Rule of 'Public Burden': New USCIS Forms and Requirements for Immigrants

The US Citizenship and Immigration Services has published revised and updated forms that comply with the final rule on the inadmissibility of a “social burden,” which will be enacted by the US Department of Homeland Security on February 24, 2020, and USCIS.

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Starting on that date, applicants and petitioners will need to use new editions of the following forms (with the exception of Illinois, where the rule is still pending before the federal court):

• Form I-129, Petition for a Nonimmigrant Worker
• Form I-129CW, Petition for a CNMI-Only Nonimmigrant Worker
• 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 Bona Fide Job Offer or Request for Job Portability Under INA Section 204 (j)
• Form I-539, Application to Extend / Change Nonimmigrant Status
• Form I-539A, Supplemental Information for Application to Extend / Change Nonimmigrant Status (PDF)
• Form I-601, Application for Waiver of Grounds of Inadmissibility
• Form I-864, Affidavit of Support Under Section 213A of the INA
• Form I-864A, Contract Between Sponsor and Household Member
• Form I-864EZ, Affidavit of Support Under Section 213A of the INA
• Form I-912, Request for Fee Waiver

In addition, with the exception of Illinois residents, status adjustment candidates that could potentially become a “social burden” will need to submit a form Form I-944, Declaration of Self Sufficiency. Applicants who are requested by USCIS to file a bail in a “public burden” case will use the new form for this purpose Form I-945, Public Charge Bond and a new form Form I-356, Request for Cancellation of Public Charge Bondto request a cancellation of the deposit.

Certain classes of foreigners (such as refugees; asylum seekers; applicants for violence against women; some applicants for T and U visas) are exempted from qualification as a “social burden” and therefore are not eligible under the new rules. For more information about classes of foreigners who are exempted from the final rule, pay attention to USCIS Policy Guide.

Public Goods Use Report

The final rule requires foreigners living in the United States to provide immigration authorities with certain information related to their use of public goods. The instructions for Form I-944 require that foreigners subject to the “no public burden” rule provide information on whether they have applied for benefits, whether applications for certain benefits have been approved, or whether they have received certain abilities October 15, 2019 or after this date.

The instructions for forms I-129, I-129CW, and I-539 require the applicant or foreigner to report whether he received public benefits from the moment he received non-immigrant status, which the foreigner seeks to renew or change.

On the subject: Trump's rule on 'public burden' will affect immigrants

Due to litigation delays in implementing the rule, the USCIS applies all referrals by October 15, 2019 as if it were February 24, 2020. Applicants and petitioners must do the same. In other words, foreigners do not need to report an application, certification or approval to receive certain non-monetary government benefits in the form of I-944 until February 24, 2020. Similarly, applicants and foreigners do not need to report receiving any public benefits on forms I-129, I-129CW and I-539 if the benefits were received before February 24, 2020.

Postmarks and filing dates

USCIS will accept the current edition of the forms if they are stamped (or submitted electronically, if applicable) by February 24, 2020. Forms will not be accepted if they are stamped February 24, 2020 or later, except for forms from Illinois. For applications and petitions sent by a commercial courier (e.g. UPS, FedEx or DHL), the date of the postmark is the date indicated on the courier's receipt.

Illinois residents

USCIS is prohibited from enforcing the final rule in Illinois, which has a U.S. District Court order for the Northern Illinois District prohibiting this rule. If the Illinois injunction is lifted, USCIS will provide additional public guidance. If you are applying for immigration benefits and living in Illinois or are an employer filing a petition in Illinois, review the information on agency website how Illinois can access forms and apply in light of the injunction.

On the subject: USCIS announces the entry into force of the 'public burden' rule: what's next

Further information

USCIS has also published a guide based on the latest rule in its Office Policy Guide. For more information see Policy Alert (PDF, 335KB).

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

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