Biden Administration Action: Modified

DOS Notice on Affidavit of Support Fee Refund

This Biden administration policy modifies the Trump-era policy identified in this entry.

On Jan. 27, 2021, the State Department issued the following notice:
"When the Department of State's and Department of Homeland Security's public charge rules went into effect on February 24, 2020, Form I-864W was eliminated from U.S. government use. Those applicants who were previously required to file form I-864W are no longer required to do so, and as such, are not required to pay the affidavit of support fee to NVC. Individuals who were not required to submit an affidavit of support but who paid the affidavit of support fee on or after February 24, 2020, may be eligible for a refund of that fee."

[See Related Policy, below, for information on Form I-864W.]

Biden Administration Action: Under Study

Visas: Ineligibility Based on Public Charge Grounds

This Biden administration action announced the intention to solicit further public comment on the Trump-era policy identified in this entry.

In Spring of 2021, OMB announced that DOS intends to solicit information on the interim final rule (IFR) from the public as it was based on a rule that is no longer DHS policy. DOS plans to publish notice in the Federal Register soliciting comment on whether the IFR should be rescinded or modified.

Biden Administration Action: Under Study

2021.08.23 Proposed Rule Public Charge

The Biden administration solicits public comment and provides notice of virtual public listening sessions. DHS publishes the advance notice of proposed rulemaking (ANPRM) to seek public feedback on the public charge ground of inadmissibility in order to inform a future regulatory proposal. DHS requests written comments and related material to be submitted on or before October 22, 2021.

Biden Administration Action: Under Study

2021.11.21 Visas- Ineligibility Based on Public Charge Grounds

This Biden administration policy considers the Trump-era policy identified in this entry.

On November 17, 2021, the Biden State Department re-opened public comment on the interim final rule (IFR) regarding visa eligibility on public charge grounds that was originally published on October 11, 2019. The DOS provided the following rationale for the re-opening: "Given the many changed circumstances since publication of the IFR, the Department is soliciting additional information from the public by reopening the public comment period for an additional 60 days."

Biden Administration Action: Revoked/Replaced

2023.09.05 Visas- Ineligibility Based on Public Charge

This Biden Administration action revokes portions of the Trump administration policy identified in this entry.

After a lengthy public comment period, the State Department decided not to finalize the rule proposed in the Trump administration's 2019 Interim Final Rule ("IFR"), relating to visa eligibility and the public charge rule, instead choosing to restore the regulatory text that predated the IFR, which is more consistent with the Biden Administration's current public charge policy. The State Department also announced that it anticipates initiating a rule making process to make additional adjustments to visa processes, in light of the 2022 DHS public charge final rule.