Important Updates
Important Updates
December 23, 2025 | ZimbabweZimbabwe: New Indigenization Regulations in Effect
December 23, 2025 | United StatesFranceinfo: États-Unis : bientôt une inspection au peigne fin des réseaux sociaux avant d'entrer sur le territoire
December 23, 2025 | CanadaToronto Star: Canada Wants to Bring in 1,000 Researchers and Skilled Workers. Here’s What It Will Take
December 23, 2025 | United StatesUnited States: DHS Issues Final Rule to Replace Random H-1B Cap Lottery with Wage-Level-Based Weighted System for H-1B Cap Allocation in Time for Implementation in Early 2026
December 23, 2025 | United StatesUnited States: USCIS Suspends Approvals of Pending Diversity Visa Adjustment Applications While Security Reviews Are Conducted
December 23, 2025 | ZimbabweZimbabwe: New Indigenization Regulations in Effect
December 23, 2025 | United StatesFranceinfo: États-Unis : bientôt une inspection au peigne fin des réseaux sociaux avant d'entrer sur le territoire
December 23, 2025 | CanadaToronto Star: Canada Wants to Bring in 1,000 Researchers and Skilled Workers. Here’s What It Will Take
December 23, 2025 | United StatesUnited States: DHS Issues Final Rule to Replace Random H-1B Cap Lottery with Wage-Level-Based Weighted System for H-1B Cap Allocation in Time for Implementation in Early 2026
December 23, 2025 | United StatesUnited States: USCIS Suspends Approvals of Pending Diversity Visa Adjustment Applications While Security Reviews Are Conducted
December 23, 2025 | ZimbabweZimbabwe: New Indigenization Regulations in Effect
Subscribe
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
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView 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

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • 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
  • 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

Media mentions

Franceinfo: États-Unis : bientôt une inspection au peigne fin des réseaux sociaux avant d'entrer sur le territoire

Partner K. Edward Raleigh commented on proposed changes to US entry requirements.

Learn more

Video

The Schengen C Visa: What Non-EU Nationals Need to Know About 90/180-Day Travel

Business Immigration Consultant Marisa Gizzi from Fragomen explains everything about the Schengen C Visa: who needs it, how to apply and key travel tips to stay compliant in the Schengen Area. 

Learn more

Media mentions

Toronto Star: Canada Wants to Bring in 1,000 Researchers and Skilled Workers. Here’s What It Will Take

Partner Rick Lamanna discussed Canada’s $1B plan to attract global researchers.

Learn more

Blog post

Tier 1 Investor Visa Extension Deadline | February 2026 UK Update

Manager Alex Hood and Senior Associate Kimberley Ong explain the final extension and settlement deadlines for UK Tier 1 Investor visa holders and outline who can still qualify and why early action is essential.

Learn more

Media mentions

Business Insider: New H-1B Visa Rules Upgrade Some Lottery Applicants — and Squeeze Out Others

Partner K. Edward Raleigh on how the $100K H‑1B fee factors into hiring international talent.

Learn more

Media mentions

China Daily: HK Softens Imbalance in Wealth Migration

Managing Director Magdalene Tennant and Director Kitty Lo highlight Hong Kong as an attractive destination for global investors.

Learn more

Blog post

Countdown to the Italy Winter Games 2026: What You Need to Know Before Travelling

IPM Business Process Manager Hazel Yaman outlines key visa, work authorisation and border considerations for athletes, media, event staff and spectators travelling to Italy for the Milan–Cortina 2026 Olympic and Paralympic Winter Games, including the impact of the EU’s new Entry/Exit System.

Learn more

Media mentions

Gulf News: Moving to the UAE from the UK? Here’s Your Visa Guide for Jobs, Business and Golden Visas

Corporate Services Director Elena Caron highlights key considerations for UK nationals moving to the UAE.

Learn more

Media mentions

People Management: The UK’s Earned Settlement Proposal: What HR Leaders Need to Know

Associates Charlotte Roberts and Karina Casey highlight how the UK’s earned settlement proposal may influence global talent and HR planning.

Learn more

Media mentions

Konfederacja Lewiatan: Procedura legalizacji zatrudnienia cudzoziemców w Polsce po zmianach w 2025 r.

Poland Immigration Strategy Director Tomasz Rogala contributes to Konfederacja Lewiatan’s analysis on 2025 changes to work permits and foreign employment in Poland.

Learn more

Blog post

F and J Visa Updates: Social Media Checks Begin as DHS Proposes New Limits

Associate Alejandro Hernandez analyses new F and J visa screening practices, including social media vetting by US consulates and proposed DHS changes that could significantly alter admission periods for students and exchange visitors.

Learn more

Awards

Fragomen Ireland Awarded the KeepWell Mark by IBEC

Fragomen Ireland is accredited with IBEC’s KeepWell Mark™, recognizing the practice’s commitment to wellbeing, inclusion and responsible business.

Learn more

Media mentions

Franceinfo: États-Unis : bientôt une inspection au peigne fin des réseaux sociaux avant d'entrer sur le territoire

Partner K. Edward Raleigh commented on proposed changes to US entry requirements.

Learn more

Video

The Schengen C Visa: What Non-EU Nationals Need to Know About 90/180-Day Travel

Business Immigration Consultant Marisa Gizzi from Fragomen explains everything about the Schengen C Visa: who needs it, how to apply and key travel tips to stay compliant in the Schengen Area. 

Learn more

Media mentions

Toronto Star: Canada Wants to Bring in 1,000 Researchers and Skilled Workers. Here’s What It Will Take

Partner Rick Lamanna discussed Canada’s $1B plan to attract global researchers.

Learn more

Blog post

Tier 1 Investor Visa Extension Deadline | February 2026 UK Update

Manager Alex Hood and Senior Associate Kimberley Ong explain the final extension and settlement deadlines for UK Tier 1 Investor visa holders and outline who can still qualify and why early action is essential.

Learn more

Media mentions

Business Insider: New H-1B Visa Rules Upgrade Some Lottery Applicants — and Squeeze Out Others

Partner K. Edward Raleigh on how the $100K H‑1B fee factors into hiring international talent.

Learn more

Media mentions

China Daily: HK Softens Imbalance in Wealth Migration

Managing Director Magdalene Tennant and Director Kitty Lo highlight Hong Kong as an attractive destination for global investors.

Learn more

Blog post

Countdown to the Italy Winter Games 2026: What You Need to Know Before Travelling

IPM Business Process Manager Hazel Yaman outlines key visa, work authorisation and border considerations for athletes, media, event staff and spectators travelling to Italy for the Milan–Cortina 2026 Olympic and Paralympic Winter Games, including the impact of the EU’s new Entry/Exit System.

Learn more

Media mentions

Gulf News: Moving to the UAE from the UK? Here’s Your Visa Guide for Jobs, Business and Golden Visas

Corporate Services Director Elena Caron highlights key considerations for UK nationals moving to the UAE.

Learn more

Media mentions

People Management: The UK’s Earned Settlement Proposal: What HR Leaders Need to Know

Associates Charlotte Roberts and Karina Casey highlight how the UK’s earned settlement proposal may influence global talent and HR planning.

Learn more

Media mentions

Konfederacja Lewiatan: Procedura legalizacji zatrudnienia cudzoziemców w Polsce po zmianach w 2025 r.

Poland Immigration Strategy Director Tomasz Rogala contributes to Konfederacja Lewiatan’s analysis on 2025 changes to work permits and foreign employment in Poland.

Learn more

Blog post

F and J Visa Updates: Social Media Checks Begin as DHS Proposes New Limits

Associate Alejandro Hernandez analyses new F and J visa screening practices, including social media vetting by US consulates and proposed DHS changes that could significantly alter admission periods for students and exchange visitors.

Learn more

Awards

Fragomen Ireland Awarded the KeepWell Mark by IBEC

Fragomen Ireland is accredited with IBEC’s KeepWell Mark™, recognizing the practice’s commitment to wellbeing, inclusion and responsible business.

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.