On August14, 2019 the Department of Homeland Security (DHS) announced anew “public charge” rule; this rule will go into effect on October 15,2019.  Under a longstanding law and policy, if immigration authoritiesdetermine someone is “likely to become a public charge” the US can deny theapplicant’s green card or other visa to the US.  A public charge issomeone who is dependent on the government, through benefits programs. The Trump Administration’s new rule changes the standard by the DHS determineswhether a foreign national is likely to become a public charge.

Underthe previous policy, DHS examined whether an intending immigrant was primarilydependent on public benefits.  Under the newrule, immigration officers will examine whether immigrants arelikely at any time to become a public charge, using amulti-factor test. 

Public benefitsunder the new rule include:
  1. Any federal, state, or local cash assistance, including:

    1.   Social Security Income (SSI)
    2.  Temporary Assistance for Needy Families (TANF)
    3.  Government programs for income maintenance often called “general assistance”

  1. Supplemental Nutrition Assistance Program (SNAP) also known as food stamps
  2. Section 8 Housing Assistance
  3. Medicaid, with certain exceptions
  4. Public Housing under Section 

Theimmigration officer will take into account a broad range of factors andconsider all of the following when making a determination if the foreignnational visa applicant is likely to become a pubic charge:

  1. Receipt ofa public benefit for more than 12 months in the aggregate within a 36 monthperiod
  2. Age
  3. Health
  4. Familystatus
  5. Educationand skills
  6. Assets,resources, and financial status


Thisrule will apply to all applicants for any type of visa, though it is expectedthat the immigration officers will look most closely at those applying for agreen card.  Employment-based visa applicants should be treated favorablybecause, by virtue of their employer-sponsor, they have guaranteed employmentand income in the United States.  However, policy experts forecast thatthis rule will likely be applied inconsistently and cause fewer legalimmigrants to enter the United States.