November 24, 2025
Recent media reports have highlighted a newly surfaced State Department cable that appears to significantly broaden how U.S. consular officers can apply the “public charge” grounds of inadmissibility. Because this guidance may affect visa applicants across categories—from tourists to highly skilled workers—many employers and foreign nationals are understandably concerned. Below, we break down what this development means, how it differs from prior policy shifts, and what steps applicants can take to prepare.
Context: The Public Charge Rule and Its Long History
The concept that certain immigrants may be inadmissible to the United States as “likely to become a public charge” has existed since 1882. While many families share stories about ancestors arriving with very little, immigration officers historically have had authority to deny entry to those believed unable to financially support themselves. That framework continues today: immigrant visa applicants who cannot demonstrate long-term financial self-sufficiency may be denied under INA 212(a)(4).
In 2019 and 2020, the government attempted to broaden the definition of “public charge.” While those rules were ultimately rolled back, the intent was clear—expand officer discretion to deny applications based on the perceived likelihood of an applicant relying on U.S. government benefits.
What’s New About This State Department Cable
Unlike the 2019–2020 rules, which applied largely to USCIS adjudications inside the United States, this new guidance targets U.S. Consulates abroad. The cable instructs consular officers to evaluate an applicant’s financial self-sufficiency through a wide lens—including the health status of the applicant and their family members. Reports indicate that conditions such as obesity and other common health issues may be considered as factors weighing against visa issuance.
Most concerning is the level of discretion granted. Officers may deny any type of visa—tourist (B), student (F/J), work visas (H-1B, L-1, O-1, E-2), and immigrant visas—based not on concrete evidence but on perceived likelihood or speculation that the applicant could, at some point, require public assistance.
Because officer discretion can vary widely post by post and officer by officer, the risk of inconsistent or overly subjective decisions increases.
Why Consular Guidance Matters More: The Issue of Reviewability
For applicants applying inside the U.S., a USCIS denial can typically be challenged through:
- An appeal to the Administrative Appeals Office,
- A motion to reopen or reconsider, or
- Review before an Immigration Judge.
Consular decisions, however, are governed by the doctrine of consular nonreviewability. Under this principle, a consular officer’s denial generally cannot be appealed in court as long as it is “facially legitimate and bona fide.” In practice, this is an extremely broad standard. Only decisions involving bad faith, lack of any supporting evidence, or clear violation of State Department regulations have even a small chance of review.
This means that under the new guidance, an officer’s broad discretion—combined with the inability to appeal—creates a uniquely high-risk environment for applicants.
How This Impacts Employment-Based Applicants
Employment-based applicants start from a relatively strong position. Many already have:
- Employer-sponsored health insurance,
- Stable job offers, and
- Mandatory medical exams (for immigrant visa applicants).
These factors can help demonstrate financial stability. However, the expanded scrutiny of health conditions and family circumstances means employers and applicants may benefit from assembling a more robust set of supporting documents before attending consular interviews.
What Employers and Applicants Can Do Now
Given the heightened discretion and lack of meaningful review options, preparation is more important than ever. Steps to consider include:
- Strengthen evidence of financial support, such as employment letters, salary documentation, and proof of health insurance coverage.
- Prepare additional medical or wellness documentation, if applicable, to address potential officer concerns.
- Provide detailed support statements from petitioners or sponsors, particularly for family-based or humanitarian categories.
- Ensure all forms and supporting evidence are consistent, complete, and tailored to the applicant’s circumstances.
Our firm is available to help applicants and employers prepare customized documentation packages and interview preparation strategies in light of this policy shift.
Conclusion
The newly surfaced State Department guidance marks a meaningful change in the way consular officers may evaluate visa applicants under the public charge standard. By widening the scope of discretion and explicitly considering health-related factors—including common conditions such as obesity—the policy increases uncertainty for applicants, especially given the virtually unreviewable nature of consular decisions.
If you have concerns about how this may affect your employees or your own visa plans, our team is here to help. We can review your specific case, advise on risk factors, and develop a strong evidentiary record to support your application.