Blog Layout
DHS Publishes Fair and Humane Public Charge Rule
8 September 2022
Release Date
09/08/2022
WASHINGTON – The U.S. Department of Homeland Security (DHS) has issued a final rule, to be published in the Federal Register, that provides clarity and consistency for noncitizens on how DHS will administer the public charge ground of inadmissibility. The rule restores the historical understanding of a ‘public charge’ that had been in place for decades, until the prior Administration began to consider supplemental public health benefits such as Medicaid and nutritional assistance as part of the public charge inadmissibility determination. The rule announced today speaks to the Biden Administration’s commitment to restoring faith in our legal immigration system.
“This action ensures fair and humane treatment of legal immigrants and their U.S. citizen family members,” said Secretary of Homeland Security Alejandro N. Mayorkas. “Consistent with America’s bedrock values, we will not penalize individuals for choosing to access the health benefits and other supplemental government services available to them.”
“In keeping with our nation’s values, this policy treats all those we serve with fairness and respect,” said U.S. Citizenship and Immigration Services Director Ur M. Jaddou. “Though there is still much to do to overcome confusion and fear, we will continue to work to break down barriers in the immigration system, restore faith and trust with our immigrant communities, and eliminate excessive burdens in the application process.”
Section 212(a)(4) of the Immigration and Nationality Act (INA) renders a noncitizen inadmissible if they are “likely at any time to become a public charge.”
A noncitizen who is deemed likely to become a ‘public charge,’ meaning that they are likely to become primarily dependent on the government for subsistence, can be denied admission or lawful permanent residence (known colloquially as a green card). Prior to 2019, almost all non-cash government benefits such as Medicaid or nutrition assistance were excluded from consideration. The 2019 rule, which was ultimately vacated and is no longer in effect, resulted in a drop in enrollments in such programs among individuals who are not subject to the public charge ground of inadmissibility, such as U.S. citizen children in mixed-status households. The publication of this rule in the Federal Register avoids these effects by formally codifying the historical understanding of the term.
Under this rule, as under the 1999 Interim Field Guidance that was in place for most of the past two decades, a noncitizen would be considered likely to become a public charge if DHS determines that they are likely to become primarily dependent on the government for subsistence. This determination will be based on:
- The noncitizen’s “age; health; family status; assets, resources, and financial status; and education and skills,” as required by the INA;
- The filing of Form I-864, Affidavit of Support Under Section 213A of the INA, submitted on a noncitizen’s behalf when one is required; and
- The noncitizen’s prior or current receipt of Supplemental Security Income (SSI); cash assistance for income maintenance under Temporary Assistance for Needy Families (TANF); State, Tribal, territorial, or local cash benefit programs for income maintenance (often called “General Assistance”); or long-term institutionalization at government expense.
DHS will not consider in public charge determinations benefits received by family members other than the applicant. DHS will also not consider receipt of certain non-cash benefits for which noncitizens may be eligible. These benefits include: Supplemental Nutrition Assistance Program (SNAP) or other nutrition programs, Children’s Health Insurance Program (CHIP), Medicaid (other than for long-term institutionalization), housing benefits, any benefits related to immunizations or testing for communicable diseases, or other supplemental or special-purpose benefits.
DHS will develop a Policy Manual update to help USCIS officers apply this regulation fairly and consistently and to better inform the public about how the rule will be implemented. DHS will also conduct public outreach and engagements to minimize the risk of confusion or chilling effects among both noncitizens and U.S. citizens.
The final rule will be effective on December 23, 2022, and will be published in the Federal Register on September 9, 2022. DHS is currently making public charge assessments consistent with the statute and the 1999 Interim Field Guidance and will continue to do so until it implements the final rule for applications postmarked on or after the effective date.
Today’s announcement is among a series of actions this Administration has taken to better balance DHS’s mission sets and ensure the fair and effective management of our nation’s immigration systems.
Last Reviewed/Updated:
09/08/2022
https://www.uscis.gov/newsroom/news-releases/dhs-publishes-fair-and-humane-public-charge-rule
Release Date 02/03/2025 After reviewing country conditions and consulting with the appropriate U.S. government agencies, Secretary of Homeland Security Kristi Noem has determined that conditions in Venezuela no longer support the 2023 designation of Venezuela for Temporary Protected Status (TPS). TPS and related benefits associated with the 2023 designation will no longer be in effect starting 60 days after publication of the Federal Register notice . Find more information about TPS at uscis.gov/tps . For more information on USCIS and its programs, please visit uscis.gov or follow us on X (formerly Twitter) , Instagram , YouTube , Facebook and LinkedIn . https://www.uscis.gov/newsroom/alerts/dhs-terminates-the-2023-designation-of-venezuela-for-temporary-protected-status
ALERT: Effective January 22, 2025, USCIS waives any and all requirements that applicants for adjustment of status to that of a lawful permanent resident present documentation on their Form I-693, Report of Immigration Medical Examination and Vaccination Record, that they received the COVID-19 vaccination. USCIS will not issue any Request for Evidence (RFE) or Notice of Intent to Deny (NOID) related to proving a COVID-19 vaccination. USCIS will not deny any adjustment of status application based on the applicant’s failure to present documentation that they received the COVID-19 vaccination. https://www.uscis.gov/i-485
Release Date 01/15/2025 WASHINGTON – The Department of Homeland Security announced on Jan. 10, 2025, the extension of the 2023 designation of Temporary Protected Status for Venezuela for 18 months, from April 3, 2025, to Oct. 2, 2026, due to extraordinary and temporary conditions in Venezuela that prevent individuals from safely returning. The corresponding Federal Register notice provides information about re-registering for TPS as a current beneficiary under Venezuela’s extension. After consultation with interagency partners, it was determined that an 18-month extension of TPS is warranted based on the severe humanitarian emergency the country continues to face due to political and economic crises under the inhumane Maduro regime. The extension of TPS for Venezuela allows approximately 607,000 current beneficiaries to retain TPS through Oct. 2, 2026, if they continue to meet TPS eligibility requirements. Current beneficiaries under TPS for Venezuela, including those registered under the Oct. 3, 2023, or the prior March 9, 2021, TPS designation, must re-register in a timely manner during the re-registration period from Jan. 17, 2025, through Sept. 10, 2025, to ensure they maintain TPS and employment authorization. Every individual processed by the Department of Homeland Security goes through rigorous national security and public safety vetting during the original application process and again during re-registration. If any individual is identified as posing a threat, they may be detained, removed, or referred to other federal agencies for further investigation or prosecution as appropriate. Individuals are barred from TPS if they have been convicted of any felony or two misdemeanors. Individuals registered under either the March 9, 2021, TPS designation or the Oct. 3, 2023, TPS designation will be allowed to re-register under the Venezuela 2023 extension. All Venezuela TPS beneficiaries who re-register for TPS under the Venezuela 2023 extension and are approved by USCIS will obtain TPS through the same extension date of Oct. 2, 2026. DHS recognizes that not all re-registrants who renew their EAD may receive it before their current EAD expires and is automatically extending through April 2, 2026, the validity of certain EADs previously issued under Venezuela’s TPS designation. As proof of continued employment authorization through April 2, 2026, TPS beneficiaries can show their EAD with the Category A12 or C19 and a Card Expires date of: Sept. 10, 2025; April 2, 2025; March 10, 2024; or Sept. 9, 2022. USCIS will continue to process pending applications filed under previous TPS designations for Venezuela. Individuals with a pending Form I-821, Application for Temporary Protected Status , or a related Form I-765, Application for Employment Authorization , as of Jan. 17, 2025, do not need to file either application again. If USCIS approves a pending Form I-821 or Form I-765 filed under the previous designations of TPS for Venezuela, USCIS will grant the individual TPS through Oct. 2, 2026, and issue an EAD valid through the same date. The Federal Register notice explains eligibility criteria, timelines, and procedures necessary for current beneficiaries to re-register and renew EADs. This extension only applies to individuals already in the United States and who are current beneficiaries of TPS for Venezuela. All irregular migration journeys are extremely dangerous, unforgiving, and often result in loss of life. DHS will continue to enforce U.S. laws and will return noncitizens who do not establish a legal basis to remain in the United States. https://www.uscis.gov/newsroom/news-releases/dhs-publishes-federal-register-notice-extending-temporary-protected-status-for-venezuela
Release Date 01/15/2025 WASHINGTON – The Department of Homeland Security announced on Jan. 10, 2025, the extension of Temporary Protected Status for Ukraine for 18 months, from April 20, 2025, to Oct. 19, 2026, due to armed conflict and extraordinary and temporary conditions in Ukraine that prevent individuals from safely returning. The corresponding Federal Register notice provides information about registering for TPS as a current beneficiary under Ukraine’s extension. After consultation with interagency partners, it was determined that an 18-month extension of TPS is warranted because conditions that support Ukraine’s designation are ongoing. The extension is based on the war with Russia, now in its third year, which has involved large-scale attacks on major cities, resulting in increased civilian casualties, significant infrastructure damage, and widespread humanitarian suffering. The extension of TPS for Ukraine allows approximately 103,700 current beneficiaries to re-register for TPS from Jan. 17, 2025, through March 18, 2025, if they continue to meet TPS eligibility requirements. Current beneficiaries under TPS for Ukraine must re-register in a timely manner during the re-registration period to ensure they maintain TPS and employment authorization. Every individual processed by the Department of Homeland Security goes through rigorous national security and public safety vetting during the original application process and again during re-registration. If any individual is identified as posing a threat, they may be detained, removed, or referred to other federal agencies for further investigation or prosecution as appropriate. Individuals are barred from TPS if they have been convicted of any felony or two misdemeanors. DHS recognizes that not all re-registrants who apply for a new Employment Authorization Document may receive it before their current EAD expires and is automatically extending through April 19, 2026, the validity of EADs previously issued under Ukraine’s TPS designation. As proof of continued employment authorization through April 19, 2026, TPS beneficiaries can show their EAD with the Category A12 or C19 under and a Card Expires date of April 19, 2025, or Oct. 19, 2023. U.S. Citizenship and Immigration Services will continue to process pending applications filed under previous TPS designations for Ukraine. Individuals with a pending Form I-821, Application for Temporary Protected Status , or a related Form I-765, Application for Employment Authorization , as of Jan. 17, 2025, do not need to file either application again. If USCIS approves a pending Form I-821 or Form I-765 filed under the previous designation of TPS for Ukraine, USCIS will grant the individual TPS through Oct. 19, 2026, and issue an EAD valid through the same date. The Federal Register notice explains eligibility criteria, timelines, and procedures necessary for current beneficiaries to re-register and renew EADs. This extension only applies to individuals already in the United States and who are current beneficiaries of TPS for Ukraine. All irregular migration journeys are extremely dangerous, unforgiving, and often result in loss of life. DHS will continue to enforce U.S. laws and will return noncitizens who do not establish a legal basis to remain in the United States. https://www.uscis.gov/newsroom/news-releases/dhs-publishes-federal-register-notice-extending-temporary-protected-status-for-ukraine Last Reviewed/Updated: 01/15/2025
Release Date 01/15/2025 WASHINGTON – The Department of Homeland Security announced on Jan. 10, 2025, the extension of Temporary Protected Status for Sudan for 18 months, from April 20, 2025, to Oct. 19, 2026, due to ongoing armed conflict and extraordinary and temporary conditions in Sudan that prevent individuals from safely returning. The corresponding Federal Register notice provides information about registering for TPS as a current beneficiary under Sudan’s extension. After consultation with interagency partners, it was determined that an 18-month extension of TPS is warranted because conditions that support Sudan’s designation are ongoing. The extension is based on continued political instability that that has triggered human rights abuses, including direct attacks on civilians. The extension of TPS for Sudan allows approximately 1,900 current beneficiaries to retain TPS through Oct. 19, 2026, if they continue to meet TPS eligibility requirements. Current beneficiaries under TPS for Sudan must re-register in a timely manner during the re-registration period from Jan. 17, 2025, through March 18, 2025, to ensure they maintain TPS and employment authorization. Every individual processed by the Department of Homeland Security goes through rigorous national security and public safety vetting during the original application process and again during re-registration. If any individual is identified as posing a threat, they may be detained, removed, or referred to other federal agencies for further investigation or prosecution as appropriate. Individuals are barred from TPS if they have been convicted of any felony or two misdemeanors. DHS recognizes that not all re-registrants who apply for a new EAD may receive it before their current EAD expires and is automatically extending through April 19, 2026, the validity of certain EADs previously issued under Sudan’s TPS designation. As proof of continued employment authorization through April 19, 2026, TPS beneficiaries can show their EAD with the Category A12 or C19 and a Card Expires date of: April 19, 2025; June 30, 2024; Dec. 31, 2022; Oct. 4, 2021; Jan. 4, 2021; Jan. 2, 2020; April 2, 2019; Nov. 2, 2018; or Nov. 2, 2017. USCIS will continue to process pending applications filed under previous TPS designations for Sudan. Individuals with a pending Form I-821, Application for Temporary Protected Status , or a related Form I-765, Application for Employment Authorization , as of Jan. 17, 2025, do not need to file either application again. If USCIS approves a pending Form I-821 or Form I-765 filed under the previous designation of TPS for Sudan, USCIS will grant the individual TPS through Oct. 19, 2026, and issue an EAD valid through the same date. The Federal Register notice explains eligibility criteria, timelines, and procedures necessary for current beneficiaries to re-register and renew EADs. This extension only applies to individuals already in the United States and who are current beneficiaries of TPS for Sudan. All irregular migration journeys are extremely dangerous, unforgiving, and often result in loss of life. DHS will continue to enforce U.S. laws and will return noncitizens who do not establish a legal basis to remain in the United States. https://www.uscis.gov/newsroom/news-releases/dhs-publishes-federal-register-notice-extending-temporary-protected-status-for-sudan Last Reviewed/Updated: 01/15/2025
Release Date 01/10/2025 Extension Allows Eligible Salvadoran Nationals to Maintain TPS and Employment Authorization WASHINGTON – The Department of Homeland Security announced today the extension of Temporary Protected Status for El Salvador for 18 months, from March 10, 2025, to Sept. 9, 2026, due to environmental conditions in El Salvador that prevent individuals from safely returning. The corresponding Federal Register notice provides information about how to re-register for TPS under El Salvador’s TPS extension. After reviewing the country conditions in El Salvador and consulting with interagency partners, it was determined that an 18-month TPS extension is warranted because of continued conditions from environmental disasters that resulted in a substantial, but temporary, disruption of living conditions in the affected areas of El Salvador. El Salvador’s extension of TPS is based on geological and weather events, including significant storms and heavy rainfall in 2023 and 2024, that continue to affect areas heavily impacted by the earthquakes in 2001. Those earthquakes were the basis of El Salvador’s initial TPS designation on March 9, 2001. The extension of TPS for El Salvador allows approximately 232,000 current beneficiaries to re-register for TPS, if they continue to meet eligibility requirements. Re-registration is limited to individuals who previously registered for and were granted TPS under El Salvador’s prior designation. Every individual processed by the Department of Homeland Security goes through rigorous national security and public safety vetting during the original application process and again during re-registration. If any individual is identified as posing a threat, they may be detained, removed, or referred to other federal agencies for further investigation or prosecution as appropriate. Individuals are barred from TPS if they have been convicted of any felony or two misdemeanors. Current beneficiaries under TPS for El Salvador must re-register in a timely manner during the 60-day re-registration period beginning when the Federal Register notice is published to ensure they keep their TPS and employment authorization. DHS recognizes that not all re-registrants may receive a new Employment Authorization Document before their current EAD expires and is automatically extending through March 9, 2026, the validity of EADs previously issued under El Salvador’s TPS designation. U.S. Citizenship and Immigration Services will continue to process pending applications filed under previous TPS designations for El Salvador. Individuals with a pending Form I-821, Application for Temporary Protected Status , or a related Form I-765, Application for Employment Authorization , starting when Federal Notice publishes, do not need to file either application again. If USCIS approves a pending Form I-821 or Form I-765 filed under the previous designation of TPS for El Salvador, USCIS will grant the individual TPS through Sept. 9, 2026, and issue an EAD valid through the same date. The Federal Register notice explains eligibility criteria, timelines, and procedures necessary for current beneficiaries to re-register and to renew their EADs. This extension only applies to individuals already in the United States and who are current beneficiaries of TPS for El Salvador. All irregular migration journeys are extremely dangerous, unforgiving, and often result in loss of life. DHS will continue to enforce U.S. laws and will return noncitizens who do not establish a legal basis to remain in the United States. https://www.uscis.gov/newsroom/news-releases/dhs-publishes-federal-register-notice-extending-temporary-protected-status-for-el-salvador
ALERT: On Dec. 10, 2024, the Department of Homeland Security announced a final rule that permanently increases the automatic extension period for employment authorization and Employment Authorization Documents available to certain EAD renewal applicants from up to 180 days to up to 540 days. The final rule will continue to help prevent eligible renewal EAD applicants from experiencing a lapse in employment authorization and/or the validity of their EAD due to lengthy processing times. The final rule will become effective on Jan. 13, 2025, and will apply to certain timely filed renewal EAD applications pending or filed on or after May 4, 2022. ALERT: If you filed Form I-765 based on a grant of Temporary Protected Status (TPS) or a pending TPS application, please see the Temporary Protected Status (TPS) section below for more information on TPS-specific requirements for the automatic EAD extension. If you filed Form I-765, Application for Employment Authorization, to renew your expiring Employment Authorization Document (EAD), you may qualify for an automatic extension of the expiration date printed on your EAD while your application is pending. You qualify for this automatic extension if: The Form I-797C, Notice of Action, receipt notice you received for your pending Form I-765 renewal application has a “Received Date” that is before the “Card Expires” date shown on the face of your EAD; The Form I-797C, Notice of Action, receipt notice has a “Received Date” on or after May 4, 2022, and on or before Sept. 30, 2025; Your renewal application is under a category that is eligible for an automatic extension (see the list of categories below); and The category on your current EAD matches the “Eligibility Category” or “Class Requested” listed on your Form I-797C, Notice of Action, receipt notice. (The table below lists exceptions for certain categories.) If all the above factors are true, then your employment authorization does not expire on the date printed on your EAD, because you have been granted an automatic extension. To determine your actual EAD expiration date, please see the “Automatic Extension Eligibility Calculator” below. https://www.uscis.gov/eadautoextend
Release Date 12/23/2024 On Jan. 17, 2025, we will publish a revised edition of Form I-129, Petition for a Nonimmigrant Worker (edition date: 01/17/25). The form has been revised to align with the recently announced H-1B modernization final rule and the H-2 modernization final rule . The 01/17/25 edition of Form I-129 replaces the 04/01/24 edition of Form I-129. There is no grace period for the revised edition of Form I-129 because this revised edition is necessary for USCIS to apply the final rules. Effective Jan. 17, 2025, we will reject Form I-129 petitions received using the 04/01/24 edition of the form. We are providing a preview version of the 01/17/25 edition of Form I-129 (PDF, 2.19 MB) and its instructions . Do not file the 01/17/25 edition of Form I-129 before Jan. 17, 2025. We will only accept the 01/17/25 edition of this form if it is received on or after Jan. 17, 2025. If you file Form I-129 on paper by mail, please note that: We will accept the 04/01/24 edition of Form I-129 if it is received before Jan. 17, 2025; We will not accept the 04/01/24 edition of Form I-129 if it is received on or after Jan. 17, 2025; and We will only accept the 01/17/25 edition of Form I-129 if it is received on or after Jan. 17, 2025. https://www.uscis.gov/newsroom/alerts/uscis-to-publirevised-form-i-129-petition-for-a-nonimmigrant-worker Last Reviewed/Updated: 12/23/2024
Release Date 12/12/2024 We are issuing updated policy guidance on the types of evidence that may support an application under the International Entrepreneur Rule . The guidance covers evidence of the applicant’s central and active role in the startup entity and of the applicant’s position to substantially help the entity grow and succeed. The guidance also expands on the types of evidence that can show qualified investments and qualified government awards or grants, and the types of alternative evidence that an applicant may submit. It also clarifies the types of evidence that can support a finding of significant public benefit. The guidance, contained in Volume 3 of USCIS Policy Manual , is effective immediately and applies to requests pending or filed on or after Dec. 12. https://www.uscis.gov/newsroom/alerts/uscis-issues-updated-guidance-on-evidence-for-applicants-under-the-international-entrepreneur-rule
Release Date 12/10/2024 WASHINGTON – The Department of Homeland Security (DHS) announced a final rule that will support U.S. employers, foster economic growth, and improve access to employment authorization documents (EAD) for eligible individuals by permanently increasing the automatic extension period of employment authorization and employment authorization documentation from up to 180 days to up to 540 days for eligible noncitizens who file a timely request to renew their work authorization. This announcement responds to feedback from the business community to create more certainty for employers. Over the past several years, USCIS has significantly reduced processing times for EAD applications as part of its ongoing efforts to help support the U.S. economy, its employers, and those who Congress has made eligible to work here. This final rule continues these efforts by reducing the likelihood that lapses in employment authorization for eligible noncitizens will occur, while U.S. Citizenship and Immigration Services adjudicates their EAD renewal requests and better ensure continuity of operations for U.S. employers. The need is clear, as USCIS received and processed a record number of EAD applications this year. This is the latest step by the Biden-Harris Administration to keep eligible work-authorized individuals in the workforce, supporting our local economies, businesses, and communities. “Since January 2021, the American economy has created more than 16 million jobs, and the Department of Homeland Security is committed to helping businesses fill them,” said Secretary of Homeland Security Alejandro N. Mayorkas. “Increasing the automatic extension period for certain employment authorization documents will help eliminate red tape that burdens employers, ensure hundreds of thousands of individuals eligible for employment can continue to contribute to our communities, and further strengthen our nation’s robust economy.” “USCIS is committed to reducing unnecessary barriers and burdens in the immigration system to support our nation’s economy,” said USCIS Director Ur M. Jaddou. “This final rule will help U.S. employers better retain their workers and help prevent workers with timely-filed EAD renewal applications from experiencing lapses in their employment authorization and employment authorization documentation through no fault of their own.” The final rule will become effective on January 13, 2025, and will apply to eligible applicants with timely filed renewal EAD applications pending or filed on or after May 4, 2022. This final rule aligns with USCIS’ ongoing efforts to support eligible individuals’ ability to work and contribute to the U.S. economy. In addition to today’s final rule, USCIS has taken a number of steps to reduce EAD processing times overall and streamlined adjudication processing, including: Reducing by half the median EAD processing times for individuals with pending applications for adjustment of status from fiscal year 2021 to date; Engaging with communities to educate work-eligible individuals and providing on-the-ground intake support for applicants; Reducing EAD application processing times for asylum applicants and certain parolees to less than or equal to a 30-day median; Extending the EAD validity period for certain categories of applicants from two years to five years; Streamlining the processing of refugee EAD applications; and Expanding online filing of EAD applications to asylum applicants and parolees. For more information, visit the Automatic Employment Authorization Document Extension page. Last Reviewed/Updated: 12/10/2024 https://www.uscis.gov/newsroom/news-releases/dhs-announces-permanent-increase-of-the-automatic-extension-period-for-certain-employment
Disclaimer
The information on this Law Firm website is only for general information. None of the associated information should be taken as legal advice for any particular case or circumstance. The information is not for the purpose of creating an attorney-client relationship nor should the information included therein be considered as such.
CONTACT INFORMATION
English: (702) 405-6666
Spanish: (702) 823-1200
Email: info@davidwalterslaw.com
Fax: (702) 485-6545
ADDRESS
Law Office of David E. Walters, LLC.
4060 E. Russell Road Suite 100
Las Vegas, Nevada 89120
Mailing Address
P O BOX 50630
Henderson, Nevada 89016
BROWSE OUR WEBSITE
Website Designed by: Designer1Media