The US Department of State (DOS) has issued a notice reminding visa applicants and nonimmigrant visa holders of long-standing public charge provisions under US immigration law. This DOS notice aligns in purpose and policy direction with the Department of Homeland Security’s (DHS) recently proposed rule to reinstate and strengthen public charge assessments for foreign nationals. The DHS proposal, published earlier this month, would expand consequences for noncitizens who rely on US public benefits or are likely to become dependent in the future.

DOS Reminder: What Is a Public Charge?

Under US immigration law, an individual is considered a public charge if they become primarily dependent on the US government for subsistence. This can occur through:

Receiving cash assistance for income maintenance (such as SSI or TANF)
Receiving state or local General Assistance
Long-term institutionalization at government expense, including nursing facilities or mental health institutions

These categories have long been part of DOS guidance to consular officers and do not represent a new policy but rather a reinforcement of existing law.

Consequences for Nonimmigrant Visa Holders Who Use Public Benefits

DOS emphasizes that foreign nationals who improperly use US public benefits may face serious immigration consequences, including:

Visa revocation
Future visa ineligibility
Possible criminal prosecution in cases of fraud or misrepresentation

The notice underscores that foreign visitors must have the means to support themselves throughout their stay and should not rely on public resources.

How Consular Officers Assess Public Charge Concerns

Consular officers have had authority for more than 100 years to deny visas based on the likelihood that an applicant may become a public charge. Officers conduct a totality‑of‑circumstances assessment, which may include:

Age
Health and anticipated medical needs
Family status
Financial resources
Education and skills
Past or current use of US public benefits

Applicants must demonstrate that they can cover their own living costs and do not intend to rely on taxpayer-funded support.

Travel for Medical Treatment

Foreign nationals may still be eligible for a visa to travel to the United States for medical care. However, they must show that:

They can pay for the treatment and related expenses without relying on US public benefits, and
They intend to return home after receiving care

Visas are adjudicated case by case, and issuance occurs only after the applicant has demonstrated eligibility under U.S. law.

Erickson Insights & Analysis

While the DOS notice focuses on visa applicants abroad, DHS’s proposed public charge rule would apply to individuals already in the United States seeking immigration benefits. Together, these actions signal a coordinated federal approach to reestablishing and tightening public charge determinations across the immigration system.

Erickson Immigration Group will continue monitoring DOS and DHS developments and provide updates as additional rulemaking and guidance become available.