This FAQ summarizes the key points from a cable reportedly issued by the U.S. Department of State (DOS) around November 6, 2025 (the Cable). The Cable directs visa officers on how they should interpret section 212(a)(4) of the Immigration and Nationality Act, which contains the public charge ground of inadmissibility. Public charge is a term in U.S. immigration law that refers to a person who is likely to become primarily dependent on the U.S. government for financial support.
1. What visa types will be impacted by this guidance?
Almost all non-immigrant (NIV) and immigrant visa (IV) categories are affected, including B-1/B-2, F-1, H-1B, L-1, O-1, P-1 and others. For immigrant visas, public charge review is always mandatory.
2. How does this rule affect my visa interview?
Officers must assess whether you might rely on cash assistance, long-term care, or publicly funded services in the U.S. They evaluate your financial stability, health, skills, English ability, age, dependents, ties to your home country, and past use of benefits.
3. Why are many applicants refused under section 214(b)?
Section 214(b) presumes that every NIV applicant is an intending immigrant unless they prove otherwise. The updated guidance encourages officers to apply this section more broadly, not only for immigrant intent but also when applicants fail to demonstrate financial stability or self-sufficiency.
4. Does this apply to both NIV and IV applicants?
Yes. NIV applicants may be refused under 214(b) or public charge concerns, while IV applicants undergo an even deeper review of finances, long-term plans, and support structures.
5. If I used public benefits outside the U.S., does it count?
Possibly. Officers may consider welfare use whether it occurred inside or outside the United States.
6. What documents might a consular officer ask for?
Expect requests for financial, professional, or medical documentation such as bank statements, property records, employment letters, salary slips, travel or medical insurance, and educational or professional credentials. Applicants with chronic conditions should also bring a short medical summary confirming diagnosis, stability, treatment plan, availability of medication at home, and that no emergency U.S. care is required.
7. What if I have health issues or chronic conditions?
Chronic health issues do not automatically lead to denial, but officers will assess whether you can cover medical expenses and maintain independence during your stay.
Conditions often scrutinized include diabetes, hypertension, asthma/COPD, heart disease, kidney disease, neurological disorders such as epilepsy, cancer (past or present), mobility impairments, and mental health conditions requiring long-term medication.
8. How do my age, family responsibilities, and financial situation affect my case?
Officers look at whether your age affects employability or may lead to future medical needs. They also review your income, savings, insurance, and ability to support yourself including any dependents traveling with you to determine whether you can remain self-sufficient without relying on government assistance.
9. How do professional skills, licenses, and employment prospects factor into the decision?
Officers assess whether your qualifications are relevant and realistically usable in the U.S. If your planned work requires licensing, they may consider whether obtaining it is feasible.
10. How does past use of cash benefits affect my case?
Past reliance on welfare or long-term care can raise concerns about future dependence, especially if financial stability has not improved.
11. How does the Affidavit of Support (I-864) impact my IV case?
The I-864 is required for most IV applicants but does not guarantee approval. Officers still review all circumstances, including the sponsors ability to support you.
12. What should I expect during my visa interview?
Expect questions about your finances, insurance, assets, travel plans, benefit history, and employment prospects. Officers may also ask about chronic conditions or long-term medical needs as part of the updated public charge review. Consistency across forms and answers is critical.
13. I am applying for a B-2 visa and take hypertension medication. Will this impact my visa?
You do not need to volunteer medical details, but officers may still consider chronic conditions because U.S. healthcare is extremely expensive. Be prepared to demonstrate financial readiness.
14. If I have a health condition, is travel insurance enough?
Travel insurance helps show preparedness but does not guarantee approval. Officers assess the total financial and personal circumstances of each applicant.
Conclusion: Because the DOS guidance introduces a broader and more subjective public charge review, applicants could benefit from legal assistance if you are concerned about some health issues. It is also essential to follow DOS updates to monitor clarifications or policy changes.