Public Charge Policies: USCIS Announces New Proposed Rule, DOS Issues Immediate Consular Guidance

Programs such as Medicaid (except long-term care), SNAP, WIC, CHIP, housing assistance, and emergency benefits would not be treated as evidence of public charge. The rule will also modernize how officers evaluate financial stability, offering clearer guidance on assessing income, assets, education, skills, work history, health insurance, and affidavits of support. Once the NPRM is published in the Federal Register, a formal public comment period will begin before the rule becomes final.

At the same time, the Department of State (DOS) has issued a new public charge cable that immediately updates how consular officers apply public charge standards in visa interviews abroad. The DOS guidance aligns closely with the expected USCIS framework, instructing consulates to focus on the same narrow set of benefits and to avoid penalizing applicants for using supplemental programs. It also clarifies how officers should review Form I-864 and how to evaluate an applicant’s age, health, assets, income, education, skills, and overall financial circumstances. Unlike the USCIS change — which is still proposed — the DOS update is effective right now, meaning applicants attending consular interviews should be prepared with complete financial documentation and a clear explanation of their financial situation.

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