Public Charge Rule Goes Bye-Bye
Last April, our office alerted the community and our constituents that under the previous administration, the Public Charge Rule was in effect. This ruling requested information to be provided by beneficiaries/applicants who sought specific immigration classifications as it related to whether or not they and any of their applicable dependents received public benefits. Based off information provided by the beneficiary/applicant and their dependents on the petition/application to USCIS, the beneficiary could be deemed ineligible for the immigration classification due to being considered a “public charge.” Petitions and applications that were impacted by this ruling were the Form I-129, the I-539, and I-485.
Per USCIS status update on March 10, 2021, effective March 9, 2021, applicants and petitioners no longer have to supply this information to USCIS. Therefore, the Office of International Services will no longer be requesting information from our H-1B status holders relating to Public Charge benefits when an extension or amendment is requested by their sponsoring department.
Additional Resources:
- Foster, LLP: Trump Era Public Charge Rule Permanently Vacated
- NAFSA: Final Rules on Public Charge Determinations
- USCIS Current Status: Inadmissibility on Public Charge Grounds Final Rule Litigation
- U.S. Department of Homeland Security (DHS), Office of Public Affairs: 2019 Public Charge Rule Vacated and Removed; DHS Withdraws Proposed Rule Regarding the Affidavit of Support