The Department seeks to better ensure that aliens subject to the public charge inadmissibility ground are self-sufficient and will not rely on public resources to meet their needs, but rather, will rely on their own capabilities, as well as the resources of sponsors. Through the DS-5540, the Department will collect information in a standardized format regarding applicantsâ ability to financially support themselves following entry into the United States, without depending on government assistance. Fields primarily pertain to the applicantâs health, family status, assets, resources, financial status, education, skills, health insurance coverage, and tax history. The DS-5540 would also require applicants to provide information on whether they have received certain specified public benefits from a U.S. Federal, state, local or tribal government entity on or after October 15, 2019.
Pursuant to 5 CFR 1320.13, the Department of State (âDepartmentâ) requests OMB emergency processing of a new collection of information from certain immigrant, nonimmigrant, and diversity visa applicants. Related and supporting materials are included along with this request.
On October 10, 2018, the Department of Homeland Security (âDHSâ) published a notice of proposed rulemaking (âNPRMâ) entitled âInadmissibility on Public Charge Groundsâ which prescribes how DHS determines whether an alien is inadmissible to the United States under section 212(a)(4) of the Immigration and Nationality Act (âINAâ), 8 U.S.C. § 1182(a)(4). DHS issued its Final Rule on August 14, 2019. In its rule, DHS also notifies the public that it intends to start collecting information from aliens subject to public charge who are applying for immigration benefits regarding whether they are more likely than not to become a public charge at any time in the future. The Department then promulgated an interim final rule on October 24, 2019 (84 FR 54996), that establishes standards for consular officers to use in adjudicating the public charge ground of inadmissibility for visa applications. The Departmentâs interim final rule added certain definitions, including definitions of public charge, public benefit, alienâs household, and receipt of public benefit. The interim final rule reflects the Department's interpretation of the pertinent section of the INA as it applies to visa applicants but also seeks to mitigate against the possibility that consular officers would issue a visa to an individual who DHS would find inadmissible based on the same facts and deny entry to the United States. In the interim final rule, the Department noted that it would separately seek approval of a new form, the DS-5540, Public Charge Questionnaire (âDS-5540â), as required by the Paperwork Reduction Act (PRA). On October 24, 2019, the Department published a PRA notice for the proposed DS-5540 initiating a 60-day comment period that closed on December 23, 2019 (84 FR 57142).
DHSâ rule had been subject to multiple injunctions following its publication in August. However, DHS has announced plans to implement the rule effective February 24, 2020, following the Supreme Courtâs decision on January 27, 2020 to lift those injunctions, with the exception of one remaining injunction in Illinois. Because DHS is revising its standard for determining whether an alien is likely to become a public charge, and may begin collecting certain information directly from applicants for admission to the United States and other immigration benefits to aid in this assessment, the Department plans to also require information from certain visa applicants through the use of the proposed DS-5540, Public Charge Questionnaire, in order to promote consistent application of the INA across U.S. government agencies. The Department is statutorily authorized to collect this information pursuant to INA § 212(a)(4), 8 U.S.C. § 1182(a)(4), and INA § 222(a), 8 U.S.C. § 1202(a).
DHS has proposed the new I-944 form, the Declaration of Self-Sufficiency, to facilitate its public charge inadmissibility determinations by collecting certain information on a variety of statutorily-required factors, including: age,;health; family status; assets, resources, and financial status; and education and skills. The Department has proposed a similar form through which consular officers will collect information from visa applicants. The Department does not currently collect this information from visa applicants in writing in any uniform, consistent, or comprehensive manner, although pertinent questions may be asked by a consular officer in a visa interview. While the Department does receive some financial information related to sponsors of visa applicants through the Affidavit of Support, I-864, the DS-5540 collects information from principal visa applicants themselves.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Form DS-5540 Public Charge Questionnaire
11035_PublishedFR_02-12-2020.pdf
DS-5540 Legal Authorities.docx
Public Charge Questionnaire