State Department Public Charge Regulations Postponed

The State Department’s new public charge rules that was originally set up take effect on October 15 has now been postponed. These new rules mirrored the Department of Statement’s public charge rules, which were also supposed to go into effect on October 15. However, on October 11, a New York district judge issued a preliminary injunction against the Department of State’s public charge rules. Although the State Department’s regulations were not included in the injunction, the State Department has postponed implementation so regulations across the board are consistent. To find out more about DHS’ changes, please click here.

According to the new rules, the State Department will review the personal circumstances of nonimmigrant and immigrant applicants under a “totality of circumstances” test. This test includes consideration of a foreign national’s age, household size, income, financial assets and liabilities, receipt of certain public benefits, health, education and skills, and prospective immigration status. To find out more about State Department’s changes, please click here.

The State Department announcement means that visa applicants will not be required to submit extensive public charge information for now. However, immigrant visa applicants remain subject to the new regulation that requires them to show that they will have unsubsidized health insurance within 30 days of entry to the United States (or the financial resources to pay for reasonably foreseeable medical expenses), which will go into effect on November 3.