Public Charge Rule Changes will significantly expand how U.S. immigration authorities consider the use of government benefits when determining whether green card applicants are likely to become a “public charge.”
The new standards broaden the types of benefits that may be considered beyond the cash assistance and government-funded long-term institutional care that have been the primary focus. Medicaid, food and housing assistance, and other non-cash benefits may now factor into the review. The changes will also apply broadly to employment-based green card applicants.
U.S. Citizenship and Immigration Services (USCIS) issued updated public charge guidance on Aug. 18. The guidance takes effect Sept. 18 and will apply to applications for adjustment of status, Form I-485, filed on or after that date.
Public Charge Rule Changes Expand Benefits Under Review
One of the most significant changes is the broader range of government benefits that immigration officers may consider.
Beginning Sept. 18, USCIS may consider means-tested benefits related to housing, food, government-subsidized health coverage, higher-education financial assistance and cash assistance as part of its overall public charge determination.
Programs that may be considered include Medicaid; the Supplemental Nutrition Assistance Program (SNAP), known as CalFresh in California; the Children’s Health Insurance Program (CHIP); the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC); Temporary Assistance for Needy Families (TANF); Supplemental Security Income (SSI); and federal housing assistance.
Public and subsidized housing assistance, as well as certain forms of college financial aid, may also be considered.
Employment-Based Immigrants Also Affected
The new standards cover a wide range of green card applicants. They include family-sponsored immigrants such as spouses, children and parents of U.S. citizens, as well as employment-based immigrants, immigrant investors, religious workers and Diversity Visa immigrants.
Immigration attorney Brian Oh said public charge scrutiny has traditionally been associated primarily with family-based immigration but will now become a significant consideration in employment-based cases as well.
According to Oh, the changes could affect applicants across the second- and third-preference employment-based categories, including professionals, skilled workers and other workers, potentially affecting many Korean nationals seeking permanent residence in the United States.
Receiving Benefits Does Not Mean Automatic Denial
A history of receiving public benefits will not automatically result in the denial of a green card application.
USCIS plans to evaluate each applicant based on the totality of the circumstances, including five major factors: age, health, family status, assets and financial resources, and education and skills. The agency may also consider an applicant’s history of receiving public benefits along with financial sponsorship documents such as Form I-864, Affidavit of Support.
For example, an applicant who previously received government assistance but is currently employed, healthy and financially self-sufficient may not necessarily be considered likely to become a public charge.
Conversely, a person who has relied on cash assistance for an extended period, is unemployed and has limited prospects for future income could face greater scrutiny.
Public Charge Bonds May Offer Another Option
Applicants who are otherwise eligible for permanent residence but face a potential denial solely on public charge grounds may, in certain cases, be given an opportunity to address the issue through a public charge bond.
If USCIS permits a bond at its discretion, an applicant may submit Form I-945, Public Charge Bond, and post a bond beginning at a minimum of $1,000. The amount will be determined on a case-by-case basis, including consideration of the government benefits the applicant is expected to receive. A higher anticipated level of benefits could result in a larger bond requirement.
Applicants cannot submit a public charge bond on their own initiative. Form I-945 may be filed only after USCIS issues a Notice of Intent to Deny, or NOID, specifically offering the applicant an opportunity to post a bond.
The Public Charge Rule Changes are scheduled to take effect Sept. 18 and will apply to covered adjustment-of-status applications filed on or after that date.
