Skip to content

EB AOS Public Charge Appendix Table

Updated: Author: Alina Kanametova

Reference Guides 2 pages Anonymized Access on request

A table of how INA 212(a)(4), INA 213A and Form I-864 apply to employment-based adjustment of status, and who is exempt from public charge.

Petition After filing

About this document

An appendix table on how INA 212(a)(4), INA 213A, and Form I-864 apply to employment-based adjustment of status cases. It breaks the rules down by preference category, stating when applicants are generally subject to public charge and when they are exempt. It also notes special carve-outs for certain relatives, ownership interests, and categories exempt under INA 212(a)(4)(E).

Key points

  • First preference cases are generally subject to INA 212(a)(4), but are exempt if filed by a qualifying relative or an entity linked to that relative's 5%+ ownership.
  • Second preference cases are generally subject to INA 212(a)(4), with the same qualifying-relative and 5% ownership exemption.
  • Third preference cases are generally subject to INA 212(a)(4), with the same qualifying-relative and 5% ownership exemption.
  • Fifth preference investor cases are subject to INA 212(a)(4), and the table marks INA 213A and Form I-864 as not applicable.
  • For qualifying-relative filings, if the applicant also falls under an INA 212(a)(4)(E) exempt category at filing and adjudication, INA 212(a)(4) does not apply.
  • The footnotes define relative as spouse, parent, child, adult son or daughter, brother, or sister.
  • The appendix lists category examples under the first, second, third, and fifth preference headings, including extraordinary ability, advanced degree, skilled worker, and EB-5 investor groups.

What is inside

  1. Applicability table by preference category
  2. First preference notes
  3. Second preference notes
  4. Third preference notes
  5. Fifth preference notes
  6. Footnotes 1-9

When it helps

Supports the public-charge and I-864 applicability part of an employment-based adjustment of status filing. It shows how the rule changes by preference category and where exemptions are stated in the appendix.

Preparing secure view...

Source: Community (anonymized). The material opens on the site. Reference material, not legal advice.

Need access beyond the daily limit?

You can open the full file right in the viewer above - up to 4 files a day once your profile is complete. Need more, or is your profile not ready yet? Request direct access and an admin will grant it.

Related materials

All library materials