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The Top Issues For Global Employers as Nationwide “Public Charge” Rule Affects Millions of Visa and Green Card Applicants

By Elizabeth (Liz) Espín Stern, Paul W. Virtue, Grace Shie & Timothy C. D'Arduini on March 2, 2020
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As of February 24, 2020, US Citizenship and Immigration Services (USCIS) is free to impose the regulation it unveiled in August 2019, which gives its officers significantly expanded authority to deny visas and green card applications from immigrants and prospective immigrants whom the government determines rely, or could rely, on certain public benefits like food stamps and government housing programs.  A narrowly divided Supreme Court lifted the nationwide injunction in January 2020, ruling 5-4 that the administration could begin enforcing the controversial policy, leaving lower courts to wrestle with multiple lingering legal actions challenging the rule.  On February 21, 2020, the Supreme Court lifted the last remaining injunction, which had applied to Illinois residents.

As a result, USCIS has reissued new versions of existing application and petition forms which include attestations regarding the redefined public charge policy.  USCIS has also issued a new form, “Declaration of Self-Sufficiency” (Form I-944), which requires comprehensive information about a beneficiary and accompanying family’s assets, resources, and financial status, including liabilities, debts, credit report and credit score, health insurance, and public benefits. Form I-944 also requires information about the beneficiary’s educational history and skill level.

Incomplete or inaccurate information on the newly-issued government forms or other immigration-related submissions creates novel risks for visa and green card applicants, including:

1. Findings of inadmissibility and denial of visa benefits or green card applications, including for those who are in the final stages of the sponsorship process.
2. Close scrutiny by the government of the representations made by affected applicants, which, if not accurate or complete, may be deemed to be a misrepresentation, leading to a separate ground of inadmissibility and/or investigation, prosecution, or denial of other government benefits.

As the employer community adjusts to the impact of the new rule, relying on accurate information about the requirements, implementing fluid and reliable procedures to incorporate the new requirements, and ensuring employees have support, are essential. Secure sharing of data to comply with data protection policies and conventions is similarly important. Additionally, because the new rule requires use of new forms, analysis of data, and collection of extensive documentation, tracking deadlines for applications for visas and green cards requires close attention.

Mayer Brown has prepared a summary of the top questions employers need to be prepared to answer, in order to address how their sponsored visa and residency candidates navigate the new rule’s requirements, which may be accessed on our Mayer Brown Global Mobility Perspectives web page.

 

 

Photo of Elizabeth (Liz) Espín Stern Elizabeth (Liz) Espín Stern

Elizabeth Espín Stern, a partner in Mayer Brown’s Washington DC office, leads the firm’s Global Mobility & Migration practice, which forms part of the Employment & Benefits group. She is a seasoned veteran, advising on US and global immigration, HR and mobility services.

Elizabeth Espín Stern, a partner in Mayer Brown’s Washington DC office, leads the firm’s Global Mobility & Migration practice, which forms part of the Employment & Benefits group. She is a seasoned veteran, advising on US and global immigration, HR and mobility services. She is consistently ranked as a leading business immigration lawyer by Chambers Global, Chambers USA, Who’s Who Legal, The International Who’s Who of Business Lawyers, and national and local publications. In addition, she has been named in Best Lawyers in America, Super Lawyers and “Women in Law Awards 2014” by Lawyer Monthly and named one of National Law Journal’s “Outstanding Women Lawyers 2015.” She spearheads Mayer Brown’s new global worksite management initiative. This “Global People Solution” offers multinational clients, in a variety of sectors including financial services, IT, defense, telecommunications and multimedia, a comprehensive compliance and risk management program in connection with their mobile workforce. Liz regularly speaks and writes about immigration policies and contributes to major news agencies and publications, including Law 360, Quartz.com, Global Business News and a host of global HR publications.

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Photo of Paul W. Virtue Paul W. Virtue
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Photo of Grace Shie Grace Shie

Grace Shie is a partner in Mayer Brown’s Washington DC office and a member of the Employment & Benefits group focusing on global mobility and immigration. She advises multinational companies on employee mobility and management of the work corps across the globe, including…

Grace Shie is a partner in Mayer Brown’s Washington DC office and a member of the Employment & Benefits group focusing on global mobility and immigration. She advises multinational companies on employee mobility and management of the work corps across the globe, including in major financial centers and emerging markets. Grace’s background includes five years in Hong Kong where she managed a top-ranked immigration practice covering Greater China and coordinated matters for clients in the Asia-Pacific region. Grace, who is fluent in Mandarin, continues to maintain a practice focus on inbound expatriate movement into China and Hong Kong, as part of Mayer Brown’s new global worksite initiative. In addition, she has a longstanding command of US immigration and manages global immigration matters across all worldwide regions.

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Photo of Timothy C. D'Arduini Timothy C. D'Arduini
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  • Posted in:
    Immigration
  • Blog:
    The Mobile Workforce
  • Organization:
    Mayer Brown
  • Article: View Original Source

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