US DEPARTMENT OF HOMELAND SECURITY ANNOUNCES NEW “PUBLIC CHARGE” RULE

On August 14, 2019 the Department of Homeland Security (DHS) announced a new “public charge” rule; this rule will go into effect on October 15, 2019.  Under a longstanding law and policy, if immigration authorities determine someone is “likely to become a public charge” the US can deny the applicant’s green card or other visa to the US.  A public charge is someone who is dependent on the government, through benefits programs.  The Trump Administration’s new rule changes the standard by the DHS determines whether a foreign national is likely to become a public charge.

Under the previous policy, DHS examined whether an intending immigrant was primarily dependent on public benefits.  Under the new rule, immigration officers will examine whether immigrants are likely at any time to become a public charge, using a multi-factor test. 

Public benefits under the new rule include:

1. Any federal, state, or local cash assistance, including:

1.   Social Security Income (SSI)
2.  Temporary Assistance for Needy Families (TANF)
3.  Government programs for income maintenance often called “general assistance”

2. Supplemental Nutrition Assistance Program (SNAP) also known as food stamps
3. Section 8 Housing Assistance
4. Medicaid, with certain exceptions
5. Public Housing under Section 

The immigration officer will take into account a broad range of factors and consider all of the following when making a determination if the foreign national visa applicant is likely to become a pubic charge:

1. Receipt of a public benefit for more than 12 months in the aggregate within a 36 month period
2. Age
3. Health
4. Family status
5. Education and skills
6. Assets, resources, and financial status

This rule will apply to all applicants for any type of visa, though it is expected that the immigration officers will look most closely at those applying for a green card.  Employment-based visa applicants should be treated favorably because, by virtue of their employer-sponsor, they have guaranteed employment and income in the United States.  However, policy experts forecast that this rule will likely be applied inconsistently and cause fewer legal immigrants to enter the United States.

SEPTEMBER 2019 VISA BULLETIN: ANALYSIS

The Department of State has just issued the September 2019 Visa Bulletin. This is the final Visa Bulletin of Fiscal Year 2019. This blog post analyzes this month's Visa Bulletin. 

September 2019 Visa Bulletin

Table A: Final Action Dates -- Applications with these dates may be approved for their Green Card (Permanent Residency card) or Immigrant Visa appointment.

Employment- based	All Other	CHINA	INDIA	PHILIPPINES
1st	01OCT17	01JAN14	U	01OCT17
2nd	01JAN18	01JAN17	08MAY09	01JAN18
3rd	01JUL16	01JAN14	01JUL05	01JUL16

Table B: Dates for Filing -- The DOS may work on applications with these dates. But the Visa cannot be approved until the date is current per Table A.

Employment- based	All Other	CHINA	INDIA	PHILIPPINES
1st	01SEP18	01OCT17	01OCT17	01SEP18
2nd	C	01JUN17	01JUN09	C
3rd	C	01JUN16	01APR10	C

MU Law Analysis (all references are to Table A unless noted)

As always happens in August and September, the dates have retrogressed, often making the numbers effectively unavailable.  This is common.  The USCIS and DOS are making sure to use all available visa numbers, without exceeding the legal quotas.

Numbers will once again be available for applicants beginning October 1, 2019 under the FY-2020 annual numerical limitations.  For October, the first month of fiscal year 2020, the DOS expects to return to return the final action dates to those which applied for July.  Click this link to see the July dates.

CGFNS, AHA, PNAA ALL OPPOSE BILL RESTRICTING NURSES

CGFNS International, the US’ issuer on Visa Screens for nurses and other allied healthcare professions, has issued a letter to its Pennsylvania senators expressing concern over S.386 Fairness bill.  That bill would decimate healthcare immigration into the US, as explained in our March blog post.  The letter also notes that the American Hospital Association and the Philippine Nurses Association of America also do not support the bill.

The letter, which is signed by CGFNS President and CEO Franklin Shaffer, explains that while the bills’ aims are understandable, the consequence of the bill would be to create visa retrogressions for every country.  Shaffer asks that the bill is modified to ensure that healthcare professionals, including nurses, are not negatively impacted by this bill. 

There has been an intense effort to modify the bill to protect US patients by continuing to allow badly needed nurses and healthcare professionals into the US.  A competitive bill, sponsored by Sen. Rand Paul and titled the BELIEVE Act, would meet both aims: eliminate the unfair per country quotas, while still allowing nurses and healthcare professionals into the US.