State Benefits and Restrictions for Non-Citizens in West Virginia 2025

Key Takeaways

• West Virginia enforces a five-year Medicaid waiting period for legally present non-citizens starting July 4, 2025.
• New HB 2961 restricts foreign-controlled entities from owning land, effective July 10, 2025.
• Driver’s licenses require proof of legal presence with no extra restrictions for non-citizens.

As of July 2025, non-citizens living in West Virginia face a mix of benefits and restrictions when it comes to state-level services like healthcare, driver’s licenses, and property ownership. These rules affect thousands of immigrants and their families, shaping daily life and long-term plans. Here’s a detailed look at what non-citizens in West Virginia need to know, why these policies matter, and how they can take action to access available benefits or meet state requirements.

Who Is Affected and What’s Changing?

Non-citizens—meaning people who are not U.S. citizens, including lawful permanent residents (green card holders), visa holders, refugees, and others—must follow special rules in West Virginia for healthcare, driver’s licenses, and property ownership. As of July 4, 2025, the state has updated some of these policies, especially around Medicaid and property laws. These changes come as part of a national trend where states are reviewing how non-citizens can access public services.

Medicaid and Healthcare Access for Non-Citizens

Medicaid Eligibility: The Five-Year Waiting Period

Medicaid is a government health insurance program for people with low incomes. In West Virginia, non-citizens who are “legally present” (meaning they have permission to live in the United States 🇺🇸) can apply for Medicaid, but there’s a catch: most new immigrants must wait five years after getting their legal status before they can enroll. This rule is sometimes called the “five-year bar.”

Who can get Medicaid in West Virginia?
– Legally present non-citizens who have lived in the United States 🇺🇸 for more than five years
– Pregnant women, children under 19, and adults aged 19-64 who meet income limits
– People with disabilities, the elderly, and families with very low incomes

Income limits for Medicaid (2025):
– Infants (0-1 year): Up to 163% of the federal poverty level (FPL)
– Children (1-5 years): Up to 146% FPL
– Children (6-18 years): Up to 138% FPL
– Pregnant women: Up to 190% FPL (CHIP covers up to 300% FPL)
– Adults (19-64): Up to 138% FPL

What does Medicaid cover?
– Doctor visits, hospital stays, and emergency care
– Physical, occupational, and speech therapy
– Home health visits and rehabilitation
– Durable medical equipment (like wheelchairs)
– Laboratory services (like blood tests)
– Some services have visit limits or need special approval

CHIP: Health Insurance for Children and Pregnant Women

The Children’s Health Insurance Program (CHIP) helps cover children and pregnant women in families with higher incomes. In West Virginia, CHIP is open to children and pregnant women up to 300% of the federal poverty level. However, the five-year waiting period also applies to most new non-citizen arrivals.

Renewal and “Unwinding” After COVID-19

During the COVID-19 emergency, Medicaid renewals were paused to keep people covered. As of April 2025, West Virginia has restarted the normal renewal process. Non-citizens must respond to renewal forms from the Department of Health and Human Resources (DHHR) to keep their coverage. If you don’t respond, your Medicaid could end.

Practical steps for non-citizens:
1. Check your eligibility: Make sure you’ve lived in the United States 🇺🇸 for at least five years if you’re a new immigrant.
2. Apply through DHHR: Use the West Virginia DHHR online portal or visit a local office.
3. Provide documents: Show proof of legal presence, income, and household size.
4. Watch for renewal notices: Respond quickly to keep your coverage.

No State Health Coverage for Undocumented Immigrants

Unlike some states, West Virginia does not offer public health insurance to undocumented immigrants or to all adults regardless of immigration status. Only those who are legally present and meet the five-year rule can get Medicaid or CHIP.

Driver’s Licenses for Non-Citizens in West Virginia

Legal Presence Requirement

To get a driver’s license in West Virginia, you must show proof that you are legally allowed to be in the United States 🇺🇸. This means you need to bring documents like a green card, visa, or other official papers. Non-citizens who are legally present can apply for a driver’s license just like citizens.

What documents do you need?
– Proof of legal presence (such as a green card, visa, or I-94 arrival record)
– Proof of West Virginia address (like a utility bill or lease)
– Social Security number (if you have one)

DUI and Substance Abuse Education

If a non-citizen is charged with driving under the influence (DUI) in West Virginia, they must complete a substance abuse evaluation and at least 18 hours of DUI education. If you live out of state, you can sometimes complete this education elsewhere, but you need approval and proper paperwork from the West Virginia Division of Motor Vehicles (DMV).

No Extra Restrictions for Non-Citizens

There are no special restrictions for non-citizens beyond the legal presence rule. As long as you have the right documents, you can get a license. There are also no new laws in 2024 or 2025 that add extra steps for non-citizens.

How to apply for a driver’s license:
1. Gather your documents (proof of legal presence, address, Social Security number)
2. Pass the written, vision, and road tests
3. Submit your paperwork at the West Virginia DMV
4. If needed, complete DUI education and submit proof

Property Ownership: New Restrictions for Foreign Entities

House Bill 2961: Limiting Foreign Ownership

Starting July 10, 2025, West Virginia will enforce House Bill 2961, which restricts certain foreign individuals, companies, and governments from buying or owning land, especially agricultural land and mineral rights. This law is aimed at foreign-controlled entities—businesses or organizations that are owned or controlled by foreign governments or companies.

Who is affected?
– Foreign-controlled businesses and governments
– Some foreign individuals if they are part of a restricted entity

Who is not directly affected?
– Individual non-citizens with lawful residence (like green card holders) who are not part of a restricted business

This law follows a trend in other states to limit foreign ownership of critical land, especially farmland and resources.

Employment and Labor Laws

No New State Rules for Non-Citizen Workers

West Virginia’s employment rules for non-citizens are mostly set by federal law. In 2025, the state passed a new law (Senate Bill 427) changing child labor rules, but it does not specifically address non-citizen workers. If you are a non-citizen, your right to work depends on your immigration status and federal work authorization.

Agencies and Officials Involved

• West Virginia Bureau for Medical Services (BMS): Runs Medicaid and sets eligibility rules
• West Virginia Department of Health and Human Resources (DHHR): Handles Medicaid applications and renewals
• Governor Patrick Morrisey: Signed the new property ownership law (HB 2961)
• West Virginia Division of Motor Vehicles (DMV): Issues driver’s licenses and manages DUI education

Step-by-Step: How Non-Citizens Can Access Benefits

Medicaid Enrollment

1. Check your status: Make sure you are legally present and have lived in the United States 🇺🇸 for more than five years.
2. Apply: Use the DHHR website or visit a local office.
3. Submit documents: Bring proof of legal presence, income, and household size.
4. Renew coverage: Respond to all renewal notices to keep your Medicaid active.
5. Use your benefits: Once approved, use your Medicaid card for covered services.

Driver’s License Application

1. Gather documents: Proof of legal presence, address, and Social Security number (if you have one)
2. Take tests: Written, vision, and road tests at the DMV
3. Complete DUI education: If required, finish the substance abuse program and submit proof
4. Get your license: Submit all paperwork to the DMV

Property Ownership

• Check your status: If you are an individual non-citizen with lawful residence, you can usually buy property unless you are part of a restricted foreign-controlled entity.
• For businesses: Make sure your company is not controlled by a foreign government or entity restricted by HB 2961.

Implications for Stakeholders

For Non-Citizens and Immigrant Families

• Healthcare: The five-year waiting period for Medicaid means new immigrants may have to pay for private insurance or go without coverage for several years. This can be a big challenge for families with children or pregnant women.
• Driver’s Licenses: Being able to get a license helps non-citizens work, go to school, and care for their families. The legal presence rule is strict, but there are no extra hurdles beyond that.
• Property Ownership: Most individual non-citizens can still buy homes, but foreign businesses face new limits. This could affect investment and business opportunities.

For Employers

• Hiring: Employers must follow federal rules when hiring non-citizens. There are no new state restrictions, but it’s important to check work authorization documents.

For State Agencies

• DHHR and BMS: Must process Medicaid applications and renewals, making sure non-citizens meet the five-year rule.
• DMV: Responsible for checking legal presence and managing DUI education for non-citizens.

For the Broader Community

• Healthcare access: Delays in Medicaid coverage for new immigrants can lead to higher emergency room use and public health costs.
• Property laws: New restrictions may affect local economies, especially in agriculture and real estate.

Future Outlook

As of mid-2025, there are no announced plans to remove the five-year Medicaid waiting period or to expand public health coverage to all non-citizens. The new property law (HB 2961) will start being enforced in July 2025, and it’s possible that more states will pass similar laws. Driver’s license rules are not expected to change soon.

Where to Get Help and More Information

• Medicaid and Health Coverage: West Virginia Bureau for Medical Services
• Driver’s Licenses and DUI Education: West Virginia DMV
• Property Laws and Legislation: West Virginia Legislature
• General Immigration Forms: For federal forms like green card applications, visit the USCIS Forms page

If you have questions about your specific situation, contact the relevant state agency or a qualified immigration attorney.

Summary Table: Key Benefits and Restrictions for Non-Citizens in West Virginia (2025)

Final Thoughts and Practical Takeaways

Non-citizens in West Virginia face important rules that shape their access to healthcare, driving privileges, and property ownership. The five-year waiting period for Medicaid is a major barrier for many new immigrants, while the legal presence rule for driver’s licenses allows those with the right documents to drive legally. The new property law mainly affects foreign businesses, not most individual immigrants.

Key steps for non-citizens:
– Check your eligibility for Medicaid and CHIP, and apply if you meet the five-year rule
– Gather all required documents before applying for a driver’s license
– Stay informed about property laws if you plan to buy land or invest in West Virginia

As reported by VisaVerge.com, staying up to date with state and federal rules is the best way for non-citizens to protect their rights and access available benefits. For the latest updates and official guidance, always refer to trusted sources like the West Virginia Bureau for Medical Services.

By understanding these rules and taking action, non-citizens in West Virginia can better plan for their health, work, and family needs in 2025 and beyond.

Learn Today

Medicaid → A government health insurance program for low-income individuals, with eligibility based on income and residency status.
CHIP → Children’s Health Insurance Program providing coverage for children and pregnant women up to 300% of the federal poverty level.
Five-year waiting period → A mandated delay before most new legally present immigrants can access Medicaid benefits.
House Bill 2961 → A 2025 West Virginia law restricting foreign-controlled entities from owning agricultural or mineral land.
Legal presence → Proof that an immigrant is authorized to live in the United States, required for benefits and licenses.

This Article in a Nutshell

West Virginia’s 2025 policies shape non-citizen lives, including Medicaid’s five-year wait, property limits on foreign entities, and driver’s license rules based on legal presence. These changes directly impact immigrant healthcare access, land ownership, and mobility, defining opportunities and challenges for thousands living in the state.
— By VisaVerge.com