NewsFlash! DOS Seeks to Implement New Public Charge Rule 24.Feb.2020

The U.S. Department of State (DOS) published a notice this morning in the Federal Registrar, requesting emergency processing by the Office of Management and Budget (OMB) of the proposed public charge questionnaire (form DS-5540) by February 24, 2020. The DOS needs the OMB to approve this form for use in order to implement the new DOS public charge rule at all U.S. embassies and consulates. See the MurthyDotCom NewsBrief, DOS Rule on Determining Visa Ineligibility Based on Public Charge Grounds (24.Oct.2019) for an overview of the DOS public charge rule.

The U.S. Department of Homeland Security (DHS), which includes the U.S. Citizenship and Immigration Services (USCIS) and the U.S. Customs and Border Protection (CBP), will implement its new public charge rule on February 24th. The DOS asserts that emergency processing of the DS-5540 is necessary in order for the public charge rule used by the DOS at embassies and consulates to be consistent with the public charge rules applied by the DHS.


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