them. No immigration paperwork is involved.
Hold a US Passport
Federal law authorizes passports for all persons “owing allegiance, whether citizens or not, to the United States.”5Office of the Law Revision Counsel. 22 USC 212 – Persons Entitled to Passport The passport book carries an endorsement reading “THE BEARER IS A UNITED STATES NATIONAL AND NOT A UNITED STATES CITIZEN,” and passport cards print “U.S. National” on the front instead of “USA.”6Foreign Affairs Manual. 8 FAM 505.2 Passport Endorsements
Take Federal Jobs
Non-citizen nationals are eligible for competitive-service federal jobs on the same basis as citizens. The Office of Personnel Management confirms that under Executive Order 11935, both citizens and nationals may be appointed to competitive service positions.7U.S. Office of Personnel Management. Employment FAQ – Do I Have to Be a US Citizen to Apply Green card holders and other non-citizens can be hired only in rare cases where no qualified citizen or national is available.
Receive Federal Student Aid and SSI
The Department of Education treats non-citizen nationals identically to citizens for FAFSA purposes, though applicants whose status cannot be verified through Social Security Administration records may need to submit a passport or birth certificate stamped “Noncitizen National.”8FSA Partners. US Citizenship and Eligible Noncitizens Supplemental Security Income eligibility also lists “a citizen or national of the United States” among its requirements.9Social Security Administration. SSI Eligibility Requirements
Buy Firearms Without Alien Restrictions
Federal firearms regulations define “alien” as “any person not a citizen or national of the United States.”10ATF eRegulations. 27 CFR 478.11 – Meaning of Terms Non-citizen nationals fall outside that definition, so the extra rules that apply to non-immigrant aliens buying firearms, including the 90-day residency requirement, do not apply to them.
Stay in the Country Permanently
The grounds for removal under 8 U.S.C. § 1227 apply exclusively to “aliens,” and every listed category of deportable persons begins with the phrase “any alien who.”11Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens A non-citizen national cannot be deported or removed, regardless of criminal convictions or other conduct that would trigger removal for a green card or visa holder.
What a Non-Citizen National Cannot Do
Vote in Federal Elections
The Constitution reserves federal voting rights for citizens, and federal law makes it a crime for non-citizens to vote in elections for President, Vice President, Senator, or Representative. American Samoa itself sends a single nonvoting delegate to the House of Representatives and has no electoral votes.12Office of the Law Revision Counsel. 48 USC Chapter 16 Subchapter II – American Samoa A non-citizen national who moves to a state and later naturalizes gains full voting rights.
Serve on Federal Juries
Federal courts require jurors to be “a citizen of the United States” who is at least eighteen and has lived in the judicial district for one year.13Office of the Law Revision Counsel. 28 USC 1865 – Qualifications for Jury Service Non-citizen nationals are excluded from federal grand and petit juries.
Run for Federal Office
The Constitution requires House members to have been US citizens for at least seven years, senators for at least nine years, and the President to be a natural-born citizen.14Constitution Annotated (Library of Congress). Article II Section 1 Clause 5 – Qualifications for the Presidency National status alone satisfies none of these.
Hold a Security Clearance
Executive Order 12968 restricts security clearance eligibility to US citizens, and the Defense Counterintelligence and Security Agency confirms that non-citizens do not qualify.15Defense Counterintelligence and Security Agency. Security Assurances for Personnel and Facilities A Limited Access Authorization at the Secret level may be available in narrow circumstances, but it is restricted to a specific program or project and is not a true clearance.
How Federal Taxes Work
Tax treatment is not simply “same as citizens.” The IRS classifies non-citizen nationals who live outside the US, including in American Samoa, as nonresident aliens for federal income tax purposes. They owe US tax only on income effectively connected to a US trade or business or on certain US-source income.16Internal Revenue Service. Publication 519 – US Tax Guide for Aliens American Samoa runs its own tax system, so residents there generally file locally rather than with the IRS.
Once a non-citizen national moves to a state and meets the substantial presence test, they become resident aliens for tax purposes and are taxed on worldwide income at the same graduated rates as citizens.16Internal Revenue Service. Publication 519 – US Tax Guide for Aliens Where you live drives the IRS treatment, not the national status by itself.
Selective Service Registration
Male non-citizen nationals from American Samoa between 18 and 25 must register with the Selective Service System when they are habitual residents of the United States or have lived here for at least one year. Full-time students who entered solely for educational purposes and stay in that status are generally exempt, as are employees of their home territory’s government.17Selective Service System. Who Needs to Register Failing to register can block federal student aid, federal employment, and eventual naturalization.
The Path to US Citizenship
A non-citizen national who wants to become a citizen has a shorter path than most immigrants. Under 8 U.S.C. § 1436, a non-citizen national who establishes residence in any US state may apply for naturalization without first obtaining a green card.18Office of the Law Revision Counsel. 8 USC 1436 – Nationals but Not Citizens; Residence Within Outlying Possessions Time spent living in American Samoa or another outlying possession counts toward the residency requirement.
The application is Form N-400, the same one every naturalization applicant files. As of early 2026, the filing fee is $710 online or $760 on paper, with a reduced fee of $380 for applicants who qualify based on income and a full fee waiver for those who show inability to pay.19U.S. Citizenship and Immigration Services. Application for Naturalization Median processing time was 5.6 months as of fiscal year 2025, though timelines vary by USCIS field office.20U.S. Citizenship and Immigration Services. Historic Processing Times
How to Prove Non-Citizen National Status
Two documents establish the status. The most common is a US passport with the endorsement described above. The other option is a certificate of non-citizen national status: under 8 U.S.C. § 1452, a person claiming the status may apply to the Secretary of State for one.21Office of the Law Revision Counsel. 8 USC 1452 – Certificates of Citizenship or US Non-Citizen National Status; Procedure Applicants born outside the US or its outlying possessions must also take an oath of allegiance before an immigration officer. The certificate is useful for federal employment paperwork, student aid verification, and other situations where a passport alone leaves questions.