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KLF Client Alert

Public Charge Rule Invalidated
 
On March 9, 2021, consistent with Executive Order 14012 directing the review of the 2019 Public Charge Final Rule, the U.S. Department of Justice successfully moved various courts to dismiss all pending appeals defending the Final Rule.  As a result, DHS announced it would immediately stop applying the Public Charge Final Rule to all pending applications and petitions that would have been subject to the rule.

USCIS stated that, "As of March 9, 2021, applicants and petitioners should not provide information related solely to the Public Charge Final Rule. That means that applicants for adjustment of status should not provide the Form I-944, Declaration of Self-Sufficiency, or any evidence or documentation required on that form with their Form I-485 . . . . If an applicant or petitioner has already provided information related solely to the Public Charge Final Rule, and USCIS adjudicates the application or petition on or after March 9, 2021, we will not consider any information that relates solely to the Public Charge Final Rule, including, for example, information provided on the Form I-944, evidence or documentation submitted with Form I-944, or information on the receipt of public benefits on Form I-129 (Part 6), Form I-129CW (Part 6), Form I-539 (Part 5), and Form I-539A (Part 3)." (emphasis added).

USCIS will now apply the public charge inadmissibility statute, including consideration of the statutory minimum factors in the totality of the circumstances, in accordance with the 1999 Interim Field Guidance that was in place before the Public Charge Final Rule was implemented.  In addition, USCIS will no longer apply the separate, but related, “public benefits condition” to applications or petitions for extension of nonimmigrant stay and change of nonimmigrant status.  Therefore, 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.

This is a very positive development to see these attempted changes that were vigorously contested in court finally come to an end.
 
Reminder: H-1B Cap Registration Period Closing in Three Days
 
Friendly reminder that the H-1B registration period for fiscal year 2022 is now open and closing in just 3 days and then will not reopen again for another entire year.  If you haven't already, please reach out to us if you would like assistance with this process.  More information about the new online registration process that started last year (and remains the same for this year) is available here.
 
Please contact us at info@klugfirm.com or +1 (212) 495-9245 if you require any assistance.

You can access our previous Client Alerts here.
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This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Klug Law Firm.

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