Published on November 2, 2018
The Department of Homeland Security seeks to include a Proposed Rule on Public Charge and inadmissibility. The rule would define public charge pursuant to 8 C.F.R. § 214.1(a)(3)(iv) and result in the exclusion of nonimmigrants seeking to adjust status who are “likely at any time to become a public charge” as determined by the USCIS examiner. Factors for determination include the applicant’s age, health, family status, assets, resources, financial status, education, and skills.
The new public charge rule also establishes bottom-line numerical barriers. If enacted, it would include a formulaic calculation to determine public charge likeliness through aggregating monetized benefits. The Proposed rule would also impose additional fees for applicants likely to become a public charge to prove he or she is not likely to become a public charge through submitting Form I-944. If the applicant is found likely to become a public charge, he or she can submit an annual public charge bond estimated to be around $825 with filing Form I-356, and potentially be given the opportunity to adjust status if otherwise admissible. Overall, if enacted, the rule would impose additional regulatory standards for demonstrating financial ability for adjustment of status petitions. Additionally, it would also require most nonimmigrant petitioners to demonstrate that the foreign national will not likely to become a public charge through the duration of the requested nonimmigrant status. The proposed rule would impact immigrants and nonimmigrants by economic class, and set up additional obstacles for startup and struggling businesses seeking to hire foreign talent.
Pending publication in the Federal Register, the notice of proposed rulemaking is available at https://www.dhs.gov/sites/default/files/publications/18_0921_USCIS_Proposed-Rule-Public-Charge.pdf.
Jen Chen can be reached at [email protected].
Cody Nunn can be reached at [email protected]
Joel Paget can be reached at [email protected].
Marsha Mavunkel can be reached at [email protected].
Janet Cheetham can be reached at [email protected].
Amy Royalty can be reached at [email protected].
