{"id":1425,"date":"2022-03-15T14:25:33","date_gmt":"2022-03-15T14:25:33","guid":{"rendered":"https:\/\/www.h1btransfersusa.com\/blog\/?p=1425"},"modified":"2022-03-15T14:25:36","modified_gmt":"2022-03-15T14:25:36","slug":"dhs-publishes-proposed-public-charge-rule","status":"publish","type":"post","link":"https:\/\/www.h1btransfersusa.com\/blog\/dhs-publishes-proposed-public-charge-rule\/","title":{"rendered":"DHS Publishes Proposed Public Charge Rule"},"content":{"rendered":"\n

The U.S. Department of Homeland Security (DHS<\/strong>) has issued a proposed rule that, if implemented, would reaffirm long-standing guidance<\/strong> applicable for determinations of whether an individual will turn into a public charge<\/strong>. In its declaration, the DHS calls the rule “fair and humane,” rather than the 2019 rule<\/strong> executed under the Trump Government.<\/p>\n\n\n\n

Background on Public Charge<\/h2>\n\n\n\n

Under U.S. immigration law<\/strong>, a foreign national who is considered likely to become a public charge is inadmissible, and subsequently will not be issued a U.S. visa<\/strong>, granted admission to the United States, or allowed to adjust status (i.e., be given a green card<\/strong> while in the U.S.). In 2019, the Trump government dramatically expanded the definition of public charge<\/strong> and implemented a more stringent rule to determine inadmissibility in connection with the receipt of benefits. Also, this resulted in a complex and burdensome system to determine whether a foreign national<\/strong> would likely be denied an immigration benefit <\/strong>based on public charge grounds. The rule was eventually blocked by several federal courts.<\/p>\n\n\n\n

Overview of Proposed Rule on \u201cPublic Charge\u201d with Examples<\/h3>\n\n\n\n

The proposed rule<\/strong> returns the definition of “public charge” to the 1999 definition. Prior to the implementation of the Trump Administration’s<\/strong> 2019 public charge rule, the DHS depended on the 1999 Interim Field Guidance on Deportability and Inadmissibility on Public Charge Grounds to define public charge<\/strong>. This guidance is defined as a person who is \u201cprimarily dependent on the government for subsistence, as shown by either the receipt of public cash assistance for income maintenance<\/strong> or institutionalization for long-term care at government expense.\u201d<\/p>\n\n\n\n

Instances of public charge under the proposed rule include the following:<\/p>\n\n\n\n