Recent reports reveal that the U.S. Department of State (DOS) has issued internal guidance instructing U.S. embassies and consulates on how to evaluate whether visa applicants may be denied a visa for being a “public charge.” Although the guidance has not been officially published, an unofficial copy has circulated publicly and provides important insight into how consular officers are being told to assess visa applications.
This article explains, in plain language, what this guidance says and why it matters to individuals applying for visas at U.S. embassies and consulates abroad.
What Is the “Public Charge” Rule?
Under U.S. immigration law, a person can be denied a visa if a consular officer believes the person is likely at any time to become a “public charge”—meaning primarily dependent on the government for basic living needs.
This rule applies to:
- Immigrant visa applicants (green cards processed abroad), and
- Most nonimmigrant visa applicants (tourist, student, work, and other temporary visas)
The new DOS guidance emphasizes that consular officers must apply this rule carefully and proactively, because once someone is admitted to the U.S., removing them later is difficult and costly.
How Consular Officers Are Told to Apply the Rule
No Single Test—Everything Is Considered Together
The guidance makes clear that there is no bright-line rule for determining public charge. Instead, officers must look at the “totality of the circumstances.” This means reviewing all relevant aspects of the applicant’s life, not just one factor. The applicant always bears the burden of proof. In other words, the applicant must convince the officer that they will not become a public charge.
Key Factors Officers Are Instructed to Examine
1. Age
Officers are told to consider whether the applicant is:
- Very young (and dependent on others), or
- Near or past retirement age
For older applicants, officers are instructed to consider whether the person can realistically work long enough in the U.S. to support themselves, save for retirement, and avoid needing government assistance later in life.
2. Health
Health plays a significant role in this guidance. Officers are instructed to closely examine:
- Chronic illnesses (such as diabetes, heart disease, cancer, respiratory conditions)
- Mental health conditions
- Any condition that could limit the applicant’s ability to work or require expensive long-term care
The guidance specifically warns officers that long-term medical or nursing care can cost hundreds of thousands of dollars per year, and applicants must show how such care would be paid for without relying on government assistance.
Even conditions not classified as serious in medical exams—such as obesity—are mentioned as potentially relevant if they increase future health risks.
3. Family Status
Officers are instructed to evaluate:
- The number of dependents
- Whether the applicant is the sole provider
- Whether dependents have special medical or financial needs
Applicants with large families or dependents who require care may face greater scrutiny.
4. Financial Resources and Assets
Applicants must show they have real, usable financial resources, such as:
- Savings and bank accounts
- Investments or retirement funds
- Insurance coverage
Officers are told to question whether assets are:
- Liquid
- Actually available for use in the U.S.
- Sufficient to last over the applicant’s expected lifetime
Applicants may be asked to provide extensive documentation, and officers may verify financial records directly with banks or institutions.
5. Education, Skills, and English Ability
The guidance places strong emphasis on employability. Officers are instructed to consider:
- Education and work history
- Whether foreign credentials are usable in the U.S.
- English language proficiency
Applicants with limited English skills must show a realistic plan for learning English and supporting themselves during that time. Officers are encouraged to assess English ability directly during the visa interview.
6. Past or Current Use of Assistance
While the legal definition of public charge focuses on cash assistance or long-term institutional care, the guidance goes further. Officers are instructed to consider:
- Any past receipt of public cash assistance anywhere in the world
- Use of housing assistance, food assistance, medical aid, or even private charity
Even though these benefits may not legally count as “public charge,” officers are told they may indicate future dependence when considered as part of the overall picture.
The Affidavit of Support: Necessary but Not Enough
For many family-based immigrants, a Form I-864 Affidavit of Support is required. The guidance states:
- A sufficient affidavit is mandatory, but
- It is not enough by itself
Consular officers are instructed to closely examine:
- The sponsor’s income stability
- The sponsor’s credibility
- The relationship between sponsor and applicant
- Whether the sponsor has used public benefits themselves
Even with a qualified sponsor, a visa can still be denied if the officer believes the applicant may become a public charge in the future.
Special Note for Diversity Visa Applicants
Diversity Visa (DV) applicants cannot rely on affidavits of support. Officers are instructed to give no weight to financial support letters and must rely entirely on the applicant’s own circumstances.
Why This Guidance Matters
Although unofficial, this DOS guidance signals a more aggressive and expansive approach to public charge determinations at U.S. consulates. It encourages officers to:
- Look far into the future
- Scrutinize health and finances closely
- Consider factors beyond what many applicants expect
For visa applicants abroad, this means preparation is more important than ever. Medical history, financial documentation, education, language skills, and credible plans for self-support all matter.
Final Thoughts
Visa applicants should understand that consular officers have broad discretion, and public charge decisions are often subjective. Even applicants with sponsors, jobs lined up, or family support may face difficult questions.
Anyone applying for a visa abroad—especially family-based immigrants, older applicants, or those with medical conditions—should seek legal guidance before the interview to prepare a clear, well-documented case.
