Articles Posted in Proposed rule

5644902252_96862d3a24_b

Photo by Thomas Hawk, Flickr

Extension of TPS Designation for Yemen

The Department of Homeland Security has announced an extension of the TPS designation of Yemen for a period of 18 months, from September 4, 2018 to March 3, 2020.

Re-registration is limited to persons who have previously registered for TPS under the designation of Yemen and whose applications have been granted.

For individuals who have already been granted TPS under Yemen’s designation, the 60-day re-registration period runs from August 14, 2018 through October 15, 2018.

USCIS will issue new EADs with a March 3, 2020 expiration date to eligible Yemeni TPS beneficiaries who timely re-register and apply for EADs

Proposed Rule on Public Benefits

Yesterday, October 10, 2018, a notice of proposed rulemaking (NPRM) was officially published in the federal register for the proposed rule that may soon restrict admission of certain immigrants and non-immigrants reliant or likely to become reliant on public benefits.

The comment period on the proposed rule has begun and will remain open until December 10, 2018. After the period for public comments has closed, the government will review the comments and make any changes to the rule as deemed necessary. The government will then publish a final version of the rule in the federal register, and it will be enforced on or after 60 days from the date of publication of the final rule in the federal register.

Under the proposed rule, receipt of the following types of public benefits would make an applicant a public charge:

  • Federal, state, local or tribal cash assistance for income maintenance
  • Temporary Assistance for Needy Families (TANF)
  • Supplemental Security Income
  • Medicaid (with limited exceptions for Medicaid benefits paid for an “emergency medical condition,” and for certain disability services related to education)
  • Medicare Part D Low Income Subsidy
  • The Supplemental Nutrition Assistance Program (SNAP, or food stamps)
  • Institutionalization for long-term care at government expense
  • Section 8 Housing Choice Voucher Program
  • Section 8 Project-Based Rental Assistance
  • Public Housing
  • DHS is considering adding to the list of included benefits the Children’s Health Insurance Program (CHIP), formerly known as the State Children’s Health Insurance Program (SCHIP)

Continue reading

trump-2045213_1920

On Saturday, September 22, 2018, the Department of Homeland Security announced a new proposed rule that may prevent non-citizens reliant, or likely to become reliant on public benefits, from gaining admission to the United States.  The new proposal entitled, “Inadmissibility on Public Charge Grounds,” has been signed by the Secretary of Homeland Security, and the proposed rule is expected to be published in the federal register in the coming weeks, according to a DHS press release.

APA Procedure

Once the proposed rule has been published in the federal register, the government must allow the public to comment on the proposed rule for a 60-day period. Once that period is over, the government will have the opportunity to review comments and make changes if necessary to the proposed rule. Thereafter, the government will publish a final rule which will become law 60 days after the date of publication.

Who is a Public Charge?

Under the Immigration and Nationality Act, a public charge is defined as an “alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission or adjustment of status, is likely at any time to become a public charge.” Such aliens are not admissible to the United States on public charge grounds.

Applicants seeking admission to the United States should be aware that, “an alien who is incapable of earning a livelihood, who does not have sufficient funds in the United States for support, and who has no person in the United States willing and able to assure the alien will not need public support, generally is inadmissible as likely to become a public charge.”

Continue reading

farewell-3258939_1280

Today, May 25, 2018, the Department of Homeland Security announced that it will be publishing a proposed rule in the Federal Register on May 29th to end the International Entrepreneur Rule, a program that gives foreign entrepreneurs the opportunity to apply for parole to come to the United States for the purpose of developing or starting a business venture in the United States.

As you may be aware, during July of last year, DHS took its first steps to dismantle the program by delaying the implementation of the rule until March 14, 2018. During that time, DHS began to draft a proposal to rescind the rule. In December of 2017 however, a federal court ordered USCIS to begin accepting international entrepreneur parole applications, vacating the delay.

In an act of defiance, DHS is now seeking to eliminate the international entrepreneur rule altogether because the department believes that the rule sweeps to broadly and doesn’t provide sufficient protections for U.S. workers and investors. According to the agency, the international entrepreneur rule “is not an appropriate vehicle for attracting and retaining international entrepreneurs.” This is once again an effort by the Trump administration to undermine Obama era policies such as Deferred Action, to better align with the President’s America-first policies on immigration.

Continue reading

8539048913_3328e8545c_z

On Friday, March 30, 2018, the Department of State published a 60 day notice in the Federal Register entitled “Notice of Proposed Information Collection: Application for Immigrant Visa and Alien Registration,” proposing to require immigrant visa applicants to submit five years of social media history as part of the information requested on the DS-260 Immigrant Visa Electronic Application used by applicants to schedule Immigrant Visa interviews at U.S. Embassies and Consulates worldwide. The DS-260 is an Electronic Form that is completed by immigrant visa applicants and used by consular officials to determine whether the applicant is eligible for an immigrant visa.

Specifically, the Department wishes to, “add several additional questions for immigrant visa applicants. One question lists multiple social media platforms and requires the applicant to provide any identifies used by applicants for those platforms during the five years preceding the date of the application.”

Information provided by immigrant visa applications relating to their social media will be used to enhance “vetting” of applicants to verify their identity, ensure that they meet all visa eligibility requirements, and to prevent individuals from entering the country who pose a threat to the county’s national security, or have been associated with a terrorist organization.

Continue reading