No Green Card If You Rely On Government Benefits? Trump’s New Rule May Hit Indian Workers Hard

Washington: The process of obtaining a green card in America is going to become strict once again. President Donald Trump's administration has issued a new final rule that will reimpose the 'public charge' test on green card applicants. The purpose of this change is to assess whether the applicant will not be dependent on government financial assistance in the future. After the implementation of the new rule, immigration officers will have the right to evaluate each application on an individual level.

What is the 'public charge' test?

In US immigration law, a 'public charge' is considered to be a person who is likely to be dependent on government assistance in the future. When reviewing a green card application, officials will assess several aspects such as the applicant's age, health, education, employment prospects, income, assets, family responsibilities, and financial situation.

However, the application will not be rejected merely on the basis of never availing government benefits in the past. The decision will depend on how dependent the applicant may be on government assistance in the future.

What has changed in the new rule?

Under the new rule, each application will be evaluated holistically instead of any fixed standard. Immigration officials will have greater discretion and will be able to decide whether an applicant is eligible for a green card, based on all available facts and circumstances.

This rule will replace the system implemented in 2022 and will implement the new framework as per the provisions of the US Immigration and Nationality Act.

When will the new rule come into effect?

The U.S. Department of Homeland Security (DHS) has released this rule for public comment. It will be published in the Federal Register on July 20 and if there is no stay from the court, it will become effective 60 days after publication, i.e. on September 18.

Which people will be affected?

This rule will mainly apply to those who apply for permanent residence in the US through 'Adjustment of Status' or immigrant visa.

Its scope may include:

• Family-Based Green Card Applicants
• Employment-Based Green Card Applicant
• H-1B visa holders who are applying for a green card
• Families already living in the US who are in the process of permanent residence

However, there has been no change in the existing conditions of temporary visas like H-1B, F-1, L-1 and B-1/B-2.

Why is this decision important for Indian applicants?

Every year a large number of Indian citizens apply for Green Card under employment and family-based categories. After the new rule, officials will have more freedom to take decisions, due to which the application process may be more detailed and stringent than before. In such a situation, applicants will have to keep the documents related to their financial condition, employment capacity and self-reliance stronger than before.