Final Rule of Inadmissibility for Public Charge Reasons

The United States Citizenship and Immigration Services (USCIS) has released revised forms consistent with the final rule of Inadmissibility on Public Charge Grounds, which the Department of Homeland Security, including USCIS, will implement on February 24, 2020. As of February 24, 2020, applicants and petitioners must use the new editions of the following forms (except in Illinois, where a federal court still prohibits their implementation):

• Form I-129, Petition for a Nonimmigrant Worker
• Form I-129CW, Transitional Nonimmigrant Worker Petition - CNMI Only
• Form I-485, Application to Register Permanent Residence or Adjust Status
• Form I-485 Supplement A, Supplement A to Form I-485, Adjustment of Status under Section 245 (i)
• Form I-485J, Confirmation of a Genuine Job Offer or Application for Job Portability under Section 204 (j) of the INA
• Form I-539, Application to Extend / Change Nonimmigrant Status
• Form I-539A, Supplemental Information for Application to Extend or Change Nonimmigrant Status (PDF)
• Form I-601, Request for Waiver of Grounds of Inadmissibility
• Form I-864, Affidavit of Financial Sponsorship under Section 213A of the INA
• Form I-864A, Contract Between Sponsor and Family Group Member
• Form I-864EZ, Affidavit of Financial Sponsorship under Section 213A of the INA
• Form I-912, Fee Waiver Request

Additionally, except in Illinois, applicants for adjustment of status subject to inadmissibility on public charge grounds and the final rule will have to file the Form I-944, Declaration of Self-Sufficiency. Some applicants invited by USCIS to post a bond for public charge reasons can use the new Form I-945, Public Charge Bond, for that purpose, and the new Form I-356, Request for Cancellation of Public Charge Bond, to request the cancellation of the bond for reasons of public charge.

Some categories of aliens are exempt from the ground of inadmissibility on public charge grounds (such as refugees, asylees, VAWA, and some applicants for T and U visas) and are therefore not subject to the final rule of inadmissibility for reasons of public charge. For more information about the categories of foreigners that are exempt from the final rule, please see the Policy Manual.

How to Report Benefit Information

The final rule requires foreigners to provide certain information related to public benefits. The Form I-944 instructions require aliens who are subject to inadmissibility on public charge grounds to provide information about whether the alien applied for, was certified, or approved to receive, or received certain non-cash public benefits on or after the October 15, 2019.

The instructions for Forms I-129, I-129CW, I-539, require the petitioner or alien to report whether the alien has received public benefits since he obtained his nonimmigrant status that he wishes to extend or change.

Due to the delays produced by the legal litigation in the implementation of the final rule, USCIS will apply all of these references as of October 15, 2019 as if it were referring to February 24, 2020. Petitioners and aliens should do the same. In other words, foreigners do not have to report on Form I-944 the application, certification or approval to receive, or receipt of certain non-monetary public benefits before February 24, 2020. Likewise, petitioners and foreigners do not have To report on Forms I-129, I-129CW and I-539, any public benefit received by the alien, if the benefit was received before February 24, 2020.

Postmark and Form Submission Dates

USCIS will accept the current edition of these forms if it is postmarked (or electronically filed, if applicable) by February 24, 2020. We will not accept them if they are postmarked on or after February 24, 2020, except in Illinois. For requests and requests sent via commercial courier (for example, UPS, FedEx, or DHL), the postmark date is the date indicated on the courier's receipt.

Illinois residents

USCIS is prohibited from implementing the final rule in Illinois, where the United States District Court for the Northern District of Illinois is prohibited from implementing it. If the preliminary injunction is lifted, USCIS will provide additional guidance. If you are applying for immigration benefits and you live in Illinois, or are a petitioning employer in Illinois, please review the information from our website about how Illinois residents can access the forms and file their application under this interim injunction.

Additional Information

USCIS has also published guidelines in the Policy Manual based on the final rule. For additional information please see the Policy Alert (PDF, 336 KB).

For more information about the final rule, see page Final Rule of Inadmissibility for Public Charge Reasons.