Following an appellate court ruling, the Department of Homeland Security announced it will resume implementing the public charge rule nationwide, including in Connecticut, New York and Vermont.

Key Points:

  • U.S. Citizenship and Immigration Services will resume applying the public charge rule to all applications and petitions postmarked, or electronically filed, on or after Feb. 24, 2020 (the original date that the rule was implemented).
  • For applications and petitions sent by commercial courier, such as UPS, FedEx or DHL, the date on the courier receipt will be the postmark date.

Background: The resumption of the public charge rule comes in response to the U.S. Court of Appeals for the Second Circuit ruling on Sept. 11 that stayed an injunction that previously prevented the agency from implementing the public charge rule while the lawsuits make their way through the courts.

BAL Analysis: This announcement confirms that employers and employees must continue to submit documentation required by the new public charge rule to USCIS at this time. More information about filing requirements can be found on the USCIS website. The ruling does not disturb an injunction on the State Department’s version of the public charge rule that prevents that agency from implementing the rule for visa applicants outside the U.S. BAL is continuing to monitor the multiple lawsuits challenging the public charge regulations and will provide news and analysis as additional information becomes available.

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

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