Important Updates
Important Updates
May 8, 2025 | NigeriaNigeria: New Visa Categories and Visa Exemption Implemented
May 8, 2025 | CanadaCanada: International Experience Canada Extension Process Simplified
May 8, 2025 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
May 8, 2025 | 🌐Minimum Salary Changes Announced
May 8, 2025 | NigeriaNigeria: New Digital Process Announced for Quota, Business Permit, and CERPAC Applications
May 8, 2025 | NigeriaNigeria: New Visa Categories and Visa Exemption Implemented
May 8, 2025 | CanadaCanada: International Experience Canada Extension Process Simplified
May 8, 2025 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
May 8, 2025 | 🌐Minimum Salary Changes Announced
May 8, 2025 | NigeriaNigeria: New Digital Process Announced for Quota, Business Permit, and CERPAC Applications
May 8, 2025 | NigeriaNigeria: New Visa Categories and Visa Exemption Implemented
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian

Select Language

  • English
  • French
  • French - Canadian
ContactCareersMedia
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcastsVideos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationImmigration Matters: Your U.S. Compliance RoadmapFragomen Consulting EuropeAustralian Immigration: New Skills in Demand Visa
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts
  • Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Fragomen Consulting Europe
  • Australian Immigration: New Skills in Demand Visa

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian

Select Language

  • English
  • French
  • French - Canadian
ContactCareersMedia
  • Insights

DHS Public Charge Rule Invalidated as Biden Administration Drops Lawsuit Appeals

March 11, 2021

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a Glance

  • As of March 9, 2021, the DHS public charge rule is no longer in effect.
  • Adjustment of status applicants are no longer required to submit Form I-944 declarations of self-sufficiency and related documentation as of that date.
  • Applicants for nonimmigrant changes of status and extensions of stay are no longer required to respond to questions about their receipt of public benefits.
  • The change results from the Biden administration withdrawing its pending government appeals on challenges to the rule, therefore allowing a lower court order vacating the rule to take effect.

The issue

The Department of Homeland Security’s (DHS) 2019 public charge rule – which required petitioners and applicants for certain immigration benefits to disclose information concerning their receipt of public benefits and, for some, detailed financial information – is no longer in effect after the U.S. government withdrew its pending lawsuit appeals, and a lower court decision invalidating the rule was reinstated. As a result, the agency’s 1999 field guidance on public charge admissibility – the policy in place before the 2019 DHS public charge rule – is back in effect.

U.S. Citizenship and Immigration Services has confirmed that, as of March 9, 2021, foreign nationals no longer need to provide information solely required by the 2019 regulation. This means that applicants for adjustment of status to permanent residence are no longer obligated to submit Form I-944, the declaration of self-sufficiency, and related documentation. Likewise, applicants for nonimmigrant changes and extensions of status are not required to respond to questions about receipt of public benefits on Forms I-129, I-539 and I-539A. For affected applications and petitions pending on March 9, USCIS will not consider information solely required by the 2019 public charge regulation in adjudicating the case.

Background

On March 9, DHS Secretary Alejandro N. Mayorkas announced that the U.S. government will no longer defend the agency’s 2019 public charge rule in the various lawsuits pending across the United States.  The agency stated that defending the rule is neither in the public interest nor an efficient use of limited government resources. The decision follows an early February Executive Order issued by President Biden that called for an immediate review of agency actions on public charge.

The government has been filing requests to dismiss all of its appeals of unfavorable lower court rulings on public charge around the country. Appeals in the U.S. Supreme Court and in the Seventh Circuit (Cook County et al. v Wolf et al. 19-cv-6334) are now dismissed.

1999 policy on public charge reinstated

Dismissal of DHS’s appeal in the Cook County case means that the final judgment of the lower court, which vacated the 2019 public charge rule, goes into effect. As a result, the DHS 1999 interim field guidance on the public charge inadmissibility provision -- the policy that was in place before the 2019 public charge rule -- is reinstated. 

Under the 1999 guidance, “public charge” means a foreign national who has become or is likely to become primarily dependent on the U.S. government either by the receipt of cash assistance for income maintenance or by institutionalization for long-term care at U.S. government expense. Under this definition, DHS does not consider a person’s receipt of Medicaid or other non-cash benefits (except for use for long-term institutionalization) or of Supplemental Nutrition Assistance Program benefits (SNAP) as part of a public charge admissibility determination. Also, under the reinstated policy, the public charge inquiry is not applied to nonimmigrant extensions of stay and change of status applications.

Public charge review continues

DHS has stated that its review of public charge agency action continues, in consultation with other agencies, as required by President Biden’s February Executive Order. As a reminder, the State Department public charge rule is separately barred from enforcement. That rule applies to foreign nationals applying for visas from outside of the United States.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Video

Golden Visa Direct Approval Filing via AXS Portal - Tecom Freezone | #MobilityMinute

In this Mobility Minute, Manager Devika Thamattat outlines how, effective immediately, all Golden Visa applications filed by the direct approval route for employees working at companies licensed by the Dubai Development Authority can only be filed via the AXS Portal.

Learn more

Blog post

Understanding Compliance with PIC 4020: Meeting the Character Criteria for Australian Visas

Senior Associate Pamela Taukuro explains the requirements and steps necessary to meet the character criteria for obtaining Australian visas under PIC 4020.

Learn more

Video

France Digital Nomad Visa: Visitor Visa | How To Apply

Immigration Consultant Azela Hadia discusses France’s Visitor Visa – a key option for digital nomads looking to work remotely from one of the world’s most iconic destinations.

Learn more

Blog post

France’s Visitor Visa: A Faster Option for Family Members of Local Hire (Salarié) Employees

Immigration Consultant Laura Varon Osorio discusses France's visitor visa as a faster option for family members of local hire (Salarié) employees.

Learn more

Media mentions

Deutsche-Startups: Workation – How Startups Overcome The Legal Hurdles

Senior Manager Katharina Vorländer outlines the legal and compliance challenges startups must navigate to offer workations while minimising risk.

Learn more

Media mentions

Times of India: Australia: Reduction in Net Migration to Continue; Minimum Salary to Rise for Skilled Visa and International Students May See Visa Fee Hike

Australia and New Zealand Managing Partner Teresa Liu highlights upcoming changes in Australia’s immigration policy under the re-elected Labour party.

Learn more

Video

Passports & Pitch Side: Footballers on the Move ⚽🌍 | #FragomenFC - Ep. 7 (Part 1)

#FragomenFC co-hosts are joined by Senior Associate Tuğba Özyakup and her cousin, Oğuzhan ("Ozzy") Özyakup, a professional footballer who has competed at the highest levels of the sport.

Learn more

Blog post

Understanding the GCC Pension Framework: A Guide to Monthly Contributions, Employer Responsibilities and Compliance

Social Security Manager Gufran Al Bash provides a comprehensive guide to the GCC pension framework, detailing monthly contributions, employer responsibilities and compliance requirements.

Learn more

Media mentions

Business Standard: Liberals' Return in Canada a Win-Lose for Indian Workers, Students: Decoded

Partner David Crawford discusses how Canada’s new Liberal government could bring more predictable immigration policies focused on labour needs.

Learn more

Awards

Fragomen and Partner Rahul Soni Honored at Invest In the USA (IIUSA) I-829 & I-526 Awards Ceremony

Fragomen and Partner Rahul Soni were honored at the Invest In the USA (IIUSA) I-829 & I-526 Awards Ceremony in Houston, Texas, during the 2025 IIUSA EB-5 Industry Forum held from April 28-30, 2025.

Learn more

Blog post

Navigating Tariffs, Talent and Trade: The Automotive Industry Faces a Defining Moment

Partner Christian Dallman discusses how the automotive industry is navigating significant challenges related to tariffs, talent shortages and trade dynamics, marking a critical moment for its future.

Learn more

Awards

Partner Cosmina Morariu Receives Ecosystem Builder Award at Semiconductor Achievement Awards

Partner Cosmina Morariu of Fragomen in Canada received the Ecosystem Builder Award as part of the inaugural Semiconductor Achievement Awards, hosted by Canada’s Semiconductor Council.

Learn more

Video

Golden Visa Direct Approval Filing via AXS Portal - Tecom Freezone | #MobilityMinute

In this Mobility Minute, Manager Devika Thamattat outlines how, effective immediately, all Golden Visa applications filed by the direct approval route for employees working at companies licensed by the Dubai Development Authority can only be filed via the AXS Portal.

Learn more

Blog post

Understanding Compliance with PIC 4020: Meeting the Character Criteria for Australian Visas

Senior Associate Pamela Taukuro explains the requirements and steps necessary to meet the character criteria for obtaining Australian visas under PIC 4020.

Learn more

Video

France Digital Nomad Visa: Visitor Visa | How To Apply

Immigration Consultant Azela Hadia discusses France’s Visitor Visa – a key option for digital nomads looking to work remotely from one of the world’s most iconic destinations.

Learn more

Blog post

France’s Visitor Visa: A Faster Option for Family Members of Local Hire (Salarié) Employees

Immigration Consultant Laura Varon Osorio discusses France's visitor visa as a faster option for family members of local hire (Salarié) employees.

Learn more

Media mentions

Deutsche-Startups: Workation – How Startups Overcome The Legal Hurdles

Senior Manager Katharina Vorländer outlines the legal and compliance challenges startups must navigate to offer workations while minimising risk.

Learn more

Media mentions

Times of India: Australia: Reduction in Net Migration to Continue; Minimum Salary to Rise for Skilled Visa and International Students May See Visa Fee Hike

Australia and New Zealand Managing Partner Teresa Liu highlights upcoming changes in Australia’s immigration policy under the re-elected Labour party.

Learn more

Video

Passports & Pitch Side: Footballers on the Move ⚽🌍 | #FragomenFC - Ep. 7 (Part 1)

#FragomenFC co-hosts are joined by Senior Associate Tuğba Özyakup and her cousin, Oğuzhan ("Ozzy") Özyakup, a professional footballer who has competed at the highest levels of the sport.

Learn more

Blog post

Understanding the GCC Pension Framework: A Guide to Monthly Contributions, Employer Responsibilities and Compliance

Social Security Manager Gufran Al Bash provides a comprehensive guide to the GCC pension framework, detailing monthly contributions, employer responsibilities and compliance requirements.

Learn more

Media mentions

Business Standard: Liberals' Return in Canada a Win-Lose for Indian Workers, Students: Decoded

Partner David Crawford discusses how Canada’s new Liberal government could bring more predictable immigration policies focused on labour needs.

Learn more

Awards

Fragomen and Partner Rahul Soni Honored at Invest In the USA (IIUSA) I-829 & I-526 Awards Ceremony

Fragomen and Partner Rahul Soni were honored at the Invest In the USA (IIUSA) I-829 & I-526 Awards Ceremony in Houston, Texas, during the 2025 IIUSA EB-5 Industry Forum held from April 28-30, 2025.

Learn more

Blog post

Navigating Tariffs, Talent and Trade: The Automotive Industry Faces a Defining Moment

Partner Christian Dallman discusses how the automotive industry is navigating significant challenges related to tariffs, talent shortages and trade dynamics, marking a critical moment for its future.

Learn more

Awards

Partner Cosmina Morariu Receives Ecosystem Builder Award at Semiconductor Achievement Awards

Partner Cosmina Morariu of Fragomen in Canada received the Ecosystem Builder Award as part of the inaugural Semiconductor Achievement Awards, hosted by Canada’s Semiconductor Council.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.