The New Rule On Legal Immigrants Will Affect H-1B Visa Holders

From February 24, the US will enforce a new regulation denying green cards or legal permanent residency to those legal immigrants who seek food stamps and other public benefits.

On Friday, the US Supreme Court allowed the ‘public charge’ regulation, lifting the final remaining injunction. Following the Supreme Court’s ruling, White House Press Secretary Stephanie Grisham said that the Department of Homeland Security could implement its regulation from Monday.

The rule on legal immigrants defines how the US government will classify a foreigner as admissible, and also whether he/she would be eligible to adjust their status to that of America’s lawful PR or if they could at any point become a public charge, that means that they would rely primarily on the American government for subsistence like either receiving cash assistance from the government to maintain their income or long-term institutionalized care at the expense of the government.

The rule will impact many Indians and their families. According to the new rule, it is a requirement for the people seeking an extension, stay or change of status to show that they have received no public benefits over the allowed limit since getting their non-immigrant status.

According to a 2018 Migration Policy Institute Report, 11% of non-citizen Indian families receive public benefits. All of these families and the benefits they receive will now be under the scanner.

The rule, which was published last year on August 14, 2019, was originally supposed to come into effect on October 15, 2019. However, it was deferred because of various court rulings before the SC finally ruled in favor of the government.