The Department of State (DOS) will deny visa applicants considered too reliant on public benefits. The announcement signals a reversal of a previously lax approach towards enforcing the public charge rule. Enforcing the rule is part of a larger government effort prioritizing individuals that are self-sufficient, per the DOS.
Public Charge Standards
Per the DOS statement, consular officials should use a wide range of factors in determining if an applicant displays a degree of self-sufficiency. These factors include:
- Health and need for long-term medical care.
- Age.
- English language proficiency.
- Financial history.
- Any previous use of government cash assistance.
- Institutionalization.
Additionally, individuals receiving resources from the following programs also break the public charger rule:
- The U.S. Social Security Administration’s Supplemental Security Income program.
- The federally funded Temporary Assistance for Needy Families program.
- Any state or local programs are designed to help low-income families.
Consular agents will examine all aspects of each case. As such, visa applicants should submit and keep copies of the following documentation during the application process.
- Visa petition.
- Visa application.
- Medical report.
- Affidavit of Support.
- Any additional information discovered during the vetting process.
Visa applicants near retirement age will face particularly high levels of scrutiny. The same goes for applicants exhibiting any history of physical or mental health issues, regardless of age. These guidelines are based on an Executive Order signed on February 19, 2025.
The government initially adopted this expanded view in 2019 but took a laxer approach soon after. Specific programs consular authorities look at include:
- Supplemental Nutrition Assistance Program (SNAP).
- Women, Infants, and Children (WIC) program.
- Medicaid.
- Housing Vouchers.
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