USCIS Announces End of Enforcement of Public Charge Rule

USCIS has advised that it will immediately stop applying the Public Charge Final Rule to all pending applications and petitions. The previous public charge rule regarding inadmissilbity, in accordance with the 1999 Interim Field Guidance, remains in place.

 

USCIS will no longer apply public benefits conditions to applications or petitions for extension of non-immigrant status or change of non-immigrant status. USCIS will no longer consider an applicant’s receipt of Medicaid (except for long-term institutionalization at the government’s expense), public housing, or Supplemental Nutrition Assistance Program (SNAP) benefits as part of the public charge inadmissibility determination.

 

In addition, USCIS has removed Form I-944 from its website. Information provided on Form I-944 with currently pending applications will not be considered by the officer adjudicating the case.

 

If you have any questions, please contact your Graham Adair attorney.

New Executive Order to Review H-1B Impact on U.S. Workers

Today’s executive order does not create any immediate change to H-1B workers.

 

This most recent executive order on immigration brings H-1Bs under scrutiny in two different respects:

 

  • It directs federal agencies to review instances where H-1B workers provided services, whether through contract or subcontract, that may have negatively impacted U.S. workers. Agencies have 120 days to submit their report. Depending on the findings, further action may be taken to restrict the hiring and employment of H-1B workers by federal agencies.

 

  • It tasks the Department of Labor and the Department of Homeland Security with ensuring adequate protection of U.S. workers. While the executive order does not detail what this directive entails specifically, based on previous measures this may involve LCA audits, an increase in H-1B worksite visits, and increased requests for evidence based on LCA conditions, including job classifications and wage levels. The Secretaries of Labor and Homeland Security have 45 days to take action to implement any protections that are deemed necessary, so we will likely see some changes soon.

 

We are closely monitoring this situation and will provide updates as we have them. In the meantime, please contact your Graham Adair attorney with any questions.