From today, US Citizenship and Immigration Services will apply a broadened “public-charge” assessment to most adjustment-of-status petitions, meaning consular officers and USCIS adjudicators must evaluate whether an applicant is likely to rely on certain government benefits. The change, finalised in July and effective 18 September, reverses pandemic-era leniency and resurrects elements of the 2019 Trump-era rule—albeit with clearer definitions of which benefits count. For Indian nationals, who make up roughly 74 percent of the employment-based green-card backlog, the timing could not be worse. Applicants filing Form I-485 after today must submit detailed household income statements, credit reports, health-insurance evidence and—critically—proof they have not claimed means-tested benefits such as Medicaid (except emergency treatment) or federal housing subsidies. Immigration attorneys are already advising Indian H-1B families to furnish additional liquid-asset documentation—bank statements covering 12 months rather than the usual six—and, where possible, employer letters confirming continued pay above prevailing wage. Failure to rebut a potential public-charge finding could result in outright denial or an onerous “Declaration of Self-Sufficiency” bond. Corporates sponsoring long-term US assignments should run a fresh compliance audit on pending I-485 cases, particularly for employees whose spouses took unpaid leave during the pandemic. Global mobility budgets may also need to expand to cover private medical insurance premiums, which bolster an applicant’s financial profile. While the State Department insists decisions will be “holistic”, advocacy groups warn the rule could slow adjudications and deepen queues for Indian EB-2 and EB-3 categories. With the fiscal-year visa cap resetting on 1 October, HR teams must recalibrate green-card timelines and set realistic expectations for transferees eyeing permanent residence.
Source: Business Standard
