Narrower 'public charge' immigration rule | Corporate & Immigration News
Ruttle Law, PC
Immigration law firm with an emphasis on work visas, green cards, and citizenship for business professionals.
There's a lot going on in the world of immigration and corporate news, so every week we put together an Immigration & Corporate?newsletter?for you. We'll cover all your needs from top headlines to important articles that will keep readers like yourself informed.
Contact us at?www.businesslaw-ca.com
Contact us and book a consultation?wherever you are in the world.
Ruttle Law Newsletter: W37-2022
What is the “public charge” rule? This guidance defined a “public charge” as someone who is “primarily?dependent on the Government for subsistence, as demonstrated by either the?receipt of public cash assistance for income maintenance?or?institutionalization for long-term care at Government expense.”
The Biden administration adopted a rule?prohibiting immigrants who receive certain government benefits from obtaining permanent U.S. residency, after abandoning a Trump-era regulation that had broadened the bar to people who receive food stamps and Medicaid. The rule?issued by the U.S. Department of Homeland Security says immigrants will only be deemed "public charges" who are ineligible for green cards when they are likely to become primarily dependent on the government for subsistence, mirroring a 1999 regulation.
What does this mean for me? Applicants are not required to submit Form I-944 or DS-5540 when applying for permanent residency or a visa. The guidance used by the government since 1999 to decide whether someone is likely to become a “public charge” has been finalized into formal policy through the government’s agency rule-making process.
领英推荐
The Biden administration released the final version of a rule to codify and fortify the Deferred Action for Childhood Arrivals (DACA) program. The?rule?in the Federal Register, largely maintains the DACA program as it was created by an Obama-era memo in 2012. The rule will take effect October 31, 2022, presuming no?legal?challenges are launched against it.
The new DACA regulation will largely mirror the program as it was created in 2012. To be eligible for DACA, a person must have entered the U.S. before turning 16, have lived in the U.S. continuously since June 15, 2007, were not yet 31 years old on June 15, 2012, have either completed high school or received a GED, been honorably discharged from the U.S. armed forces, or be enrolled in school, and have no felony or serious misdemeanors on their record.
After a series of?legal?battles, the Department of Homeland Security (DHS)?announced?last week that it had ended the?Trump-era “Remain in Mexico” border policy, which required all asylum-seekers (even non-Mexicans) to stay in Mexico while awaiting their U.S. immigration court hearings. Despite?suspending the policy on his first day in office?in January 2021, President Biden has faced countless roadblocks to fulfill a campaign promise and have the controversial policy officially rescinded.
“Remain in Mexico” has faced harsh criticism since the former Trump administration introduced it as a border enforcement tactic in January 2019. Nearly 70,000 migrants have been affected by the policy, many of which were exposed to inhumane conditions and violence at the U.S.-Mexico border. In their official statement, DHS said the program would be disbanded in a “quick, orderly manner,” and that moving forward, asylum-seekers will not be returned to Mexico after appearing in the U.S. for their court hearings.
Foreign-born STEM Workers in the United States
As of 2019, immigrants made up almost one-fourth, or 23.1 percent, of all STEM workers in the entire country. This is a marked increase from 2000, when just 16.4 percent of the country’s STEM workforce was foreign-born. Between 2000 and 2019, the overall number of STEM workers in the United States increased by 44.5 percent, from 7.5 million to more than 10.8 million.