WHAT’S HAPPENING
On Friday, October 4th, 2019, President Trump issued a Presidential Proclamation titled “Presidential Proclamation on the Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System”, which is scheduled to take effect at 12:01 am on Sunday, November 3, 2019, and which requires all individuals applying for immigrant visas (e.g., green cards) at U.S. consular posts outside the United States to be able to demonstrate they will have unsubsidized health insurance within 30 days of entry to the United States or that they have sufficient financial resources to pay for their reasonably foreseeable medical expenses.
WHAT THIS MEANS
Effective at 12:01 am on Sunday, November 3rd, 2019, applicants for immigrant visas must present documentation that proves that, within 30 days of entry, they will be eligible for one of the following types of acceptable health plans or that they will the necessary financial resources to pay for reasonably foreseeable medical expenses:
An employer-sponsored health plan;
A family member’s plan;
An unsubsidized individual plan obtained on a state market;
Medicare;
A catastrophic plan;
A short-term or visitor plan; or
Any other health plan that provides adequate coverage for medical care as determined by the Secretary of Health and Human Services.
The Proclamation is clear that subsidized health insurance obtained through the Affordable Care Act (“Obamacare”) exchanges will not be considered an acceptable form of health insurance.
WHO THIS IMPACTS
The new requirement applies only to immigrant visa applicants at a U.S. consulate abroad, including employment-based, family-based and Diversity Visa immigrant visa applications.
The following immigrant visa applicants, however, are exempt from the Proclamation’s health insurance requirements:
Foreign nationals holding an immigrant visa issued before the Proclamation’s effective date;
Iraqi or Afghan translators and interpreters, as well as Iraqis and Afghans who worked for or on behalf of the U.S. government;
Most unmarried children of U.S. citizens who are under the age of 21, including orphaned children adopted abroad and orphaned children to be adopted in the United States;
Parents of U.S. citizens who are 21 or older, provided that the adult child can demonstrate that the parent’s healthcare needs will not pose a substantial burden on the U.S. healthcare system;
Children under the age of 18 unless they are accompanying a parent who is subject to the proclamation;
Returning residents;
Foreign nationals whose entry would further U.S. law enforcement endeavors; and
Any foreign national whose entry would be in the national interest.
It is important to note that the proclamation does NOT apply to applicants for nonimmigrant visas (e.g., H-1B, B1/B2, O-1, L-1) nor does it apply to individuals applying for adjustment of status from within the United States.
THINGS TO KEEP IN MIND
The proclamation does not provide details about how consular officers will determine whether an immigrant visa applicant has the means to pay for reasonable foreseeable health care costs. However, the DOS is expected to issue implementation guidelines outlining adjudication standards and identifying acceptable forms of evidence prior to the November 3rd effective date.
D&S is continuing to monitor the situation closely and will provide updates as they become available.
This alert is for informational purposes only and does not constitute legal advice and should not be considered a substitute for consultation with immigration counsel.
UPDATE: As of November 26, 2019, the implementation of this proclamation was blocked by Federal Court injunction and the administration will be prohibited from enforcing this new health insurance requirement until the court resolves the case on the merits or otherwise.