The US Supreme Court ruled on January 27 that the administration can begin to implement the public charge rule while the issue is still being litigated in the federal court system. The public charge rule increases the scrutiny on applicants for immigration benefits, and presumes that even temporary reliance on public assistance may render an applicant inadmissible to the United States, while also broadening the categories of public assistance that could lead to a finding of inadmissibility.

The public charge rule, originally due to take effect on October 15, 2019, also introduced a new US Citizenship and Immigration Services (USCIS) form, Form I-944, Declaration of Self Sufficiency. With this decision from the Supreme Court, the October 2019 injunction issued by the US District Court for the Southern District of New York has been lifted, and the administration may now implement the public charge rule as originally intended. We will provide further updates once USCIS updates its website to reflect this decision.

Employers sponsoring foreign national employees for nonimmigrant visas or US permanent residence may want to ensure that these employees are familiar with the list of public benefits that may result in a finding of “public charge” inadmissibility. In addition, it is important to consider that the new Form I-944, Declaration of Self Sufficiency, will require significant preparation time to ensure that it is properly completed and has the appropriate supporting documentation.