Road to US green card gets tougher; public charge scrutiny to begin Sept 18
New USCIS guidance effective September 18 will increase scrutiny on 'public charge' determinations for green card applicants. This change primarily affects employment-based applicants and assesses their likelihood of needing government assistance.
Why it matters
This policy shift creates significant uncertainty for foreign workers in the US, particularly those in the employment-based green card backlog who may be impacted by recent layoffs.
Indian nationals waiting for employment-based green cards could face broader scrutiny from Sept 18, when new US Citizenship and Immigration Services (USCIS) guidance on ‘public charge’ takes effect.A public charge determination can result in a green card application being denied if USCIS finds that an applicant is likely to become dependent on government assistance. The change is particularly relevant to those who have spent years in the employment-based green card backlog and are preparing to file Form I-485 for adjustment of status to permanent residence (aka green card).The new guidance changes how USCIS officers will assess whether an applicant is likely to become a public charge. Officers will consider the totality of an applicant’s circumstances, including age, health, family status, assets and financial resources, education and skills, as well as other relevant factors.
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