​After months of judicial battles against the implementation of “Trump” Public Charge Rules of August 2019, USCIS announced on March 10th , 2021 it will no longer apply the 2019 public charge rule, reinstating to the prior rule. As a result, USCIS discontinued Forms I-944, I-356, and I-945 and is currently updating Forms I-485, I-129, I-539, I-864 and I-912.  

It is important to know that public charge grounds are not being eliminated. Instead immigration, will go back to using the 1999 Public Charge text, which defines Public Charge as  “an alien who has become (for deportation purposes) or who is likely to become (for admission/adjustment purposes) ‘‘primarily dependent on the government for subsistence, as demonstrated by either (i) the receipt of public cash assistance for income maintenance or (ii) institutionalization for long-term care at government expense.’’ Institutionalization for short periods of rehabilitation does not constitute such primary dependence.”

That means, the receipt of food stamp, public housing or Medicaid, except for long-term institutionalization, will not be a factor of public charge. 

USCIS announced it will extends flexibilities to certain foreign students affected by delayed receipt notices for Form I-765, for application for Employment Authorization received on or after Oct. 1, 2020, through May 1, 2021.
This announcement of Feb 26, 2021 came as a result of  delays at certain lockboxes in issuing receipt notices for Form I-765 for optional practical training (OPT) for F-1 students mostly caused by Covid-19 restrictions.

USCIS will provide two remedies: 

14-month OPT Period Flexibilities
The delays in the lockbox caused some applicants to have a shortened period of OPT, as OPT must be completed within the 14 months period from the end of their program. To address this issue, USCIS  will allow the 14-month period to commence from the date of approval of the Form I-765 for applications for post-completion OPT.

Refiling Following Rejection
Applicants who timely filed Form I-765 for OPT and whose applications were rejected as untimely due to the lockbox delay will be able to refile Form I-765 for OPT and STEM OPT as filed on the original filing date if:

• The original, timely filed application was received on or after Oct. 1, 2020, through May 1, 2021, inclusive; and
• USCIS subsequently rejected it.

Refiled applications must be received by May 31, 2021, and they do not need a new Form I-20 with an updated OPT recommendation from the DSO, as long as they originally submitted an application for post-completion OPT within 30 days of the DSO’s recommendation or an application for STEM OPT within 60 days of the DSO’s recommendation as required by the regulations.
Applicants refiling an application should include a copy of the rejection notice to facilitate review of the case.

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