• Insights

USCIS Resumes Nationwide Application of Public Charge Regulation

September 22, 2020

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

  • U.S. Citizenship and Immigration Services (USCIS) will again apply its public charge rule nationwide.
  • Any adjustment of status application filed on or after February 24, 2020 and received by USCIS before October 13, 2020 may receive a request for evidence (RFE) for Form I-944 and accompanying public charge documentation.
  • Starting October 13, 2020, USCIS will reject any adjustment of status application filed without Form I-944 and related documentation.
  • Nonimmigrant extensions of stay and changes of status filed on Forms I-129 and I-539/A do not appear to be explicitly granted a grace period by USCIS. Foreign nationals should answer public benefits condition questions out of an abundance of caution on these forms.

The issue

In the wake of the Second Circuit's September 11, 2020 decision to stay a limited injunction against the Department of Homeland Security public charge rule, U.S. Citizenship and Immigration Services (USCIS) today announced it will resume applying the regulation to affected adjustment of status applications and nonimmigrant extensions of stay and changes of status.

USCIS’s announcement follows a string of judicial rulings concerning enforcement of the public charge regulation. The rule is being challenged in several ongoing federal lawsuits. Separately, the State Department remains barred from enforcing its public charge regulation, which is applicable to foreign nationals applying for visas from outside of the United States.

Impact on adjustment applications

USCIS will once again require applicants for adjustment of status to submit Form I-944, the declaration of self-sufficiency, and related documentation, with a brief grace period through October 12, as follows:

  • Adjustment filings received at USCIS before October 13: Adjustment applicants may continue to file Form I-485 without a Form I-944, Declaration of Self-Sufficiency, provided the case is received at USCIS before October 13, 2020. USCIS should not reject these cases, but will issue a Request for Evidence (RFE) for the Form I-944 and related documents. USCIS is also expected to issue public charge RFEs for adjustment cases that were filed between July 29 and September 22, 2020 and remain pending.
  • Adjustments received at USCIS on October 13 or later: These filings will be rejected unless they include Form I-944 and related documentation or are exempt from the public charge regulation.
  • Adjustments and nonimmigrant COS/EOS filings decided between July 29 and September 22, 2020: USCIS says it will not re-adjudicate applications or petitions that were approved between the July 29 district court injunction and today's notice.


As previously reported, USCIS fee increases and filing requirement changes are set to take effect on October 2nd. These changes affect adjustment of status applications and nonimmigrant extensions and changes of status. The agency has not yet released the new forms that accompany these changes, so there may be little to no lead time in order to prepare cases using the new forms and fees.

Impact on applications to change or extend nonimmigrant status

USCIS has not provided an explicit grace period for answers to public charge questions on extensions and changes of nonimmigrant status filed on Forms I-129, I-539 and I-539A. Petitioners and applicants seeking a nonimmigrant extension or change of status should respond to the public charge questions on the applicable forms beginning today. USCIS is expected to issue RFEs for public charge information in extension and status change cases filed between July 29 and September 22, 2020.

Fragomen is closely monitoring the status of the DHS public charge rule and will issue further client alerts as developments occur.

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

Generic Insights

Blog post

Vous envisagez les États-Unis pour la rentrée prochaine ? C'est le moment de préparer votre visa E-2!

Entrepreneurs français : anticipez votre projet d’installation aux États-Unis avec un visa E-2. Découvrez les étapes clés pour préparer votre investissement, votre demande de visa et le déménagement familial avant la prochaine rentrée scolaire.

Learn more

Media mentions

Biometric Update: Fragomen-SICPA JV Adds IDEMIA Biometrics to Assemble End-to-End Identity Platform

Fragomen and SICPA expand their digital identity platform through a strategic collaboration with IDEMIA Public Security.

Learn more
Generic Insights

Blog post

Document Legalization Is Becoming a Global Mobility Compliance Issue: Five Trends Employers Should Watch

In this blog, UAE Consular and Document Services Manager Minu Joseph examines five global legalization trends through a Middle East lens—and outlines how employers can prepare earlier to keep assignments on track.

Learn more
Generic Insights

Blog post

Doing Business in Qatar: Growth and Workforce Mobility

In this blog, Corporate Services Manager Julia Ignatenko explores why businesses should coordinate company formation, regulatory compliance, leadership presence and workforce mobility from the outset.

Learn more

Awards

Fragomen Wins Immigration Provider of the Year: 2026 FEM APAC EMMAs

Fragomen won Immigration Provider of the Year at the 2026 FEM APAC EMMAs, and our Worldwide Immigration Trends Report 2026 received a Highly Commended recognition in the Thought Leadership category.

Learn more

Media mentions

Forbes: DHS Adds Immigration Rule Stopping H-1B Spouses From Working To Agenda

Partner Kevin Miner discusses DHS’ proposed rule to end employment authorization for certain H-4 spouses of H-1B professionals.

Learn more

Media mentions

Newsweek: Green Card Update: Major Change Announced for Sponsors

Counsel Brian Hunt discussed USCIS’ new ability to obtain credit information from green card sponsors and the potential implications for future regulatory actions.

Learn more

Awards

Partner Julie Lessard and Counsel Elsa Agostinho Recognized in the 2027 Edition of The Best Lawyers in Canada™

Partner Julie Lessard and Counsel Elsa Agostinho are recognized in the 2027 edition of The Best Lawyers in Canada™ for Immigration Law.

Learn more

Media mentions

Dubai Eye 103.8: Partner Ali Haider Joins The Agenda to Discuss Immigration Trends

Partner Ali Haider discusses immigration trends, visa appointments and the UAE’s continued efforts to attract global talent and investment.

Learn more

Blog post

Expanded Right-To-Work Scheme 2026: What UK Airlines and Aviation Contractors Need to Know

In their latest blog, Manager Adam Hickling and Immigration Consultant Daisy Dale examine the proposed changes, airline-specific risk scenarios and the practical steps organisations should consider before October.

Learn more

Fragomen news

Fragomen and SICPA’s Digital Identity Joint Venture Expands Ecosystem Through Strategic Collaboration with IDEMIA Public Security

Fragomen and SICPA’s digital identity joint venture expands its capabilities through a strategic collaboration with IDEMIA Public Security.

Learn more

Fragomen news

2026 年8月米国移民法ダイジェスト Learn more
Generic Insights

Blog post

Vous envisagez les États-Unis pour la rentrée prochaine ? C'est le moment de préparer votre visa E-2!

Entrepreneurs français : anticipez votre projet d’installation aux États-Unis avec un visa E-2. Découvrez les étapes clés pour préparer votre investissement, votre demande de visa et le déménagement familial avant la prochaine rentrée scolaire.

Learn more

Media mentions

Biometric Update: Fragomen-SICPA JV Adds IDEMIA Biometrics to Assemble End-to-End Identity Platform

Fragomen and SICPA expand their digital identity platform through a strategic collaboration with IDEMIA Public Security.

Learn more
Generic Insights

Blog post

Document Legalization Is Becoming a Global Mobility Compliance Issue: Five Trends Employers Should Watch

In this blog, UAE Consular and Document Services Manager Minu Joseph examines five global legalization trends through a Middle East lens—and outlines how employers can prepare earlier to keep assignments on track.

Learn more
Generic Insights

Blog post

Doing Business in Qatar: Growth and Workforce Mobility

In this blog, Corporate Services Manager Julia Ignatenko explores why businesses should coordinate company formation, regulatory compliance, leadership presence and workforce mobility from the outset.

Learn more

Awards

Fragomen Wins Immigration Provider of the Year: 2026 FEM APAC EMMAs

Fragomen won Immigration Provider of the Year at the 2026 FEM APAC EMMAs, and our Worldwide Immigration Trends Report 2026 received a Highly Commended recognition in the Thought Leadership category.

Learn more

Media mentions

Forbes: DHS Adds Immigration Rule Stopping H-1B Spouses From Working To Agenda

Partner Kevin Miner discusses DHS’ proposed rule to end employment authorization for certain H-4 spouses of H-1B professionals.

Learn more

Media mentions

Newsweek: Green Card Update: Major Change Announced for Sponsors

Counsel Brian Hunt discussed USCIS’ new ability to obtain credit information from green card sponsors and the potential implications for future regulatory actions.

Learn more

Awards

Partner Julie Lessard and Counsel Elsa Agostinho Recognized in the 2027 Edition of The Best Lawyers in Canada™

Partner Julie Lessard and Counsel Elsa Agostinho are recognized in the 2027 edition of The Best Lawyers in Canada™ for Immigration Law.

Learn more

Media mentions

Dubai Eye 103.8: Partner Ali Haider Joins The Agenda to Discuss Immigration Trends

Partner Ali Haider discusses immigration trends, visa appointments and the UAE’s continued efforts to attract global talent and investment.

Learn more

Blog post

Expanded Right-To-Work Scheme 2026: What UK Airlines and Aviation Contractors Need to Know

In their latest blog, Manager Adam Hickling and Immigration Consultant Daisy Dale examine the proposed changes, airline-specific risk scenarios and the practical steps organisations should consider before October.

Learn more

Fragomen news

Fragomen and SICPA’s Digital Identity Joint Venture Expands Ecosystem Through Strategic Collaboration with IDEMIA Public Security

Fragomen and SICPA’s digital identity joint venture expands its capabilities through a strategic collaboration with IDEMIA Public Security.

Learn more

Fragomen news

2026 年8月米国移民法ダイジェスト Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView More
  • 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
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • View More

About Us

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

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
September 4, 2026 | United StatesUnited States: August 2026 DOL PERM and PWD Processing Times
September 4, 2026 | 🌐Biometric Update: Fragomen-SICPA JV Adds IDEMIA Biometrics to Assemble End-to-End Identity Platform
September 4, 2026 | DenmarkDenmark: New Immigration Pathway for Certified Employers Hiring Foreign Nationals from Select Countries
September 4, 2026 | 🌐Fragomen Wins Immigration Provider of the Year: 2026 FEM APAC EMMAs
September 4, 2026 | 🌐Minimum Salary Changes Announced
September 4, 2026 | United StatesUnited States: August 2026 DOL PERM and PWD Processing Times
September 4, 2026 | 🌐Biometric Update: Fragomen-SICPA JV Adds IDEMIA Biometrics to Assemble End-to-End Identity Platform
September 4, 2026 | DenmarkDenmark: New Immigration Pathway for Certified Employers Hiring Foreign Nationals from Select Countries
September 4, 2026 | 🌐Fragomen Wins Immigration Provider of the Year: 2026 FEM APAC EMMAs
September 4, 2026 | 🌐Minimum Salary Changes Announced
September 4, 2026 | United StatesUnited States: August 2026 DOL PERM and PWD Processing Times
Subscribe

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
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

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

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

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

© 2026 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.