Public Charge Update
Final Rules on Public Charge Determinations:
New Department of Homeland Security (DHS) and Department of State (DOS) public charge regulations were originally scheduled to go into effect on October 15, 2019. A preliminary injunction issued by the U.S. District Court for the Southern District of New York and other district courts halted enforcement of the DHS rule. On January 27, 2020 and February 21, 2020, however, the U.S. Supreme Court lifted the injunctions, allowing DHS to enforce its rule nationwide. Both USCIS and DOS announced that they implemented new rules on February 24, 2020.
The new rules require DHS and DOS to consider the totality of the circumstances and make a prospective, forward-looking determination of whether applicants for an immigrant or nonimmigrant visa, applicants for admission to the United States, and applicants for adjustment of status to lawful permanent residence are likely to become a public charge “at any time” in the future. The DHS regulation also introduces a related (but different) public benefits condition for change of status (COS) and extension of stay (EOS) nonimmigrant applicants, who will have to demonstrate that “since obtaining the nonimmigrant status” they seek to extend or change, until the date USCIS adjudicates the COS or EOS application, they have not received one or more of the listed public benefits over the designated duration threshold.”
DHS and DOS will generally only consider public benefits received on or after February 24, 2020 for petitions or applications postmarked on or after that date.
The Office of International Services will continue to assess the level of impact this new rule will have on our international population. For those submitting H-1B packets, keep in mind that the H-1B beneficiaries will have to complete a public charge form in most cases. You can locate the new form on the OIS SharePoint site. This is a complex issue and any questions should be directed to our office or a qualified immigration attorney. For more information, please visit: NAFSA Public Charge.