USCIS Introduces Stricter Criteria for Employment-Based Green Card Applicants
Starting September 18, Indian nationals seeking employment-based Green Cards could face more challenges as new guidelines from the US Citizenship and Immigration Services (USCIS) take effect. This update focuses on the ‘public charge’ rule, which assesses whether applicants might rely on government assistance.
Under this guidance, if USCIS determines that an applicant is likely to depend on public benefits, their Green Card application could be denied. This change is particularly crucial for those who have been waiting in the employment-based Green Card backlog for years and are looking to file Form I-485 for a permanent residency status.
The revised rules will affect how USCIS officials evaluate if an applicant might become a public charge. They will consider various aspects of an applicant’s life, including their age, health, family situation, financial resources, education, and skills. USCIS may also ask for proof of job offers and the expected salary of the applicant.
In a recent statement, USCIS highlighted that officers will look at several factors, including an applicant’s history of receiving certain public benefits such as cash assistance, housing support, or food stamps, to determine their likelihood of becoming a public charge. If an applicant is found inadmissible based solely on this criterion, they may have the chance to post a bond to secure their application.
These changes align with the Department of Homeland Security’s earlier decision to revoke certain public charge regulations that were put in place during the Biden administration in 2022. The new rules were finalized and announced on July 16, 2023.
Experts have expressed concern about these changes. Immigration lawyers commented that the public charge rule increases the discretion available to USCIS officers when evaluating applications. This could lead to tougher scrutiny and potentially more denials for applicants.
Data from the Kaiser Family Foundation indicates that around 13.5 million individuals enrolled in Medicaid or CHIP in the US live with at least one non-citizen. A significant number, possibly between 1.4 million and 4.1 million, could lose benefits due to the new rule.
Certain applicant groups are exempt from these public charge evaluations. This includes refugees, asylees, and specific individuals who worked with the US government, among others.
In 2023, approximately 1.2 million Green Cards were granted in the US, with around 78,100 (7%) of them going to Indian nationals. Many of these individuals received their Green Cards as immediate relatives of US citizens or through family connections.
Overall, these updated policies create more grounds for evaluating and potentially rejecting Green Card applications, while keeping some applicants safe from the new restrictions.
