Under the administration of President Donald Trump, immigration has been an ongoing focus. The policies and procedures that are followed in immigration cases have changed regularly, affecting decisions about who may enter or remain in the United States and under what circumstances. One area that has drawn significant attention is the concept of “public charge,” which focuses on whether an immigrant is likely to rely on government assistance after resettling in the United States. When public charge concerns arise, they may affect a person’s eligibility for a visa, their ability to become a Lawful Permanent Resident, or their admissibility at the border.
On January 21, 2026, the U.S. Department of State placed an indefinite pause on issuing immigrant visas to people from 75 countries. The reason given for this pause was that immigrants from these countries are at a high risk of becoming a public charge. While the pause is in effect, people from the listed countries will be unable to receive visas. The countries include Afghanistan, Pakistan, Iraq, Iran, Syria, Egypt, Brazil, Colombia, Cuba, Nigeria, and Russia. During the pause, the State Department will review policies and regulations to determine what steps may be taken to ensure that immigrants from these countries will not be a public charge after the pause is lifted.
As discussions about public charge concerns continue, this may be an issue that will be addressed when immigrants apply for visas or take steps to obtain Green Cards. Understanding how public charge determinations work and how family or employer sponsorship may factor into these decisions can help clarify this aspect of immigration law.
What Is Meant by “Public Charge”
In immigration law, a public charge generally refers to a person who is considered likely to become dependent on government assistance to meet their basic living needs. When performing public charge determinations, immigration officials may assess whether a person is likely to rely on certain forms of government support. The types of benefits that may be associated with public charge concerns include welfare payments or government-funded healthcare.
Reasons a Person May Be Found Inadmissible on Public Charge Grounds
An immigrant may be deemed inadmissible if immigration officials determine that they are likely to depend on government assistance after entering the United States. Several considerations may be reviewed, including a person’s age, health, education, skills, financial resources, and employment history. For example, a person with limited income, few assets, and no clear means of support may face closer scrutiny than someone who has maintained steady employment and has financial backing from a family member or employer.
Health can also be a factor, particularly if a person has a medical condition that could interfere with their ability to work, and there is no clear plan for covering medical costs. Similarly, a lack of education or job skills may be considered if these issues could affect a person’s ability to maintain employment.
Determinations related to public charge may be based on whether the available information suggests that a person may be likely to be dependent on government aid in the future. Assessments can be subjective, and the decisions made in these cases can vary depending on the specific facts of a person’s situation and the policies followed by the U.S. government when a person’s case is being reviewed.
How Family Sponsorship May Address Public Charge Concerns
Family-sponsored immigration is one of the primary ways people may apply for entry to the United States. In these cases, public charge concerns may be addressed through financial sponsorship.
A qualifying family member who files a visa petition on behalf of an immigrant will be required to submit an affidavit of support. This document is a legally binding commitment, and it will state that the sponsor has sufficient income or assets to support the immigrant if necessary. By submitting this affidavit, the sponsor agrees to help ensure that the immigrant will not become dependent on government benefits.
The sponsor’s income level, employment stability, and household size may be reviewed during the visa application process. When the sponsor meets or exceeds the required financial thresholds, this may demonstrate that the immigrant will have a reliable means of support, reducing potential concerns about the need for public assistance in the future.
Employer Sponsorship and Public Charge Considerations
Employment-based visas also play a role in addressing public charge concerns. When an employer sponsors a foreign worker for immigration, the job offer itself can serve as evidence that the person is unlikely to become a public charge.
A valid offer of employment, particularly in a field with steady demand, may show that an immigrant will have ongoing income and be able to maintain financial independence. Employer-sponsored visas often require proof that a position is legitimate and that the wages a person will receive meet certain standards. This can support the argument that the worker will be self-sufficient.
In some cases, employer sponsorship may include additional assurances, such as long-term contracts or evidence of the employer’s financial stability. These factors can alleviate public charge concerns and demonstrate that an immigrant will be able to support themselves in the future.
Weighing the Totality of the Circumstances
In cases involving family or employer sponsorship, public charge determinations will typically be based on a broad review of a person’s situation. In most cases, there will not be a single factor that will automatically result in inadmissibility on the basis of public charge. Instead, immigration officials may weigh positive and negative elements to determine the likelihood that a person would need government benefits in the future or whether they will be able to meet their own financial needs.
Strong financial sponsorship, educational achievements, job skills, and financial assets may all count as positive factors in public charge determinations. However, if a person has a limited income, a lack of support from a sponsor, or significant health challenges that may require ongoing treatment, and they do not have a clear plan for being able to support themselves, these may be viewed as negative factors. The final decisions may be based on all of a person’s circumstances.
Legal Help With Inadmissibility Issues
Concerns related to public charge and inadmissibility may affect a wide variety of immigration cases. Changes to government policies, such as the visa pause that the Trump administration has put in place, have shown how public charge issues can affect many people who are seeking to resettle in the United States. Immigrants who are planning to apply for visas, family members or employers who are planning to provide sponsorship for immigrants, and people who have already begun the visa application process may want to consult with an immigration attorney to gain a better understanding of their legal options and the steps they can take to increase their chances of success.
