Last Updated on February 23, 2023
Key Points
- USCIS has issued guidance on the end of the 2019 Public Charge Rule’s application
- USCIS’ guidance follows decisions to enjoin or invalidate the application of the 2019 Public Charge Rule and the Biden administration’s refusal to defend appeals of the rule
- Applicants should not submit information to USCIS related solely to the 2019 Public Charge Rule, which includes Form I-944, Declaration of Self-Sufficiency previously required for I-485 green card applications, and Public Charge information in Forms I-129 (Part 6), I-539 (Part 5) and I-539A (Part 3)
- A response is not required for a Notice of Intent to Deny (NOID) or Request for Evidence (RFE) due on or after March 9, 2021 that requests information related only to the 2019 Public Charge Rule
Overview
Following court decisions to enjoin or invalidate the application of the 2019 Public Charge Rule and the Biden administration’s recent refusal to defend appeals of the rule, U.S. Citizenship and Immigration Services (USCIS) has published guidance for employers and applicants. Effective immediately, USCIS will apply Public Charge guidance put in place in 1999. The 1999 Public Charge guidance is narrower in scope.
What are the Changes?
Effective immediately, applicants and petitioners should not submit information related exclusively to the 2019 Public Charge Rule to USCIS. The agency has also removed Form I-944 from its website.
Applicants for change of nonimmigrant status and extension of nonimmigrant stay should not submit information related to receipt of public benefits on the following forms:
- Form I-129 (Part 6)
- Form I-539 (Part 5)
- Form I-539A (Part 3)
Applicants for adjustment of status should not include Form I-944, Declaration of Self-Sufficiency, or any corresponding evidence or documentation to accompany Form I-944, when they submit their Form I-485.
If applicants have already submitted information related to the 2019 Public Charge Rule, effective immediately, the agency will not consider any information related exclusively to the rule when adjudicating the application.
Applicants who have received a Notice of Intent to Deny (NOID) or a Request for Evidence (RFE) requesting information pertaining only to the 2019 Public Charge Rule, including Form I-944, are not required to provide that information if the due date for the NOID or RFE is on or after March 9, 2021. However, a response must still be provided for any other parts of the NOID or RFE that pertain to eligibility for the benefit that the applicant is seeking.
Looking Ahead
Public Charge actions are under review by federal agencies. Envoy and Global Immigration Associates will provide updates as they become available.
Envoy is pleased to provide you this information, which was prepared in collaboration with Anne Walsh, who is a Partner at Global Immigration Associates, P.C. (www.giafirm.com), Envoy’s affiliated law firm.
Content in this publication is not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult an Envoy-affiliated attorney or another qualified professional.
