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.

Originally Published 12 March, 2021

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.