• Insights

United States: State Department Reportedly Applying Expanded Health Review in Visa Applications

Updated November 17, 2025 | November 7, 2025

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

  • Several media outlets are reporting that an internal State Department cable directs consular officers to more broadly consider a visa applicant’s health condition in determining whether the applicant will become a public charge of the United States, and therefore, deemed ineligible for a visa.
  • Conditions such as diabetes, asthma, high blood pressure, cardiovascular disease, mental health conditions or obesity could be weighed more heavily in visa applications.
  • Immigrant visa applicants are likely to be most impacted by this change in policy, as they plan to reside in the United States permanently and require a medical exam as part of their green card application.

The issue

The State Department has issued an internal cable advising consular officers to apply a significantly broader health review when determining whether a visa applicant is likely to become a public charge of the United States, according to news outlets that have reviewed the cable. The change is likely to have the strongest impact on immigrant visa applicants applying for permanent resident status through U.S. consulates abroad since these applicants are seeking to reside permanently in the United States. Immigrant visa applicants undergo a panel physical medical exam abroad as a part of their immigrant visa application.

The expanded review described in the new State Department cable would include a much broader range of health conditions in a public charge determination, including diabetes, asthma, high blood pressure, cardiovascular disease, sleep apnea, cancer, respiratory, neurological or metabolic diseases, mental health conditions, or obesity as negative factors in a public charge review. The cable reportedly asserts that if a consular officer does not believe an applicant would have adequate financial resources to cover the cost of their medical care over their entire expected lifespan without seeking government cash assistance or long-term institutionalization at government expense, the consular officer may deny the application based on a public charge finding.

The cable also reportedly directs consular officers to:

  • Consider the health conditions of an applicant’s family members who are not themselves visa applicants, in making a public charge finding about an applicant;
  • Consider a wider range of public benefits currently or previously received by a visa applicant. Though the current Department of Homeland Security public charge regulation does not include government housing, food, or medical assistance in its definition of a covered public benefit, the State Department cable reportedly directs consular officers to consider these benefits as negative factors in a public charge totality test; and
  • Engage in a more rigorous review of whether a visa applicant’s age, education and skills, and financial situation indicate that the applicant is likely to become a public charge at any time.

In addition, the cable reportedly reminds consular officers that the public charge ground of inadmissibility applies to nonimmigrant as well as immigrant visa applicants, though acknowledges that immigrant visa applicants will generally need to provide considerably more evidence to overcome the ineligibility ground. Currently, unless there is a concern regarding a history of substance use, nonimmigrant applicants generally are not required to undergo a medical examination or provide detailed medical information.

Background

Public charge is a statutory ground of inadmissibility that applies to all visa applicants (both nonimmigrant and immigrant), adjustment of status applicants, and some nonimmigrants within the United States in certain circumstances. The Immigration and Nationality Act does not define “public charge” but requires a totality test of certain factors to determine if a foreign national is likely to become a public charge of the government – health, age, and financial status are among the required factors. If the government deems it likely that a foreign national will become a public charge, the government can deny the immigration benefit or status sought by the foreign national. Immigrant visa applicants are subject to a much more robust public charge review than nonimmigrant visa applicants.

While public charge in the permanent residence context has always involved review of an immigrant visa applicant’s health, that review was generally limited to screening for communicable and infectious diseases like tuberculosis and the measles, ensuring an applicant’s vaccination history is complete, and screening for a history of alcohol or drug use. The expanded review described in the new State Department cable would include a review of a much broader range of health conditions including some very common chronic but treatable conditions.

During the first Trump Administration, the U.S. government was highly focused on the public charge ground of inadmissibility, though more heavily focused on an applicant’s financial status and a broad range of public benefits the applicant had received or was receiving. In early November, the Department of Homeland Security (DHS) submitted a new public charge regulation for regulatory review, which would apply to adjustment of status applicants and possibly certain nonimmigrants seeking extensions or changes of status in the United States. The contents of the DHS rule are not known, including whether it mirrors the agency’s 2019 public charge rule. It is also possible that the new DHS rule could include content that mirrors this broader health review being implemented in the new State Department cable.

What it means

Immigrant visa applicants with health conditions listed in the cable reporting may be asked by U.S. consulates to provide more robust information and documentation regarding their financial status and ability to cover the cost of any treatment for health conditions. Applicants may need to establish and provide evidence of their employer-provided health insurance and/or additional detail regarding their general financial status.

Immigrant and nonimmigrant visa applicants may be subject to a more rigorous public charge inquiry in general, when applying for a visa. The public charge ground of inadmissibility requires a totality test of all relevant factors; generally, no one factor is determinative in a public charge finding.

Fragomen is tracking the implementation of this new State Department public charge policy and any related public charge policy changes at the State Department and at other agencies.

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

Video

Healthcare Horizons: Open Enrollment - a J-1 Trap? | #MobilityMinute

Counsel Christopher L. Wendt discusses why J-1 exchange visitors should carefully evaluate health insurance options during open enrollment and how a proposed Department of State rule could increase the consequences of selecting coverage that does not meet applicable requirements.

Learn more

Fragomen news

2026 年9月アメリカ移民法ダイジェストLearn more

Media mentions

Scottish Legal News: Scotland Needs Immigration Rules Built for Scotland’s Economy

Director Kelly Hardman examines proposals for a more tailored immigration framework in Scotland that reflects the country’s economic, workforce and demographic needs.

Learn more

Media mentions

Veranda: Want to Get a Second Passport? Here Are the 3 Universal Rules You Need to Know

Practice Leader Olga Nechita outlines common pathways to obtaining a second passport and key considerations for prospective applicants.

Learn more

Blog post

Malta Citizenship by Merit and Vision 2050: Who May Qualify and What Contributions Matter?

Director Isobel Neilson and Manager Sophie Jo Wasson examine how Malta’s Citizenship by Merit framework considers exceptional achievement and contribution alongside the country’s long-term priorities under Vision 2050, and what applicants should consider when developing a credible case.

Learn more

Media mentions

People Management: UK Right to Work Check Changes: What Businesses Need to Know

Partner Naomi Goldshtein discusses how new UK right to work requirements extend beyond direct employees and the steps businesses should take to understand and manage workforce compliance.

Learn more

Blog post

The Dutch-American Friendship Treaty at 70: How “Friendly” is it in Practice?

Partners Aviva Meerschwam and Christine Sullivan, Senior Associate Tuğba Özyakup and Junior Immigration Consultant Gabriela Gonzalez examine how the Dutch-American Friendship Treaty operates in the Netherlands and the US, and what the differences mean for entrepreneurs, investors and businesses pursuing transatlantic growth.

Learn more

Awards

Fragomen Named a Top 10 Finalist for the 2026 Cartus Masters Cup

Fragomen is a Top 10 finalist for the 2026 Cartus Masters Cup, Cartus’ highest supplier honor recognizing exceptional service, collaboration, innovation and commitment to clients and relocating employees.

Learn more

Media mentions

SHRM: Proposed $103,265 H-1B Is Changing Talent Acquisition Strategy

Partner Bo Cooper discusses the proposed $103,265 H-1B fee, potential legal challenges and its broader implications for employers and high-skilled immigration.

Learn more

Media mentions

Business Insider: The Hidden Sacrifices of Chasing an H-1B Career in America

Partner Aaron Blumberg discusses how proposed changes to the H-1B program could affect workers facing layoffs and families navigating dependent visa status.

Learn more

Blog post

Permanent Residence in Germany: Why Eligible Foreign Nationals Should Consider Applying Early

Senior Associate Arta Djahanschiri outlines the principal pathways to permanent residence in Germany, the flexibility and security the status can provide and why eligible foreign nationals should consider applying early.

Learn more

Blog post

Proposed Changes to Naturalisation by Residency in Ireland: What Does it Mean for Employers and Global Mobility Programmes?

Immigration Manager Jo Crawford examines proposed changes to Ireland’s naturalisation requirements and what they could mean for employers and global mobility programmes, including talent retention, workforce planning and business mobility. 

Learn more

Video

Healthcare Horizons: Open Enrollment - a J-1 Trap? | #MobilityMinute

Counsel Christopher L. Wendt discusses why J-1 exchange visitors should carefully evaluate health insurance options during open enrollment and how a proposed Department of State rule could increase the consequences of selecting coverage that does not meet applicable requirements.

Learn more

Fragomen news

2026 年9月アメリカ移民法ダイジェストLearn more

Media mentions

Scottish Legal News: Scotland Needs Immigration Rules Built for Scotland’s Economy

Director Kelly Hardman examines proposals for a more tailored immigration framework in Scotland that reflects the country’s economic, workforce and demographic needs.

Learn more

Media mentions

Veranda: Want to Get a Second Passport? Here Are the 3 Universal Rules You Need to Know

Practice Leader Olga Nechita outlines common pathways to obtaining a second passport and key considerations for prospective applicants.

Learn more

Blog post

Malta Citizenship by Merit and Vision 2050: Who May Qualify and What Contributions Matter?

Director Isobel Neilson and Manager Sophie Jo Wasson examine how Malta’s Citizenship by Merit framework considers exceptional achievement and contribution alongside the country’s long-term priorities under Vision 2050, and what applicants should consider when developing a credible case.

Learn more

Media mentions

People Management: UK Right to Work Check Changes: What Businesses Need to Know

Partner Naomi Goldshtein discusses how new UK right to work requirements extend beyond direct employees and the steps businesses should take to understand and manage workforce compliance.

Learn more

Blog post

The Dutch-American Friendship Treaty at 70: How “Friendly” is it in Practice?

Partners Aviva Meerschwam and Christine Sullivan, Senior Associate Tuğba Özyakup and Junior Immigration Consultant Gabriela Gonzalez examine how the Dutch-American Friendship Treaty operates in the Netherlands and the US, and what the differences mean for entrepreneurs, investors and businesses pursuing transatlantic growth.

Learn more

Awards

Fragomen Named a Top 10 Finalist for the 2026 Cartus Masters Cup

Fragomen is a Top 10 finalist for the 2026 Cartus Masters Cup, Cartus’ highest supplier honor recognizing exceptional service, collaboration, innovation and commitment to clients and relocating employees.

Learn more

Media mentions

SHRM: Proposed $103,265 H-1B Is Changing Talent Acquisition Strategy

Partner Bo Cooper discusses the proposed $103,265 H-1B fee, potential legal challenges and its broader implications for employers and high-skilled immigration.

Learn more

Media mentions

Business Insider: The Hidden Sacrifices of Chasing an H-1B Career in America

Partner Aaron Blumberg discusses how proposed changes to the H-1B program could affect workers facing layoffs and families navigating dependent visa status.

Learn more

Blog post

Permanent Residence in Germany: Why Eligible Foreign Nationals Should Consider Applying Early

Senior Associate Arta Djahanschiri outlines the principal pathways to permanent residence in Germany, the flexibility and security the status can provide and why eligible foreign nationals should consider applying early.

Learn more

Blog post

Proposed Changes to Naturalisation by Residency in Ireland: What Does it Mean for Employers and Global Mobility Programmes?

Immigration Manager Jo Crawford examines proposed changes to Ireland’s naturalisation requirements and what they could mean for employers and global mobility programmes, including talent retention, workforce planning and business mobility. 

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
October 6, 2026 | United KingdomUnited Kingdom: Contactless Border Checks Launched
October 6, 2026 | Japan, United States2026 年9月アメリカ移民法ダイジェスト
October 6, 2026 | AustriaAustria: Reforms Relax Rules on Employer Changes and Unemployment
October 6, 2026 | BahrainBahrain: Foreign Workers Now Allowed to Work for Other Employers Temporarily
October 6, 2026 | United KingdomScottish Legal News: Scotland Needs Immigration Rules Built for Scotland’s Economy
October 6, 2026 | United KingdomUnited Kingdom: Contactless Border Checks Launched
October 6, 2026 | Japan, United States2026 年9月アメリカ移民法ダイジェスト
October 6, 2026 | AustriaAustria: Reforms Relax Rules on Employer Changes and Unemployment
October 6, 2026 | BahrainBahrain: Foreign Workers Now Allowed to Work for Other Employers Temporarily
October 6, 2026 | United KingdomScottish Legal News: Scotland Needs Immigration Rules Built for Scotland’s Economy
October 6, 2026 | United KingdomUnited Kingdom: Contactless Border Checks Launched
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.