Department of Homeland Security Seeks Public Comments for Public Charge Rulemaking

August 27, 2021 Ian Love

The Department of Homeland Security (DHS) has published an Advance Notice of Proposed Rulemaking (ANPRM) for the public charge rule to seek data and information from the public, nonprofit organizations, and state, territorial, local and tribal agencies that administer public benefits programs.  


DHS is seeking input from the public on the controversial public charge rule. The agency will use the public’s feedback to develop a fair public charge regulatory proposal. Additionally, the feedback will ensure that the agency’s proposed regulation does not impose undue burdens on noncitizens who are seeking admission to the U.S. or who are seeking an adjustment of status.  

The ANPRM considers how DHS should define the term “public charge,” which public benefits the agency should consider when making an inadmissibility determination, and how the agency should assess factors when determining a noncitizen’s likelihood of becoming a public charge.  

Looking Ahead  

The ANPRM public comment period will last 60 days, starting on Aug. 23, 2021 and concluding on Oct. 22, 2021.  


Envoy is pleased to provide you this information, which was prepared in collaboration with Ian Love, who is a Partner at Global Immigration Associates, P.C. (, one of the two U.S. law firms Envoy exclusively works with on the Envoy Platform (the "U.S. Law Firms").  

Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. Envoy is not a law firm, and does not provide legal advice. If you would like guidance on how this information may impact your particular situation and you are a client of one of the U.S. Law Firms, consult your attorney. If you are not a client of a U.S. Law Firm working with Envoy, consult another qualified professional. This website does not create an attorney-client relationship with either U.S. Law Firm. 

About the Author

Ian is a Partner at Global Immigration Associates. His practice focuses on immigrant and nonimmigrant matters for companies ranging from small startups to Fortune 500 companies.

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