Important Updates
Important Updates
August 21, 2025 | United StatesFragomen Attorneys Recognized in the 2026 Edition of The Best Lawyers in America™
August 22, 2025 | JordanJordan: Vietnamese Nationals Can Now Obtain E-Visas, Visas-on-Arrival
August 22, 2025 | New ZealandNew Zealand: New Parent Boost Visitor Visa Forthcoming
August 22, 2025 | United StatesPartners Molly Carey and Catherine Macris Named 2025 New England Legal Awards Finalists
August 22, 2025 | United StatesThe Advocate: Navigating the Complexities of Business Immigration Law
August 21, 2025 | United StatesFragomen Attorneys Recognized in the 2026 Edition of The Best Lawyers in America™
August 22, 2025 | JordanJordan: Vietnamese Nationals Can Now Obtain E-Visas, Visas-on-Arrival
August 22, 2025 | New ZealandNew Zealand: New Parent Boost Visitor Visa Forthcoming
August 22, 2025 | United StatesPartners Molly Carey and Catherine Macris Named 2025 New England Legal Awards Finalists
August 22, 2025 | United StatesThe Advocate: Navigating the Complexities of Business Immigration Law
August 21, 2025 | United StatesFragomen Attorneys Recognized in the 2026 Edition of The Best Lawyers in America™
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 ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationAustralian 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
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • 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

USCIS Provides Guidance on Public Charge Requirements in the Wake of a Federal Court Injunction

July 31, 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

  • USCIS will not apply its 2019 public charge regulation to applications for adjustment of status or nonimmigrant changes or extensions of status that are adjudicated on or after July 29, 2020, the date of a federal court order blocking the agency from applying the regulation during the COVID-19 emergency.
  • While the court order is in place, applicants who file adjustment of status application postmarked on or after July 29, 2020 will not be required to submit the Form I-944 Declaration of Self-Sufficiency and the supplemental detailed personal documentation.  Similarly, nonimmigrant applicants will not be required to answer questions about their receipt of public benefits when seeking a change or extension of status.

The issue

USCIS has confirmed that it will comply with a recent federal district court order that temporarily enjoins the agency from applying the Department of Homeland Security’s 2019 public charge regulation to applicants for adjustment of status or nonimmigrant changes or extensions of status.

On July 29, 2020, Judge George B. Daniels of the U.S. District Court for the Southern District of New York issued a nationwide preliminary injunction against the enforcement of DHS’s public charge rule during the COVID-19 public health emergency.

What this means for applicants and petitioners

In compliance with the order, USCIS will not require applicants for adjustment of status to permanent residence to submit Form I-944, the new Declaration of Self-Sufficiency, and accompanying personal documentation when filing a Form I-485 postmarked July 29, 2020 or later.  The agency will not consider information provided on Form I-944 when adjudicating adjustment of status applications on or after July 29, 2020.

Likewise, USCIS will not require applicants for a change or extension of nonimmigrant status on Form I-129 or Form I-539/I-539A to answer questions about their receipt of public benefits if their cases are postmarked July 29, 2020 or later.  The agency will not consider public benefits information provided on those forms when adjudicating nonimmigrant petitions on or after July 29, 2020.

What’s next for the public charge rule and litigation

The USCIS guidance will remain in effect for the duration of the federal court injunction.  The agency is expected to appeal the injunction to a higher court in the near future.

Fragomen is closely monitoring lawsuits challenging the public charge rule and will provide updates as new information becomes available.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work.

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

Navigating Business Travel in Germany: Essential Insights | #MobilityMinute

Senior Associate Isabel Schnitzler discusses how to navigate business travel in Germany.

Learn more

Awards

Partners Molly Carey and Catherine Macris Named 2025 New England Legal Awards Finalists

Partners Molly Carey and Catherine Macris are finalists for the 2025 New England Legal Awards in the Partner of the Year and Regional Managing Partner of the Year categories.

Learn more

Media mentions

The Advocate: Navigating the Complexities of Business Immigration Law

Matawan Managing Partner Rahul Shah reflects on his path in immigration law and shares his perspective on global mobility.

Learn more

Awards

Fragomen Attorneys Recognized in the 2026 Edition of The Best Lawyers in America™

The 2026 edition of The Best Lawyers in America™ honors numerous Fragomen attorneys for excellence in immigration law, including Partner Sarah K. Peterson, who received the distinguished “Lawyer of the Year” award.

Learn more

Video

Greek Citizenship by Descent: Are You Eligible?

In this video, Senior Manager Ben Morgan offers a comprehensive overview of Greek citizenship by descent—a key pathway for individuals with Greek ancestry to obtain citizenship.

Learn more

Blog post

Start Smart: Visa Pathways for Educational Opportunities in Thailand

Partner Aim-on Larpisal and Senior Knowledge Management Specialist outline key visa options available to international students seeking to study in Thailand, emphasizing strategic planning for a smooth application process.

Learn more

Fragomen news

Partner Charles Johanes contributes to Global Mobility Lawyer’s Guide to Global Immigration

Partner Charles Johanes contributed insights to the Australia section of a global immigration and mobility guide.

Learn more

Media mentions

Pittsburgh Business Times: Viewpoint: Immigration Compliance: A Strategic Imperative for Today’s Employers

Pittsburgh Managing Partner Alex Castrodale and Associate Adam Teets highlight the need for US employers to prepare for unannounced immigration compliance checks.

Learn more

Blog post

From Ground Staff to Game Day: UK Skilled Worker Visa Changes in 2025 and the Impact on the Hidden Workforce in Sports Sector

Associates Stephanie Fitton and Halil Kaya and Paralegal Marcus Alexander Lang-Rawlings discuss how UK changes to the Skilled Worker visa in 2025 are reshaping sports sector employment.

Learn more

Blog post

Talent & Policy: Navigating Career Beginnings and Hiring Challenges in Singapore

Assistant Business Immigration Managers Jeszel Panistante-Cabral, Elsie Lim and Nellanie Quimson explore the complexities young professionals face entering the workforce and the evolving hiring landscape in Singapore.

Learn more

Blog post

Global Mobility Support and Visa Services: Fragomen’s Outbound Solutions from Germany

Director David Iannella discusses Fragomen Germany’s approach to outbound immigration solutions and how the office supports global mobility through visa services and compliance expertise.

Learn more

Blog post

Lifting the Curtain: Saudi Arabia Demands Full Disclosure of Real Company Owners

Corporate Services Manager Asfandyar Sheikh and Assistant Corporate Services Manager Ka-Ying Leung discuss Saudi Arabia’s push for corporate transparency through new ownership disclosure rules.

Learn more

Video

Navigating Business Travel in Germany: Essential Insights | #MobilityMinute

Senior Associate Isabel Schnitzler discusses how to navigate business travel in Germany.

Learn more

Awards

Partners Molly Carey and Catherine Macris Named 2025 New England Legal Awards Finalists

Partners Molly Carey and Catherine Macris are finalists for the 2025 New England Legal Awards in the Partner of the Year and Regional Managing Partner of the Year categories.

Learn more

Media mentions

The Advocate: Navigating the Complexities of Business Immigration Law

Matawan Managing Partner Rahul Shah reflects on his path in immigration law and shares his perspective on global mobility.

Learn more

Awards

Fragomen Attorneys Recognized in the 2026 Edition of The Best Lawyers in America™

The 2026 edition of The Best Lawyers in America™ honors numerous Fragomen attorneys for excellence in immigration law, including Partner Sarah K. Peterson, who received the distinguished “Lawyer of the Year” award.

Learn more

Video

Greek Citizenship by Descent: Are You Eligible?

In this video, Senior Manager Ben Morgan offers a comprehensive overview of Greek citizenship by descent—a key pathway for individuals with Greek ancestry to obtain citizenship.

Learn more

Blog post

Start Smart: Visa Pathways for Educational Opportunities in Thailand

Partner Aim-on Larpisal and Senior Knowledge Management Specialist outline key visa options available to international students seeking to study in Thailand, emphasizing strategic planning for a smooth application process.

Learn more

Fragomen news

Partner Charles Johanes contributes to Global Mobility Lawyer’s Guide to Global Immigration

Partner Charles Johanes contributed insights to the Australia section of a global immigration and mobility guide.

Learn more

Media mentions

Pittsburgh Business Times: Viewpoint: Immigration Compliance: A Strategic Imperative for Today’s Employers

Pittsburgh Managing Partner Alex Castrodale and Associate Adam Teets highlight the need for US employers to prepare for unannounced immigration compliance checks.

Learn more

Blog post

From Ground Staff to Game Day: UK Skilled Worker Visa Changes in 2025 and the Impact on the Hidden Workforce in Sports Sector

Associates Stephanie Fitton and Halil Kaya and Paralegal Marcus Alexander Lang-Rawlings discuss how UK changes to the Skilled Worker visa in 2025 are reshaping sports sector employment.

Learn more

Blog post

Talent & Policy: Navigating Career Beginnings and Hiring Challenges in Singapore

Assistant Business Immigration Managers Jeszel Panistante-Cabral, Elsie Lim and Nellanie Quimson explore the complexities young professionals face entering the workforce and the evolving hiring landscape in Singapore.

Learn more

Blog post

Global Mobility Support and Visa Services: Fragomen’s Outbound Solutions from Germany

Director David Iannella discusses Fragomen Germany’s approach to outbound immigration solutions and how the office supports global mobility through visa services and compliance expertise.

Learn more

Blog post

Lifting the Curtain: Saudi Arabia Demands Full Disclosure of Real Company Owners

Corporate Services Manager Asfandyar Sheikh and Assistant Corporate Services Manager Ka-Ying Leung discuss Saudi Arabia’s push for corporate transparency through new ownership disclosure rules.

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.