U.S. Citizenship and Immigration Services has released new versions of forms that will be required, except in Illinois, under the public charge rule starting Feb. 24. The announcement follows a Supreme Court ruling that lifted nationwide temporary injunctions and allows the government to implement the rule while the lawsuits proceed.

Key points:

  • Beginning Feb. 24, new editions of several forms must be used, including the form used for H-1B, L-1 and other nonimmigrant workers, extension or changes of nonimmigrant status, and adjustment of status (permanent residence), among others.
  • Old versions of the forms will be rejected if postmarked on or after Feb. 24, 2020, except for petitioners and applicants in Illinois. The postmark date on petitions sent by commercial courier is the date on the courier receipt.
  • Additionally, adjustment of status applicants will be required to submit a new form called the Declaration of Self-Sufficiency, Form I-944.
  • USCIS may request that certain applicants post a public charge bond and submit accompanying Form I-945.
  • Petitioning employers and applicants in Illinois may use current forms until further notice.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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