US Department of State and Department of Homeland Security expanding public charge assessments

The U.S. Department of State has reportedly issued an internal cable directing consular officers to significantly expand the review of health conditions when assessing if visa applicants are likely to become a public charge in the U.S. (i.e., rely on financial support from the U.S. government). Historically, public charge health assessments mainly focused on communicable diseases, vaccination compliance and issues such as substance abuse. The expanded review includes a wider range of common conditions, such as cardiovascular disease, diabetes, high blood pressure, cancer, asthma and mental health conditions, among others, giving officers broader discretion to deny visa applications if applicants are deemed unable to cover potential medical costs over their lifetime without government assistance. While this change applies to both nonimmigrant and immigrant visa applicants, it particularly affects immigrant visa applicants, who may need to provide more extensive documentation regarding their financial status, health insurance and ability to cover treatment costs for any relevant health conditions they may have.

Following the reported issuance of this cable, the U.S. Department of Homeland Security published a proposed rule to replace the current public charge standard for adjustment of status (AOS) applications with a more subjective standard that guides officers to assess whether foreign nationals are likely to become "dependent on public resources to meet their needs," replacing the current "primarily dependent" standard. The proposed rule also expands the factors and benefits relevant to public charge assessments, including Medicaid, Supplemental Nutrition Assistance Program (i.e., SNAP), housing assistance and other government benefits. If the proposed rule is finalized, certain AOS applicants (such as those who have previously relied on government benefits) may be required to provide more extensive evidence to demonstrate that they are not likely to become a public charge in the U.S.

If you have any questions or need additional information about this alert, please feel free to contact the HSF Kramer Immigration Group.