This week the Department of Homeland Security (DHS) posted an advance copy of a new proposed rule that will be published in the Federal Register in the coming days. The proposed rule is being described as a “Fair and Humane” Public Charge Rule in contrast to the 2019 Rule proposed by the Trump Administration which greatly expanded the types of public benefits that could render someone likely to become a public charge and, thus, inadmissible to the United States. Secretary of Homeland Security Alejandro N. Mayorkas described the Trump era public charge rule as “not consistent with our nation’s values” and stated that the new proposed rule would “return to the historical understanding of the term ‘public charge’ and individuals will not be penalized for choosing to access the health benefits and other supplemental government services available to them.”
Read MoreUSCIS Publishes NPRM Outlining H-1B Lottery Pre-Registration Process
WHAT’S HAPPENING
Today, the United States Citizenship and Immigration Service (USCIS) published a Notice of Proposed Rulemaking (NPRM) titled “Registration Requirement for Petitioners Seeking To File H-1B Petitions on Behalf of Cap-Subject Aliens” that will implement an electronic pre-registration process for H-1B cap petitions wherein a full H-1B petition would be submitted only after acceptance in the pre-registration lottery. The change stems from directives in the April 2017 “Buy American, Hire American” executive order, which call for reforms to the H-1B visa program to ensure that H-1Bs go to the “most-skilled” and “highest-paid” foreign workers. The rule is aims streamline the H-1B lottery process and increase the probability of selection for H-1B beneficiaries who possess a U.S. master’s or higher degree.
Read MoreAdministration Aiming to Restrict Green Card Eligibility for Those on Public Aid
On Saturday, September 22, 2018, the Department of Homeland Security (DHS) formally announced that it intends to introduce a notice of proposed rulemaking titled “Inadmissibility on Public Charge Grounds” to amend the regulations governing “public charge” determinations for individuals applying for U.S. permanent residence (“green cards”). In the notice DHS states that the proposed rule is intended to provide a standard for determining whether an applicant for a green card is likely at any time to become a public charge (e.g., that they will be unable to financially support themselves while in the U.S.) and seeks to provide a more comprehensive framework under which the United States Citizenship and Immigration Service (USCIS) will consider public charge inadmissibility.
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