Important Updates
Important Updates
January 6, 2026 | United StatesUnited States: Preparing for the FY 2027 H-1B Cap
January 6, 2026 | Japan, United States2025年12月 アメリカ移民法ダイジェスト
January 6, 2026 | BrazilBrazil: New Humanitarian Visa Framework Introduced, Replacing Country-Specific Programs
January 6, 2026 | CanadaCosmina Morariu Named Managing Partner of Fragomen’s Canadian Practice
January 6, 2026 | Republic of the PhilippinesPhilippines: Deadline Upcoming for Annual Report for Alien Certificate of Registration Identity Card Holders
January 6, 2026 | United StatesUnited States: Preparing for the FY 2027 H-1B Cap
January 6, 2026 | Japan, United States2025年12月 アメリカ移民法ダイジェスト
January 6, 2026 | BrazilBrazil: New Humanitarian Visa Framework Introduced, Replacing Country-Specific Programs
January 6, 2026 | CanadaCosmina Morariu Named Managing Partner of Fragomen’s Canadian Practice
January 6, 2026 | Republic of the PhilippinesPhilippines: Deadline Upcoming for Annual Report for Alien Certificate of Registration Identity Card Holders
January 6, 2026 | United StatesUnited States: Preparing for the FY 2027 H-1B Cap
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

Supreme Court Allows Public Charge Rule to Apply in Illinois, As State Department Readies Implementation of Similar Rule at U.S. Consulates

February 24, 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

  • Beginning today, the new public charge rule will be applied in all 50 states.
  • Late Friday, the Supreme Court granted the Trump Administration’s request to stay a federal court preliminary injunction that would have prohibited the public charge regulation from being applied in Illinois.
  • Applications for adjustment of status and nonimmigrant applications for nonimmigrant changes or extensions of stay postmarked today or later must comply with the new regulation and new USCIS form requirements.
  • The State Department is expected to soon implement its own public charge rules for visa applicants at U.S. consulates.

The issue

The U.S. Supreme Court ruled late Friday that the Trump Administration can enforce its new public charge regulation in Illinois, staying the last of several federal court injunctions that temporarily blocked the rule from taking effect. Though multiple lawsuits challenging the public charge rule are ongoing, the Court’s decision means that the rule can be implemented starting today in all 50 states.

What this means for employers and foreign nationals

Applicants for adjustment of status to permanent residence and nonimmigrant changes and extensions of status must comply with the new regulation if their filings are postmarked today or later.

Adjustment applicants submitting Form I-485 are required to complete a new Form I-944 Declaration of Self-Sufficiency and submit detailed documentation of their financial circumstances and other personal details.

Nonimmigrants seeking a change or extension of status on Form I-129 or Form I-539 — including H-1B cap changes of status — are required to disclose whether they have accepted or are certified to receive certain public benefits.

Adjustment applications postmarked before today are subject to the less stringent standards of USCIS’s prior public charge guidance. Nonimmigrant changes and extensions postmarked before today are not subject to public benefits disclosures.

Public charge rules for visa applicants at U.S. consulates

Though the DHS rule does not apply to visa applicants, the State Department may begin implementing its own new public charge standards at U.S. consulates as early as today, February 24.

Foreign nationals applying for immigrant visas, including diversity lottery visas, will be required to complete a new DS-5540 questionnaire, which collects information about an applicant’s income, financial assets and liabilities, health insurance coverage, and receipt of public benefits, among other questions. According to State Department policy guidance to consular officers, families applying together may submit only one DS-5540 per family unit, and supporting documentation will only be required at the discretion of the consular officer. Consular officers would have the discretion to require nonimmigrant visa applicants to complete the DS-5540 questionnaire.

Applicants who have not yet had their visa interviews could be asked to submit information or documentation pursuant to the new State Department public charge rule, including Form DS-5540. The State Department has advised consular officers that nonimmigrant visa applicants who will be in the United States for a relatively short duration are less likely to become public charges, particularly if admitted in a work-authorized status. This suggests that nonimmigrant visa applicants are less likely to be asked to disclose detailed financial information, unless there are factual circumstances that might lead a consular officer to exercise the discretion to require such information.

For detailed information about the new public charge requirements, please review Fragomen's FAQ. We are closely following implementation of the public charge rule 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

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

Blog post

Ireland Employment Permits Update: 2026 Salary Threshold Changes for Graduate Hiring

Immigration Manager Alice Heron examines Ireland’s updated employment permit salary thresholds taking effect in March 2026, including the reintroduction of graduate-specific Minimum Annual Remuneration bands and what these changes mean for employers planning graduate recruitment in 2026 and 2027.

Learn more

Fragomen news

Fragomen Announces 2026 Partner Class and Counsel ElevationsLearn more

Media mentions

Bloomberg Law: New H-1B Rule Pushes Employers to Rethink Workforce Options

Partner Jill Bloom explains how the new wage-based H-1B selection rule may influence hiring decisions and prompt employers to reassess workforce planning and explore alternative visa options.

Learn more

Media mentions

Business Insider: Immigration Lawyers Say the H-1B Chaos Is Forcing Tough Business Calls

Partner K. Edward Raleigh discusses how companies are rethinking their H-1B strategies amid evolving policies.

Learn more

Awards

Mitch Wexler Named 2025 Top 25 Immigration Attorney by EB5 Investors Magazine

Senior Counsel Mitch Wexler is recognized by EB5 Investors Magazine as a 2025 Top 25 award recipient, reflecting leadership and long-standing impact in the global investment immigration space.

Learn more

Blog post

US Green Card by Investment | EB-5 and Gold Card Options for Middle Eastern Investors

Partners Isha Atassi and Rahul Soni outline key considerations across the EB-5 Immigrant Investor Program and the US Gold Card, comparing eligibility, investment structures and risk factors for high-net-worth individuals from the Middle East seeking US permanent residence.

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, Senior Associate Kimberley Ong and Immigration Paralegal Ataa Rajput 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

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

Blog post

Ireland Employment Permits Update: 2026 Salary Threshold Changes for Graduate Hiring

Immigration Manager Alice Heron examines Ireland’s updated employment permit salary thresholds taking effect in March 2026, including the reintroduction of graduate-specific Minimum Annual Remuneration bands and what these changes mean for employers planning graduate recruitment in 2026 and 2027.

Learn more

Fragomen news

Fragomen Announces 2026 Partner Class and Counsel ElevationsLearn more

Media mentions

Bloomberg Law: New H-1B Rule Pushes Employers to Rethink Workforce Options

Partner Jill Bloom explains how the new wage-based H-1B selection rule may influence hiring decisions and prompt employers to reassess workforce planning and explore alternative visa options.

Learn more

Media mentions

Business Insider: Immigration Lawyers Say the H-1B Chaos Is Forcing Tough Business Calls

Partner K. Edward Raleigh discusses how companies are rethinking their H-1B strategies amid evolving policies.

Learn more

Awards

Mitch Wexler Named 2025 Top 25 Immigration Attorney by EB5 Investors Magazine

Senior Counsel Mitch Wexler is recognized by EB5 Investors Magazine as a 2025 Top 25 award recipient, reflecting leadership and long-standing impact in the global investment immigration space.

Learn more

Blog post

US Green Card by Investment | EB-5 and Gold Card Options for Middle Eastern Investors

Partners Isha Atassi and Rahul Soni outline key considerations across the EB-5 Immigrant Investor Program and the US Gold Card, comparing eligibility, investment structures and risk factors for high-net-worth individuals from the Middle East seeking US permanent residence.

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, Senior Associate Kimberley Ong and Immigration Paralegal Ataa Rajput 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

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.