Important Updates
Important Updates
January 15, 2026 | MalaysiaMalaysia: Minimum Salary Requirements for Employment Pass To Be Increased
January 16, 2026 | Republic of Korea (South Korea)South Korea: Longer Processing Times and Increased Security of D-8 and D-9 Visa Applications
January 16, 2026 | United KingdomUnited Kingdom: Hong Kong SAR Chinese and Taiwan Youth Mobility Scheme Ballot to Open February 10, 2026
January 15, 2026 | GuyanaGuyana: Approval Validity Reduced, Work Authorization Timelines Tightened
January 15, 2026 | KuwaitKuwait: New Immigration Rules Increase Residency and Visa Stay Periods, Clarify Visit Visa Conversion, Relax Passport Requirements, Increase Fees
January 15, 2026 | MalaysiaMalaysia: Minimum Salary Requirements for Employment Pass To Be Increased
January 16, 2026 | Republic of Korea (South Korea)South Korea: Longer Processing Times and Increased Security of D-8 and D-9 Visa Applications
January 16, 2026 | United KingdomUnited Kingdom: Hong Kong SAR Chinese and Taiwan Youth Mobility Scheme Ballot to Open February 10, 2026
January 15, 2026 | GuyanaGuyana: Approval Validity Reduced, Work Authorization Timelines Tightened
January 15, 2026 | KuwaitKuwait: New Immigration Rules Increase Residency and Visa Stay Periods, Clarify Visit Visa Conversion, Relax Passport Requirements, Increase Fees
January 15, 2026 | MalaysiaMalaysia: Minimum Salary Requirements for Employment Pass To Be Increased
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

DHS Proposes Stricter Test of “Public Charge” for Applicants for Permanent Residence, Visas or Changes/Extensions of Status

September 25, 2018

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

  • If the proposal is implemented, immigration officials could deny an application for a visa, permanent residence or a change or extension of status if the foreign applicant has accepted certain public benefits or is determined to be likely to need such benefits in the future.
  • The rule is a proposal only and will soon be published for public feedback.  It will not take effect until approved in final form, a process that typically takes several months or more.

The situation

The Department of Homeland Security (DHS) has released a proposed regulation that would impose stricter standards for determining whether an applicant for a visa or permanent residence is likely to become a “public charge” – i.e., dependent on the government to meet their needs. The intent of the rule, as stated by DHS, is to ensure that applicants for admission to the United States are “self-sufficient.”

U.S. immigration law has long permitted the government to find a foreign national inadmissible and deny immigration benefits if it determines the foreign national is likely to become a public charge at any time in the future.  In making that determination under current law, the government only considers whether a foreign national is or is likely to become primarily dependent on government support by receipt of cash public benefits or long-term institutionalized care.  Because most foreign nationals are restricted from receiving such benefits and must have a job offer or financial sponsor to pursue permanent residence, public charge denials have been rare, particularly for employer-sponsored foreign nationals.

How the proposed rule would affect foreign nationals

The proposed regulation would create a broad new definition of public charge that could subject most applicants for a visa, permanent residence or a change or extension of nonimmigrant status to inadmissibility on public charge grounds if they have received any of a wide range of cash or non-cash public benefits or subsidies.  However, only public benefits received after the rule takes effect would be counted.  Benefits received by a spouse or child would not be counted against the applicant.

Public benefits designated as relevant for a public charge determination under the proposal would include cash and non-cash benefits, including cash assistance for income maintenance, Medicaid (with limited exceptions for “emergency medical conditions” and some disability services related to education and benefits received by certain foreign-born children), Medicare Part D Low Income Subsidy, the Supplemental Nutrition Assistance Program (SNAP, or food stamps), and certain housing benefits.  An early draft of the proposal would have included health care insurance subsidies under the Affordable Care Act, but that provision has been omitted.  DHS is seeking comments on whether to include the Children’s Health Insurance Program on the list of relevant benefits.

Even if an applicant has not used public benefits, an immigration officer would have wide discretion to deny an application on public charge grounds if the officer believes that the applicant is likely to need government benefits at any time in the future.  In making this determination, adjudicators would apply a complex test that considers an applicant’s age, health, family size, education level, skills and financial circumstances, including their income, personal assets, and credit history.

Applicants found to be a potential public charge would need to post a bond of $10,000 or more in order to have their application approved.

In general, most lawful permanent residents (green card holders) are not subject to the public charge ground of inadmissibility, including permanent residents who apply for naturalization to U.S. citizenship.

What’s next for the proposal

The public charge rule has not yet begun the formal regulatory process and will not take effect until  that process is completed, which typically takes several months or more.  The proposed rule is expected to be published in the Federal Register in the coming weeks.  Once it is published, DHS will accept feedback from the public for 60 days.  The proposal is expected to receive a very large number of comments.  After the comment period closes, DHS will review the feedback and prepare a final version of the regulation, which must undergo further review before it is published and implemented.

If implemented as proposed, the regulation would require most applicants for a green card, visa or change or extension of nonimmigrant status to complete additional forms and submit evidence concerning their financial circumstances, and would subject applications to a lengthier government review.

Fragomen is closely following the proposal and will provide updates 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

Westlaw Today: US Green Card by Investment: EB-5 and Gold Card Options for Middle Eastern Investors

Partners Isha Atassi and Rahul Soni discuss US investment-based immigration options for Middle Eastern investors.

Learn more

Blog post

Why Degree Equivalency Matters in the UAE 

Partner Ali Haider, Director Shoaib Khaleeli, Manager Ruaida Hussein and Senior Immigration Consultant Katerina Hornickova examine why degree equivalency has become mandatory in the United Arab Emirates and how the process affects employment, professional licensing and visa eligibility.

Learn more

Video

Applying for German Citizenship: A Guide to Naturalization

Senior Associate Isabel Schnitzler explains key eligibility requirements for naturalization in Germany, including residence, language proficiency and financial self-sufficiency, as well as family eligibility considerations.

Learn more

Media mentions

Global Mobility Lawyer: Wage-Weighted H-1Bs Will End “Level Playing Field”

Partner Bo Cooper explains the impact of wage‑weighted selection on H‑1B registration and compliance.

Learn more

Media mentions

The PIE: What Maduro’s Seizure Means for Venezuelan Students Abroad

Partner Aaron Blumberg explains how heightened government scrutiny affecting students from countries such as Venezuela is shaping travel guidance for those studying in the US.

Learn more

Media mentions

Lexology Pro: H-1B Programme Braces for New Rules and Uncertainty in 2026

Partner K. Edward Raleigh highlights how recent H-1B changes are shaping employer compliance strategies.

Learn more

Media mentions

The Irish Times: Number of Work Permits Issued Last Year Drops by Almost a Quarter

Practice Leader Colm Collins explains that processing delays, shifting demand in information and communication technology (ICT) and renewal cycles contributed to last year’s drop in work permit approvals.

Learn more

Media mentions

Canadian Lawyer Magazine: Canada's Immigration System Is Reaching a Breaking Point: Canadian Immigration Lawyers Association

Partner Rick Lamanna examines current pressures on Canada’s immigration system, including processing delays, reduced admissions and policy uncertainty and the implications for applicants and employers.

Learn more

Blog post

Employer of Record and Body Leasing in Switzerland: Compliance Risks and Key Updates

Manager Mihaela Dumitru outlines how Swiss authorities assess Employer of Record and body-leasing models, highlighting key compliance risks, licensing requirements and a regulatory update affecting EU and EFTA nationals effective 1 January 2026.

Learn more
Generic Insights

Media mentions

Gazeta Prawna: Cudzoziemców też chroni konstytucja

Partner Karolina Schiffter discusses how courts in Poland are reinforcing timely processing and constitutional protections for foreigners.

Learn more

Fragomen news

2025年12月 アメリカ移民法ダイジェストLearn more

Fragomen news

Cosmina Morariu Named Managing Partner of Fragomen’s Canadian PracticeLearn more

Media mentions

Westlaw Today: US Green Card by Investment: EB-5 and Gold Card Options for Middle Eastern Investors

Partners Isha Atassi and Rahul Soni discuss US investment-based immigration options for Middle Eastern investors.

Learn more

Blog post

Why Degree Equivalency Matters in the UAE 

Partner Ali Haider, Director Shoaib Khaleeli, Manager Ruaida Hussein and Senior Immigration Consultant Katerina Hornickova examine why degree equivalency has become mandatory in the United Arab Emirates and how the process affects employment, professional licensing and visa eligibility.

Learn more

Video

Applying for German Citizenship: A Guide to Naturalization

Senior Associate Isabel Schnitzler explains key eligibility requirements for naturalization in Germany, including residence, language proficiency and financial self-sufficiency, as well as family eligibility considerations.

Learn more

Media mentions

Global Mobility Lawyer: Wage-Weighted H-1Bs Will End “Level Playing Field”

Partner Bo Cooper explains the impact of wage‑weighted selection on H‑1B registration and compliance.

Learn more

Media mentions

The PIE: What Maduro’s Seizure Means for Venezuelan Students Abroad

Partner Aaron Blumberg explains how heightened government scrutiny affecting students from countries such as Venezuela is shaping travel guidance for those studying in the US.

Learn more

Media mentions

Lexology Pro: H-1B Programme Braces for New Rules and Uncertainty in 2026

Partner K. Edward Raleigh highlights how recent H-1B changes are shaping employer compliance strategies.

Learn more

Media mentions

The Irish Times: Number of Work Permits Issued Last Year Drops by Almost a Quarter

Practice Leader Colm Collins explains that processing delays, shifting demand in information and communication technology (ICT) and renewal cycles contributed to last year’s drop in work permit approvals.

Learn more

Media mentions

Canadian Lawyer Magazine: Canada's Immigration System Is Reaching a Breaking Point: Canadian Immigration Lawyers Association

Partner Rick Lamanna examines current pressures on Canada’s immigration system, including processing delays, reduced admissions and policy uncertainty and the implications for applicants and employers.

Learn more

Blog post

Employer of Record and Body Leasing in Switzerland: Compliance Risks and Key Updates

Manager Mihaela Dumitru outlines how Swiss authorities assess Employer of Record and body-leasing models, highlighting key compliance risks, licensing requirements and a regulatory update affecting EU and EFTA nationals effective 1 January 2026.

Learn more
Generic Insights

Media mentions

Gazeta Prawna: Cudzoziemców też chroni konstytucja

Partner Karolina Schiffter discusses how courts in Poland are reinforcing timely processing and constitutional protections for foreigners.

Learn more

Fragomen news

2025年12月 アメリカ移民法ダイジェストLearn more

Fragomen news

Cosmina Morariu Named Managing Partner of Fragomen’s Canadian PracticeLearn 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

© 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.