• Insights

USCIS Resumes Nationwide Application of Public Charge Regulation

September 22, 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

  • U.S. Citizenship and Immigration Services (USCIS) will again apply its public charge rule nationwide.
  • Any adjustment of status application filed on or after February 24, 2020 and received by USCIS before October 13, 2020 may receive a request for evidence (RFE) for Form I-944 and accompanying public charge documentation.
  • Starting October 13, 2020, USCIS will reject any adjustment of status application filed without Form I-944 and related documentation.
  • Nonimmigrant extensions of stay and changes of status filed on Forms I-129 and I-539/A do not appear to be explicitly granted a grace period by USCIS. Foreign nationals should answer public benefits condition questions out of an abundance of caution on these forms.

The issue

In the wake of the Second Circuit's September 11, 2020 decision to stay a limited injunction against the Department of Homeland Security public charge rule, U.S. Citizenship and Immigration Services (USCIS) today announced it will resume applying the regulation to affected adjustment of status applications and nonimmigrant extensions of stay and changes of status.

USCIS’s announcement follows a string of judicial rulings concerning enforcement of the public charge regulation. The rule is being challenged in several ongoing federal lawsuits. Separately, the State Department remains barred from enforcing its public charge regulation, which is applicable to foreign nationals applying for visas from outside of the United States.

Impact on adjustment applications

USCIS will once again require applicants for adjustment of status to submit Form I-944, the declaration of self-sufficiency, and related documentation, with a brief grace period through October 12, as follows:

  • Adjustment filings received at USCIS before October 13: Adjustment applicants may continue to file Form I-485 without a Form I-944, Declaration of Self-Sufficiency, provided the case is received at USCIS before October 13, 2020. USCIS should not reject these cases, but will issue a Request for Evidence (RFE) for the Form I-944 and related documents. USCIS is also expected to issue public charge RFEs for adjustment cases that were filed between July 29 and September 22, 2020 and remain pending.
  • Adjustments received at USCIS on October 13 or later: These filings will be rejected unless they include Form I-944 and related documentation or are exempt from the public charge regulation.
  • Adjustments and nonimmigrant COS/EOS filings decided between July 29 and September 22, 2020: USCIS says it will not re-adjudicate applications or petitions that were approved between the July 29 district court injunction and today's notice.


As previously reported, USCIS fee increases and filing requirement changes are set to take effect on October 2nd. These changes affect adjustment of status applications and nonimmigrant extensions and changes of status. The agency has not yet released the new forms that accompany these changes, so there may be little to no lead time in order to prepare cases using the new forms and fees.

Impact on applications to change or extend nonimmigrant status

USCIS has not provided an explicit grace period for answers to public charge questions on extensions and changes of nonimmigrant status filed on Forms I-129, I-539 and I-539A. Petitioners and applicants seeking a nonimmigrant extension or change of status should respond to the public charge questions on the applicable forms beginning today. USCIS is expected to issue RFEs for public charge information in extension and status change cases filed between July 29 and September 22, 2020.

Fragomen is closely monitoring the status of the DHS public charge rule and will issue further client alerts 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

Business Insider: How Would the $70,000 Fee on International Students Working in the US Impact Schools and Grads? 2 Lawyers Break It Down.

Partner Aaron Blumberg discusses how a proposed $70,000 fee for international students seeking US work authorization could affect students, universities and employers.

Learn more

Fragomen news

Comment on USCIS Mandatory Electronic Filing RuleLearn more

Fragomen news

Fragomen Collaboration Selected as 2026 European Labour Authority Good Practice

Fragomen, together with SICPA and Deutsche Rentenversicherung Bund, has been selected by the European Labour Authority as a 2026 Good Practice for an EU-funded WE BUILD use case exploring how digital identity solutions could help transform PD A1 processes and support cross-border labour mobility in Europe.

Learn more

Media mentions

The Caterer: Right to Work Scheme: Have You Carried Out Checks on Temporary Staff?

Senior Manager Louise Senior highlights how expanded UK right to work requirements will affect hospitality businesses using temporary and contingent workers.

Learn more

Media mentions

Citeline: The People Behind The Pipeline: How The Global Race For Talent Is Reshaping Pharma

Partners Rajiv Naik and Hyla Kaplan Rosenberg explore how global talent policies are reshaping the biopharma industry.

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

Media mentions

Business Insider: How Would the $70,000 Fee on International Students Working in the US Impact Schools and Grads? 2 Lawyers Break It Down.

Partner Aaron Blumberg discusses how a proposed $70,000 fee for international students seeking US work authorization could affect students, universities and employers.

Learn more

Fragomen news

Comment on USCIS Mandatory Electronic Filing RuleLearn more

Fragomen news

Fragomen Collaboration Selected as 2026 European Labour Authority Good Practice

Fragomen, together with SICPA and Deutsche Rentenversicherung Bund, has been selected by the European Labour Authority as a 2026 Good Practice for an EU-funded WE BUILD use case exploring how digital identity solutions could help transform PD A1 processes and support cross-border labour mobility in Europe.

Learn more

Media mentions

The Caterer: Right to Work Scheme: Have You Carried Out Checks on Temporary Staff?

Senior Manager Louise Senior highlights how expanded UK right to work requirements will affect hospitality businesses using temporary and contingent workers.

Learn more

Media mentions

Citeline: The People Behind The Pipeline: How The Global Race For Talent Is Reshaping Pharma

Partners Rajiv Naik and Hyla Kaplan Rosenberg explore how global talent policies are reshaping the biopharma industry.

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
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 8, 2026 | BelgiumFragomen Collaboration Selected as 2026 European Labour Authority Good Practice
October 12, 2026 | United StatesBusiness Insider: How Would the $70,000 Fee on International Students Working in the US Impact Schools and Grads? 2 Lawyers Break It Down.
October 12, 2026 | South AfricaSouth Africa: 60-Day Advance Filing Requirement Waived for Certain Visa Applications
October 9, 2026 | United StatesComment on USCIS Mandatory Electronic Filing Rule
October 9, 2026 | KenyaKenya: Travel Health Insurance Requirement Implemented
October 8, 2026 | BelgiumFragomen Collaboration Selected as 2026 European Labour Authority Good Practice
October 12, 2026 | United StatesBusiness Insider: How Would the $70,000 Fee on International Students Working in the US Impact Schools and Grads? 2 Lawyers Break It Down.
October 12, 2026 | South AfricaSouth Africa: 60-Day Advance Filing Requirement Waived for Certain Visa Applications
October 9, 2026 | United StatesComment on USCIS Mandatory Electronic Filing Rule
October 9, 2026 | KenyaKenya: Travel Health Insurance Requirement Implemented
October 8, 2026 | BelgiumFragomen Collaboration Selected as 2026 European Labour Authority Good Practice
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.