Important Updates
Important Updates
May 29, 2025 | KenyaKenya: Digital Nomad Visa Introduced, Further Details Forthcoming
May 29, 2025 | United StatesBloomberg: Harvard Dragged Deeper Into Trump's 'America First' Visa Fight
May 29, 2025 | CanadaCanada: Ontario Unveils Proposed Immigration and Worker Reforms
May 29, 2025Eid Al Adha Government Office Closures
May 29, 2025 | EstoniaEstonia: New Rules Forthcoming for Businesses Seeking to Hire Foreign Workers
May 29, 2025 | KenyaKenya: Digital Nomad Visa Introduced, Further Details Forthcoming
May 29, 2025 | United StatesBloomberg: Harvard Dragged Deeper Into Trump's 'America First' Visa Fight
May 29, 2025 | CanadaCanada: Ontario Unveils Proposed Immigration and Worker Reforms
May 29, 2025Eid Al Adha Government Office Closures
May 29, 2025 | EstoniaEstonia: New Rules Forthcoming for Businesses Seeking to Hire Foreign Workers
May 29, 2025 | KenyaKenya: Digital Nomad Visa Introduced, Further Details Forthcoming
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
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
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
  • Insights

DHS Publishes Proposed Rule Creating Stricter Test of Public Charge

October 10, 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

  • As anticipated, the Department of Homeland Security published a proposed rule permitting wider latitude in denying immigration benefits based on the likelihood of becoming a “public charge.”
  • The public has been given 60 days, until December 10, 2018, to provide feedback to DHS on the proposed rule.
  • If finalized in its current form, the rule would require foreign nationals submitting an application for adjustment of status, a visa or a change or extension of nonimmigrant status to establish that they are financially self-sufficient.

The situation

Today, the Department of Homeland Security (DHS) published in the Federal Register its proposed regulation concerning the “public charge” ground of inadmissibility. The agency had released an advance copy of the draft rule to the public on September 22.  By publishing today, the agency has formally initiated the rulemaking process, starting a notice and comment period during which the public can submit feedback. The agency will accept public comments until December 10, 2018.

The proposed regulation 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.” DHS is also proposing to apply the public charge analysis to most nonimmigrant extension of stay and change of status requests filed with the agency.

In making a public charge determination under current guidance, 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 at the government’s expense. The new rule would create a broader definition of “public charge” by subjecting applicants to inadmissibility if they received or are deemed likely to receive cash or non-cash public benefits or subsidies, in addition to the existing benefits that might qualify someone a public charge. In making a public charge determination, adjudicators would apply a complex test that considers the totality of a foreign national’s circumstances, including age, health, family size, education level, skills and financial circumstances, including their income, personal assets, and credit history.

Next steps

The public may provide feedback on the proposed rule until December 10, 2018.  If your organization wishes to comment, please contact your designated Fragomen team or the firm’s Government Strategies and Compliance Group.

After the public comment period closes, DHS will review the feedback and prepare to issue a final rule in the Federal Register. Some aspects of the rule could be revised based on public feedback. There is no set timeframe for publication of a final rule, though the process typically takes several months at least. 

What the proposal means for employment-based immigrant and nonimmigrant applicants

The published regulation is a proposal only and does not have immediate impact. As noted above, it is expected to be several months until the regulation is finalized and implemented. Because most employment-based foreign nationals must have a job offer to pursue their immigration status in the United States, it is expected that they would be able to satisfy a new public charge standard on the basis of their employment, should the rule be implemented. However, all foreign nationals will want to be vigilant about the new proposed rule and any potential impact of their individual circumstances.

If finalized in its current form, the regulation would require all adjustment of status applicants and some extension of stay/change of status applicants to submit additional evidence to establish that they will not become a public charge. According to DHS, extension and change of status applicants should only initially need to submit an attestation of self-sufficiency with the possibility of a request for further evidence at the government’s discretion. If the proposal is implemented, the Department of State would revise its guidance to conform to the new regulations and would apply the broader definition of public charge at the visa application stage.

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

Bloomberg: Harvard Dragged Deeper Into Trump's 'America First' Visa Fight

Partner Daniel Pierce highlighted the challenges US universities face under new visa restrictions.

Learn more

Blog post

A1 Certificate Fraud: Key Takeaways from the 2025 ECJ Decision

Director Wim Cocquyt and Senior Immigration Consultant Marina Ocariz discuss key takeaways from the 2025 ECJ decision on A1 certificate fraud.

Learn more

Media mentions

Dubai Eye: Managing Partner, Middle East and Africa Murtaza Ali Khan discusses the UAE’s AI Workforce and Talent Mobility

Managing Partner for the Middle East and Africa Murtaza Ali Khan discusses the UAE’s AI talent shortage and how immigration policies are helping attract talent to the region.

Learn more

Blog post

La Naturalisation française par Décret : Des règles strictes et une exigence accrue de conformité

Senior Immigration Manager Géraldine Renaudière discusses France's tightening of the naturalization-by-decree process by enforcing stricter language, legal and financial requirements.

Learn more

Media mentions

The Irish Times: ‘Without People to Build Homes, It Won’t Happen’: Construction Workers Decry Shortage of Tradespeople

Partner Ángel Bello Cortés highlights Ireland’s respected work permit system and suggests a sector-specific permit to attract more non-EEA construction workers.

Learn more

Media mentions

Yorkshire Post: Yorkshire Businesses Should Prepare for Sweeping Immigration Rule Changes

Practice Leader Kathleen O’Donnell highlights how proposed UK immigration reforms could impact businesses in Yorkshire.

Learn more

Media mentions

Business Insider: The Death of the Digital Nomad

Partner Charlotte Wills notes that while full-time, long-term remote work might become less common, many professionals continue to work from abroad through more structured, short-term arrangements.

Learn more

Video

How to Stay in France After Graduation: Immigration Options for International Students

In this video, Immigration Consultant Laura Varon Osorio walks you through everything you need to know about staying in France after graduation. Whether you’re looking to work, start a business or transition to a new immigration status, this guide covers key immigration pathways for international students.

Learn more

Media mentions

American Bar Association's How Things Work: The Legal Edition: F-1 Student Visa Revocations

Partners Michelle Jacobson and Sarah Peterson discuss recent SEVIS terminations and visa revocations and explore what these developments may mean for international students and universities.

Learn more

Media mentions

Classical Music: The Immigration Hurdles Facing UK Orchestras in Europe

Senior Immigration Programme Manager Louise Collins, Senior Manager Sean Rhodes and Manager Andreia Ghimis explore the touring challenges UK orchestras face in Europe and discuss ways to ease mobility barriers.

Learn more

Awards

Fragomen Recognized at FACC Midwest Chicago Business Awards

Fragomen was recognized at the FACC Midwest Chicago Business Awards for "Best Business Development: US Company Expanding in France."

Learn more

Media mentions

Northern Engineer: The UK Immigration White Paper – What it Means for the Engineering Sector in the North of England

Practice Leader Kathleen O'Donnell, Manager Kirsty Moore and Immigration Paralegal Sean Pearce outline how the latest UK immigration white paper could affect engineering recruitment for employers in the North of England.

Learn more

Media mentions

Bloomberg: Harvard Dragged Deeper Into Trump's 'America First' Visa Fight

Partner Daniel Pierce highlighted the challenges US universities face under new visa restrictions.

Learn more

Blog post

A1 Certificate Fraud: Key Takeaways from the 2025 ECJ Decision

Director Wim Cocquyt and Senior Immigration Consultant Marina Ocariz discuss key takeaways from the 2025 ECJ decision on A1 certificate fraud.

Learn more

Media mentions

Dubai Eye: Managing Partner, Middle East and Africa Murtaza Ali Khan discusses the UAE’s AI Workforce and Talent Mobility

Managing Partner for the Middle East and Africa Murtaza Ali Khan discusses the UAE’s AI talent shortage and how immigration policies are helping attract talent to the region.

Learn more

Blog post

La Naturalisation française par Décret : Des règles strictes et une exigence accrue de conformité

Senior Immigration Manager Géraldine Renaudière discusses France's tightening of the naturalization-by-decree process by enforcing stricter language, legal and financial requirements.

Learn more

Media mentions

The Irish Times: ‘Without People to Build Homes, It Won’t Happen’: Construction Workers Decry Shortage of Tradespeople

Partner Ángel Bello Cortés highlights Ireland’s respected work permit system and suggests a sector-specific permit to attract more non-EEA construction workers.

Learn more

Media mentions

Yorkshire Post: Yorkshire Businesses Should Prepare for Sweeping Immigration Rule Changes

Practice Leader Kathleen O’Donnell highlights how proposed UK immigration reforms could impact businesses in Yorkshire.

Learn more

Media mentions

Business Insider: The Death of the Digital Nomad

Partner Charlotte Wills notes that while full-time, long-term remote work might become less common, many professionals continue to work from abroad through more structured, short-term arrangements.

Learn more

Video

How to Stay in France After Graduation: Immigration Options for International Students

In this video, Immigration Consultant Laura Varon Osorio walks you through everything you need to know about staying in France after graduation. Whether you’re looking to work, start a business or transition to a new immigration status, this guide covers key immigration pathways for international students.

Learn more

Media mentions

American Bar Association's How Things Work: The Legal Edition: F-1 Student Visa Revocations

Partners Michelle Jacobson and Sarah Peterson discuss recent SEVIS terminations and visa revocations and explore what these developments may mean for international students and universities.

Learn more

Media mentions

Classical Music: The Immigration Hurdles Facing UK Orchestras in Europe

Senior Immigration Programme Manager Louise Collins, Senior Manager Sean Rhodes and Manager Andreia Ghimis explore the touring challenges UK orchestras face in Europe and discuss ways to ease mobility barriers.

Learn more

Awards

Fragomen Recognized at FACC Midwest Chicago Business Awards

Fragomen was recognized at the FACC Midwest Chicago Business Awards for "Best Business Development: US Company Expanding in France."

Learn more

Media mentions

Northern Engineer: The UK Immigration White Paper – What it Means for the Engineering Sector in the North of England

Practice Leader Kathleen O'Donnell, Manager Kirsty Moore and Immigration Paralegal Sean Pearce outline how the latest UK immigration white paper could affect engineering recruitment for employers in the North of England.

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.