Table 1

Benefits Which Determine Public Charge6

New definition of public chargeA noncitizen who receives 1 or more public benefits for more than 12 months in the aggregate within any 36-month period (receipt of 2 public benefits in 1 month counts as 2 months)
Public benefits that may be considered for public charge purposesPrevious rule: Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), federally funded long-term care
New rule: all of the above, and:
• Federal, state, or local cash benefit programs for income maintenance
• Non-emergency Medicaid for non-pregnant adults >21 years
• SNAP (Federally funded nutritional assistance) [WIC is not included in the rule]
• Section 8 Housing Assistance under the Housing Choice Voucher Program or Section 8 Project-Based Rental Assistance
• Subsidized public housing
Consideration of use of public benefits in a public charge determination• If someone has applied, been approved for, or received public benefits
• Will not consider benefits received by or applied for on behalf of other family members (for instance, food assistance for citizen children)
• Will not consider benefits received by active duty or reserve service members and their families
• Will not consider benefits received by an individual during periods in which the individual was present in an immigration category that is exempt from a public charge determination
• Will not consider benefits received by foreign-born children of US-citizen parents who will be automatically eligible to become citizens
Heavily weighted negative factors• Has received 1 or more public benefits for more than 12 months in the aggregate within the prior 36 months
• Not a full-time student, is authorized to work but is unable to demonstrate employment, recent employment, or a reasonable prospect of future employment
• Has a medical condition that requires extensive treatment or institutionalization and is uninsured and does not have sufficient resources to pay for medical costs related to the condition
• Previously found inadmissible or deportable on public charge grounds
Heavily weighted positive factors• Household has financial assets/resources of at least 250% of the Federal Poverty Level (FPL)
• Authorized to work or employed with an income of at least 250% of the Federal Poverty Level
• Individual has private insurance that is not subsidized by Affordable Care Act tax credits