The evaluation of U.S. visas, including immigration visas such as the Green Card, will consider an applicant’s age and health status, with officials set to deny or reject those who, due to such conditions, may become dependent on the government.
A report by KFF Health News, a recognized health information agency, states that the State Department issued a directive for officers reviewing visa applications to assess specific conditions that could lead to denial: medical conditions, obesity, or diabetes.
The directive was sent to officials at embassies and consulates, where tourist and business visas are processed, as well as some applications for Legal Permanent Residency or Green Cards, among other entry and stay permits in the United States.
“[Officials are instructed] to declare applicants ‘ineligible’ to enter the United States for new reasons, including age or the likelihood that they would depend on public benefits,” the KFF report states.
There is particular mention of those who may become a “public charge”, meaning individuals who apply for social assistance that would represent costs to the federal government due to their health or age.
This new directive aligns with a decision made by President Donald Trump during his first term, when he attempted to implement a Public Charge Rule, which was later suspended and then canceled by the administration of President Joe Biden.
The new order expands some of the conditions specified in the rule from Trump’s first administration.
“While the assessment of potential immigrants’ health has been part of the visa application process for years […] experts said the new guidelines significantly broaden the list of medical conditions to consider,” KFF confirms. “And they give officers more power to make immigration decisions based on the applicant’s health.”
What About the New Public Charge Rule?
The State Department’s directive is separate from the public charge rule—though they may be unified in the future—which is currently under review by the Department of Homeland Security (DHS). DHS submitted a proposed regulation to the Office of Management and Budget (OMB), this newspaper confirmed.
The exact content of the new proposal is unknown, but considering the new directive to embassies and consulates, grounds for inadmissibility of immigrants could be stricter than those issued in 2019, when the types of public benefits whose acceptance could negatively affect a Green Card applicant were expanded. It also required detailed financial information and documentation from all applicants, along with new requirements for some non-immigrants.
Once the OMB completes its review, DHS must publish it in the Federal Register to receive public comments for at least 60 days, after which a new document will be issued.
The previous rule was implemented for a short period due to legal challenges from organizations defending immigrants’ rights, though Republicans attempted to reinstate it in 2023, which the Supreme Court rejected.
Currently, U.S. Citizenship and Immigration Services (USCIS) officers may consider long-term applications for social assistance, including Medicaid or food stamps, as a factor in determining whether an immigrant should obtain a Green Card.
USCIS has also made changes for immigrant sponsors, meaning those who assume financial responsibility for individuals seeking stay protections.
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