President Biden Orders Review of Public Charge Rule

Washington, D.C., February 2, 2021: Tonight, President Biden issued an executive order requiring the U.S. Government to engage in an “immediate” review of the “Public Charge Rule” that requires immigrants to the U.S. to show that they have the financial means to pay for the stay and have not relied on means-tested public benefits in the U.S.

The Public Charge Rule has been the law for decades, but was expanded aggressively under the Trump Administration. The stated purpose of this expansion was to prevent more immigrants from entering the U.S. Form I-944 was adopted and required a detailed work history, credit history, listing of assets and liabilities, and a statement regarding reliance on any public benefits.

The Trump-era’s expanded Public Charge Rule was challenged repeatedly in federal court, from its implementation in February 2020 until the present. Litigation remains pending before the Seventh Circuit Court of Appeals.

Today’s Executive Order, however, appears to signal that the Biden Administration will roll back the expansive Public Charge Rule adopted under the previous government.

US Citizenship and Immigration Services, the US Department of State and the US Justice Department are the three agencies most closely responsible for visa issuance and adjudications, and were tasked lead the review under coordination of the White House Domestic Policy Council.

The Executive Order requires the relevant departments to each deliver a report to the White House within 60 days.

A copy of the Executive Order can be found with this link:

Donoso & Partners, a leading immigration law firm based in Washington, D.C., will continue to report on developments regarding the immigration law and policy through our news section of


Donoso & Partners, LLC provide assistance with review and advice regarding eligibility for visas to the U.S. or Canada.

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