DHS Proposes New Public Charge Rule

Key Points

• Applicants for a green card and for most nonimmigrant visas (including work, student and tourist visas) will be subject to the new DHS rule on "public charge" determination. This will affect the processing of employment-based visas for foreign employees working at U.S. companies.
• Petitioners (sponsoring employers) and applicants for nonimmigrant visas may see an increase in requests for evidence, requiring the completion of a newly proposed form, "Declaration of Self-Sufficiency." This process will likely delay the processing of extension and change of status applications and may affect non-citizen employees' ability to continue working for their U.S. employers.
• DHS proposes to define "public charge" as an immigrant "who receives one or more public benefits," and the determination seeks to establish whether the person is likely to receive public benefits at any time in the future. Whether foreign nationals work for U.S. employers or are sponsored