State Department Issues Public Charge Regulation To Align With DHS Rule

At a glance

• The State Department's new rule will impose a higher standard on both nonimmigrant and immigrant visa applicants to establish they are not likely to become a public charge of the U.S. government.
• The rule is set to take effect Tuesday, October 15. It is unclear how the agency will fully implement the regulation as new forms have not yet been issued in connection with the change.
• Public charge review of visa applicants abroad will largely align with the new Department of Homeland Security public charge rule, also set to take effect October 15.

The issue

The State Department will apply a new standard to determine whether visa applicants are likely to become a public charge under a regulation set for publication tomorrow and scheduled to take effect October 15, 2019. The new rule largely mirrors the recent Department of Homeland Security (DHS) public charge rule, also scheduled to take effect on October 15 amid multiple legal challenges. The