Road to US green card gets tougher; public charge scrutiny to begin Sept 18

Starting September 18, stricter scrutiny will be applied to Indian nationals applying for employment-based green cards in the United States, as new USCIS guidance on the "public charge" rule takes effect. This rule could result in a green card application being denied if USCIS determines that an applicant is likely to become dependent on government aid.

The updated guidance directs officers to assess applicants based on a comprehensive evaluation of their entire situation, including age, health, family status, assets, education, and skills. USCIS may also request evidence of prospective employment, such as job offers and anticipated wages.

According to the agency, the new rule aligns with the intention of Congress that individuals in the US should be self-sufficient and not reliant on taxpayer-funded benefits. While routine H-1B petitions, such as extensions, amendments, and changes of employer, as well as H-4 extensions and changes of status, are not subject to the public charge criteria, the new regulations could significantly impact Indian nationals who have been waiting in the employment-based green card backlog for years.

Experts suggest that the guidance may particularly affect elderly parents, especially those with health issues, who are sponsored by others who cannot meet the new conditions.

The guidance also broadens the range of benefits considered in determining public charge eligibility, including SNAP (food stamps), housing assistance, CHIP, and regular Medicaid. However, receipt of a benefit alone does not lead to inadmissibility; USCIS will evaluate each case individually based on the applicant's overall circumstances.

In extreme cases, if an applicant is deemed inadmissible due to public charge grounds, they may be required to post a public-charge bond as a financial guarantee that they will not become a public charge.