Last updated March 11, 2021, 12:05 PM EST

 

Related FAQs:

FAQ: Artist mobility to the U.S. during the COVID-19 pandemic

FAQ: Unemployment benefits for O and P visas holders

 

Good news: The Trump-era public charge rule is no longer in effect, and foreign nationals in legal status in the U.S. may now make use of certain public assistance programs, including SNAP (“food stamps”) and Medicaid, without fear of negative immigration repercussions. 

 

On March 9, 2021, DHS Secretary Alejandro N. Mayorkas announced that the government will no longer defend the 2019 public charge rule. “The 2019 public charge rule was not in keeping with our nation’s values. It penalized those who access health benefits and other government services available to them,” said DHS Secretary Mayorkas. As a result of the government’s decision and actions to cease defending the Trump era public charge rule in the court system, the government’s 1999 interim field guidance on public charge admissibility is currently in effect. 

Effective immediately, foreign nationals in legal status in the U.S. may make use of certain public assistance programs, including SNAP (“food stamps”) and Medicaid, without fear that they are putting their immigration status at risk. However, receiving cash benefits for income maintenance (like welfare) is still a public charge risk. 

 

How does this affect me if I am in the U.S.?

If you are in the U.S. and you file an application with USCIS, use of non-cash public benefits should not negatively affect your case.

 

How does this affect me if I am outside the U.S.?

If you are outside the U.S. and are looking to get a visa issued by an embassy or consulate, the use of non-cash public benefits should not negatively impact you. Keep in mind, however, that visa services are currently suspended at most U.S. embassies and consulates throughout the world, and pandemic-related travel restrictions remain in place; see our COVID-19 FAQ for more information.

 

IMPORTANT: About Unemployment Benefits:

Despite this announcement, it remains risky for individuals on temporary work visas (like O-1s) to enroll for unemployment benefits while maintaining their work authorized status.