Important H-1B Update: The filing period for applicants selected in the FY2023 lottery begins April 1.
Litwin & Smith has a long history of success guiding businesses through the filing process. Please contact us today for a free 10-minute H-1B consultation.

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Important H-1B Update: The filing period for applicants selected in the FY2023 lottery begins April 1. Litwin & Smith has a long history of success guiding businesses through the filing process. Please contact us today for a free 10-minute consultation.

USCIS is no longer applying the Public Charge Rule

USCIS is no Longer Applying the Public Charge Rule

Applicants and petitioners should not provide information or evidence related solely to the Public Charge Final Rule.

  • Applicants for adjustment of status should not submit Form I-944, Declaration of Self Sufficiency, or any evidence or documentation required by Form I-944 when they file their Form I-485.
  • Applicants and petitioners for extension of nonimmigrant stay and change of nonimmigrant status should not provide information related to the receipt of public benefits on Form I-129 (Part 6), Form I-129CW (Part 6), Form I-539 (Part 5), and Form I-539A (Part 3).
  • As of March 9, 2021, USCIS will not consider any information that relates solely to the Public Charge Final Rule, including, for example, information provided on Form I-944, evidence or documentation submitted with Form I-944, or information on the receipt of public benefits on Form I-129 (Part 6), Form I-129CW (Part 6), Form I-539 (Part 5), and Form I-539A (Part 3).
  • Request for Evidence (RFE) or Notice of Intent to Deny (NOID) responses due on or after March 9, 2021, requesting information solely required under the Public Charge Final Rule, including but not limited, to Form I-944, do not need to provide that information. However, you do need to respond to the aspects of the RFE or NOID that otherwise pertain to the eligibility for the immigration benefit sought.
  • USCIS will not reject any Form I-485 based on the inclusion or exclusion of Form I-944, and will not reject Form I-129, Form I-129CW, Form I-539, or Form I-539A based on whether the public benefits questions (Form I-129 (Part 6), Form I-129CW (Part 6), Form I-539 (Part 5), and Form I-539A (Part 3)) have been completed or left blank.

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We offer a free 10-minute phone consultation to provide you direction and answer quick questions. We recommend you make a full consultation to identify an action plan specific to your needs and answer all your questions.

For more information see: https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge

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