New Immigration Green Card Public Charge Rule Takes Effect on February 24th, 2020
A new government regulation that will affect green card applicants takes effect on February 24th, 2020. Here is what you need to know.
A new government regulation that will affect green card applicants takes effect on February 24th, 2020. Here is what you need to know.
Under immigration law, in general someone who is deemed likely to become a "public charge" is barred from receiving a green card.
What is a public charge?
The current rule defines a public charge as someone likely to become primarily dependent on the government for income support. The new rule redefines a public charge as a person likely to receive "public benefits" for more than 12 months over any 36-month period in the future.
What are considered "public benefits" under the new rule?
Any federal, state, local, or tribal cash assistance for income maintenance (e.g. SSI, TANF), federal, state, and local cash benefits programs for income maintenance, SNAP, Section 8 housing and public housing under Section 9, and Medicaid (with certain exceptions).
How will the government determine whether someone is likely to receive public benefits for more than 12 months over any 36-month period in the future?
A totality of circumstances test will be used. Factors considered will be age, health, family status, education and skills, and assets, resources, and financial status, taking into account a broad range of positive and negative factors. Heavily weighted negative factors will include receipt of public benefits in the past (but after the date the rule goes into effect). Heavily weighted positive factors will include having a high household income (at least 250% of the federal poverty level) and having private health insurance.
Will this change mean more paperwork?
Yes. There will be additional paperwork required in order for the government to assess the likelihood of a green card applicant becoming a public charge.
Implementation of the new rule will be messy. Contact us today for expert assistance at 415-413-8760 or theteam@huwelaw.com.
Can You Apply for a Green Card Next Month? Check the February Visa Bulletin!
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for February 2020 to see if your priority date will be current next month.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for February 2020 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in February.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application?
Contact us at theteam@huwelaw.com or 415-496-9040 today.
Why to Prepare for H-1b Cap Season Now
H-1b cap season is rapidly approaching. USCIS has created a new lottery system, which changes the process and requires advance planning. Here is why you should get started now.
H-1b cap season is rapidly approaching. USCIS has created a new lottery system, which changes the process and requires advance planning. Here is why you should get started now.
In order to deter fraud and gaming of the system, USCIS will require that all employers attest they intend to file an H-1b visa for each candidate they enter into the lottery. It is thus important to conduct basic due diligence to ensure that a bona fide application will later be able to be submitted for each candidate who wins a lottery slot. USCIS will be tracking companies that have a pattern of not filing after winning lottery slots for their candidates.
USCIS will consider applications on a first-in, first-out basis, and premium processing is not guaranteed. Lottery results will be shared no earlier than 10 days before the filing window opens on April 1st. It takes at a minimum several weeks to get an LCA certified and a petition ready to file. If you need to be in the front of that line because the employee’s OPT is going to run out or that person is needed here as soon as possible, it is best to have the application ready to go.
Need help with preparing for H-1B season?
Contact us at theteam@huwelaw.com or 415-496-9040.
Get Ready for H-1b Cap Season
H-1b cap season is rapidly approaching. This year, it is especially important to be ready. Companies must register all candidates in March and will have only 90 days to submit applications for lottery winners.
H-1b cap season is rapidly approaching. This year, it is especially important to be ready. Companies must register all candidates in March and will have only 90 days to submit applications for lottery winners.
Three Easy Things You Can Do Now
1. Track down (or request) the sponsoring company's IRS FEIN issuance letter - especially if your company has not filed an LCA before. We can get the company registered with the Department of Labor.
2. Check your VIBE profile and correct errors. USCIS checks all petitioning companies against their Validation Instrument for Business Enterprise ("VIBE") database. Any address mismatch results in an RFE, so you should check and correct your company's profile now.
3. Sign up for our free January 15th webinar on getting ready for H-1b cap season. Geared towards small and early-stage companies, this webinar will provide answers and more practical tips about things you can do now. All participants will get a complimentary one-on-one consultation with an attorney after the webinar. Start the new year right and get ahead of the curve.
Need help with your H-1B visa? Contact us at theteam@huwelaw.com or 415-548-7067 today.
How Does the New H-1b Registration Affect My Business?
USCIS has made it official: All companies must register between March 1st and March 20th for the H-1b cap season lottery. Registration will require basic information about the company sponsor and the beneficiary, an attestation of intent to file, and a $10 registration fee.
USCIS has made it official: All companies must register between March 1st and March 20th for the H-1b cap season lottery. Registration will require basic information about the company sponsor and the beneficiary, an attestation of intent to file, and a $10 registration fee. USCIS will conduct the lottery based on this registration and lottery winners will have 90 days to submit their H-1b applications.
How does this change affect my business?
This year it will be easier and cheaper to enter the H-1b lottery.
We expect that there will be many more participants in this year's H-1b lottery. The chances of any specific beneficiary winning the lottery will be lower than in prior years. Developing a good contingency plan with your attorney is critical. Your candidate may be eligible for another visa or it may make sense to start the green card process early.
You can take advantage of the lower bar to entry and register more candidates than you may have before. If a security software engineer is a critical position, consider submitting registrations for multiple beneficiaries. Remember that a beneficiary can have multiple candidate petitions. So, if there is a highly desirable candidate with multiple offers, it is worth seeing if your company's registration can be the one to win that lottery slot for them.
Join us on January 15th at 9 am for a free webinar with attorney expert Isabelle Hurtubise to prepare for the 2020 H-1b cap season. Hurtubise Weber Law specializes in employment visas and business immigration for small and early stage companies.
Need help with your H-1b application? Contact us at theteam@huwelaw.com or 415-413-8760 today.
