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ARTICLE · 19 AUGUST 2019

DHS Finalizes Public Charge Rule And Limits Its Applicability From Initially Proposed Regulation

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DHS has announced that it has finalized the previously proposed rule on what immigrants are considered a "public charge." The final rule was published in the Federal Register yesterday.

United StatesImmigration
Lars-Erik Hjelm
Lars-Erik Hjelm
Maka Y. Hutson
Maka Y. Hutson
Jillie B. Richards
Jillie B. Richards
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Key Points

  • DHS has announced that it has finalized the previously proposed rule on what immigrants are considered a "public charge." The final rule was published in the Federal Register yesterday.
  • The rule is effective on October 15, 2019, 60 days after publication.
  • The rule applies to those seeking permanent residence in the United States (a "green card"), whether the applicant is sponsored by a family member or an employer. The rule also applies to nonimmigrants who apply for or seek to extend work, student or tourist visas.
  • The rule defines the terms "public charge" and "public benefit" and authorizes denial of applications for permanent residence or for a nonimmigrant visa for those found to be a public charge or those determined likely to become a public charge at any time in the future.

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