EVIDENCE WHICH MAY BE PRESENTED TO MEET THE PUBLIC CHARGE PROVISIONS OF THE LAW GENERAL The Immigration and Nationality Act requires an applicant for a visa to establish to the satisfaction of the consular
officer at the time of application for a visa, and also to the satisfaction of the United States immigration official at the
time of application for admission to the United States, that he or she is not likely at any time to become a public
charge.
An applicant for an immigrant visa may generally satisfy this requirement of the law by the presentation of
documentary evidence establishing that:
1.
The applicant has, or will have, in the United States personal funds sufficient to provide support for
the applicant and dependent family members, or sufficient to provide support until suitable employment is located;
2.
The applicant has arranged employment in the United States that will provide an adequate income for
the applicant and dependent family members;
3.
Relatives or friends in the United States will assure the applicant’s support; or
4.
A combination of the above circumstances exists.
APPLICANT’S OWN FUNDS An applicant who expects to be able to meet the public charge provisions of the law through personal financial
resources may submit to the consular officer evidence of funds or income from one or more of the following sources:
1.
Statement from a senior officer of a bank showing present balance of applicant’s account, date
account was opened, the number and amount of deposits and withdrawals during the past 12 months, and the average
balance during the year (if there have been recent unusually large deposits, an explanation should be given);
2.
Proof of ownership of property or real estate, in the form of a title, deed or the equivalent, and a letter
from a lawyer, banker or responsible real estate agent showing its present value (any mortgages or loans against the
property must be stated);
3.
Letter or letters verifying ownership of stocks and bonds, with present market value or expected
earning indicated;
4.
Proof of income from business investments or other sources.
If the financial resources are derived from a source outside the United States, a statement as to how the funds or
income are to be transferred to the U.S. must be provided.
EMPLOYMENT An applicant relying on an offer of prearranged employment to meet the public charge provisions of the law should
have the prospective employer submit a notarized letter of employment on the letterhead stationery of the employing
business. The letter should:
1.
Contain a definite offer of employment;
2.
Give a description of the job offered to the alien and an explanation of skills, which qualify alien for
the position;
3.
State the rate of compensation to be paid and, if pertinent, additional information detailing other
benefits to be included in lieu of cash payment;
4.
Specify the location, type, and duration (whether seasonal, temporary, or indefinite) of the
employment offered; and
5.
Specify whether the employment will be immediately available upon the applicant’s arrival in the
United States.