Forthcoming "Final Rule" of Inadmissibility on Public Charge Ground

[tacobell fan]

07/25/2019: Forthcoming "Final Rule" of Inadmissibility on Public Charge Ground

• DHS intends to expand and reinforce a rule against immigrant status applicants and nonimmigrant applicants, including I-129 employment-based foreign workers, denial of applications based on the ground of their inadmissibility on public charge ground. On October 10, 2018, the DHS published "proposed rule" and after reviewing the comments which they had received, it submitted the "final rule" on 07/12/2019 to the OMB for approval, which is "enforceable." DHS not only intends to enforce this rule, but also schedule to expand the grounds of inadmissibility by expanding the areas of public benefits which immigrants or nonimmigrants receive, including SSI benefits and other benefits from the government. Readers should watch out whether the expansion will include food stamps, public housing, medicaid, etc. The admssibility will be applied when immigrant or nonimmigrant benefits extension or change of status are filed.
• It appears that the government intends to expedite the process of final rule making for this and publish it as soon as possible. The OMB record reflects and in July 2019, OMB scheduled a series of meetings with the stakeholders and consumers. Additionally,the rule-making schedule for this file rule indicates that they complete the process in September 2019. Please beware!

[r2d2]

Definition of Public Charge

In determining inadmissibility, USCIS defines “public charge”as an individual who is likely to become “primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance, or institutionalization for long-term care at government expense.” See “Field Guidance on Deportability and Inadmissibility on Public Charge Grounds,” 64 FR 28689 (May 26, 1999). In determining whether an alien meets this definition for public charge inadmissibility, a number of factors are considered, including age, health, family status, assets, resources, financial status, education, and skills. No single factor, other than the lack of an affidavit of support, if required, will determine whether an individual is a public charge.

 

I'm confused how it applies to H1B..

[tacobell fan]

14 minutes ago, r2d2 said:

I'm confused how it applies to H1B

This is for those who want to become US Permanent Resident or Citizen