Status as of September 18, 2026. The State Department published a 60-day notice on September 18, 2026 proposing a new form, DS-864E, for immigrant visa applicants who are exempt from the affidavit of support requirement and must say so. Comments are open through November 17, 2026 under docket DOS-2026-0960. The form is not yet approved or in use: the notice opens the 60-day public-comment stage that precedes submission to the Office of Management and Budget, and the Department gives no date for approval or implementation.
Not every intending immigrant needs a sponsor to sign an affidavit of support, but some of those who are exempt have to claim the exemption in writing. The form that did that job, DHS Form I-864W, was discontinued in 2024, and applicants going through a U.S. consulate were left without a replacement. Form DS-864E is the State Department's answer. This page sets out what the form would collect, who has to claim an exemption in the first place, why the gap opened, and what happens between now and approval.
Contents
What the notice actually does
It opens a comment period, nothing more. Under the Paperwork Reduction Act, a federal agency must give public notice before it asks the Office of Management and Budget to approve a new information collection. The State Department published that 60-day notice on September 18, 2026 as Public Notice 13122, docketed as DOS-2026-0960, for a new collection titled Request for Exemption From Immigrant Visa Applicant's Affidavit of Support.
The collection is listed as new, under OMB control number 1405-XXXX, and originates with the Visa Office of the Bureau of Consular Affairs. The Department estimates 24,000 respondents and 24,000 responses a year, one hour of burden each, 24,000 hours in total. A response would be required to obtain or retain a benefit, and each respondent would file once per application.
Who has to claim an exemption
Most family-sponsored immigrants, and employment-based immigrants whose petitioning employer is a relative or an entity in which a relative holds a significant interest, need a sponsor to execute an affidavit of support under section 213A of the Immigration and Nationality Act, 8 U.S.C. 1183a. Some intending immigrants are outside that requirement. Of those, the regulation at 8 CFR 213a.2(a)(1)(i)(B) singles out three situations in which the exemption does not apply automatically and must be requested by the immigrant:
the intending immigrant has already earned, or can be credited with, 40 qualifying quarters of work under the Social Security Act;
the intending immigrant is a child who will acquire U.S. citizenship under INA 320 on admission as a permanent resident;
the intending immigrant is a self-petitioner — a widow or widower of a U.S. citizen, or a self-petitioning spouse or child under the Violence Against Women Act — or a derivative accompanying or following to join such a self-petitioner.
The Federal Register notice itself does not list these categories; they come from the regulation the notice cites. A reader who believes one of them applies is looking at a legal question about their own case, which is worth putting to a licensed immigration attorney rather than deciding from a form.
What the form would collect
Per the notice, DS-864E would gather the immigrant's identifying information such as name and address, the stated reason for the exemption, and documentation supporting the claim that Form I-864 or I-864EZ is not required. The Department describes it as the applicant's affirmative request for the exemption under 8 CFR 213a.2(a)(1)(i)(B).
The notice states the form would be available electronically on travel.state.gov, could be completed online, and would have to be submitted as directed by the National Visa Center or by a consular officer abroad.
Why the gap opened
The affidavit of support is not paperwork in the ordinary sense. It is a contract with the U.S. government, enforceable in federal or state court: if the sponsored immigrant receives means-tested public benefits and the sponsor does not reimburse the agency that provided them, the agency can sue the sponsor. Claiming an exemption from it, correctly and on the record, therefore matters to both sides.
Form I-864W was the mechanism for making that claim. The Office of Information and Regulatory Affairs approved its discontinuation on October 17, 2024; USCIS then moved the request inside its own form, so that an adjustment of status applicant checks a box on Form I-485 instead, and the form was removed from the USCIS website in February 2025. That works for people adjusting status inside the United States. It does nothing for people applying for an immigrant visa at a consulate, who never file an I-485 and who deal with the National Visa Center rather than USCIS.
The form had been removed once before, on February 24, 2020, and reinstated on March 19, 2021. Looking back on that period, the Catholic Legal Immigration Network reported that consular applicants received varying and conflicting instructions on how to claim an exemption, often had to explain it individually to the NVC, and in many cases did not learn that an exemption existed at all. DS-864E is the State Department building its own channel rather than relying on a DHS form it does not control.
How to comment
Comments are accepted through November 17, 2026 in three ways: through Regulations.gov under docket DOS-2026-0960; by email to the Visa Office; or by mail to the Senior Regulatory Coordinator, Visa Services, Department of State, 600 19th St. NW, Washington, DC 20006.
The Department asks commenters to address whether the collection is necessary for its functions, whether the time and cost estimates are accurate, whether the information collected is clear, and how the reporting burden could be reduced, including through automated collection. Comments become part of the public record, and personal information included in a submission is published with it.
What applies while the form is pending
Question | Position as of September 18, 2026 |
|---|---|
Is DS-864E in use? | No. The collection is at the proposal stage and has not gone to OMB |
Is Form I-864W available? | No. It was discontinued and removed from uscis.gov |
How do consular applicants claim the exemption now? | There is no separate approved exemption form. Procedures differ by exemption: applicants claiming 40 qualifying quarters may self-identify by checking a box in the CEAC portal and must submit an SSA earnings and benefits statement; others follow the instructions given by the NVC or the post |
What about adjustment of status applicants? | They request the exemption on Form I-485 itself; DS-864E is a State Department form and does not change that |
Does any of this change who is exempt? | No. The exemption categories are set by statute and regulation; a form is only the way to claim one |
Frequently asked questions
Can I file DS-864E now?
No. The form is not yet approved or in use. The September 18 notice opens the 60-day comment stage that precedes submission to OMB, and the Department gives no date for approval or implementation.
Does this form decide whether I am exempt?
No. It is the vehicle for making the claim and attaching evidence. Whether an exemption applies is determined by INA 213A and 8 CFR 213a.2. The NVC may review the exemption documentation during case processing, but the consular officer makes the visa eligibility determination.
Why was Form I-864W discontinued?
USCIS folded the exemption request into Form I-485, so applicants adjusting status inside the United States check a box rather than file a separate form. The form was then removed from uscis.gov.
Does the affidavit of support have anything to do with public charge?
Yes, but the two requirements are not identical. For immigrants subject to INA 212(a)(4)(C) or (D), a qualifying Form I-864 is a statutory part of satisfying the public charge requirements. Exemption from Form I-864 does not necessarily mean exemption from the public charge ground itself: a child who will acquire citizenship under INA 320, for example, needs no affidavit yet remains subject to the public charge provisions until citizenship is acquired.
How many people would this affect?
The Department estimates 24,000 respondents a year. That is its own burden estimate for the collection, not a count of people who qualify for an exemption.
Who can comment?
Anyone, through Regulations.gov under docket DOS-2026-0960, until November 17, 2026. Submissions and the personal information in them become public.
Official sources
Source | What it covers |
|---|---|
The proposal, burden estimates, comment methods and deadline | |
When an affidavit of support is required and which exemptions must be requested | |
Consular guidance on the affidavit of support and on handling the 40-quarter exemption | |
The affidavit itself, current edition and instructions | |
National Visa Center instructions and, once approved, the form |
This material is informational and current as of September 18, 2026. It is not legal advice. Whether a particular applicant is exempt from the affidavit of support is a case-specific legal question; consult a licensed immigration attorney before relying on an exemption.