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OIS NEWS - 3/23/2021

USCIS Immediately Stops Applying Public Charge Rule

On March 19, 2021, U.S. Citizenship and Immigration Services (USCIS) announced it would immediately cease applying the 2019 Public Charge Final Rule to all applications and petitions that were pending as of March 9, 2021. This announcement comes after litigation in the U.S. District Court for the Northern District of Illinois that vacated the Inadmissibility on Public Charge Grounds final rule from 2019, a decision which the U.S. Court of Appeals for the Seventh Circuit stayed. On March 9, 2021, the Seventh Circuit lifted the stay, resulting in USCIS immediately stopping the application of the 2019 Public Charge Final Rule.  More information about the recent USCIS decision can be found here.

This decision means USCIS will no longer apply the “public benefits condition” to applications and petitions for extensions and changes of nonimmigrant status, which includes but is not limited to visa classifications such as H-1B and O-1. Additionally, USCIS will revert to its previous 1999 Interim Field Guidance in the adjudication of adjustment-of-status (green card) applications.

The Office of International Services will continue to monitor this issue and notify the UIC community as updates become available. Questions can be directed to ois@uic.edu or (312) 996-3121.