The new U.S. 'Inadmissibility on Public Charge Grounds' final rule has officially been implemented nationwide. After long-term deliberation, this regulation has finally been settled.
The final version defines a 'public charge' as a non-U.S. citizen who receives one or more designated 'public benefits' for more than 12 months in total over a 36-month period on or after February 24, 2020. At the same time, in accordance with legal requirements, the U.S. Citizenship and Immigration Services (USCIS) will assess factors such as the non-citizen’s age, health, income, education, and skills to determine whether they are likely to become a public charge at any time.
Following the implementation of the new rule, applicants for both immigrant and non-immigrant visas must demonstrate that they will be 'economically self-sufficient while residing in the United States' and will not become a public charge. This includes: B visas (B-1/B-2), E visas, F visas, H visas (H-1B/H-4), L visas (L-1/L-2), O visas (O-1/O-3), as well as all non-immigrant visas for extension of stay or change of status in the U.S. Furthermore, if an applicant is a part-time student, possesses a work permit from USCIS but cannot prove current employment, or has a medical condition requiring treatment that prevents them from working without private health insurance, they are highly likely to be deemed a 'public charge' by immigration officers.
Additionally, for EB-5 investors, a direct result of this new rule is that investors who meet the requirements and are prepared to submit their I-485 adjustment of status application to USCIS must now submit a new form: Form I-944. Every applicant is required to complete an I-944 form; it is not filed on a family-unit basis. It is important to note that the personal income, asset information, and record of benefit receipt provided in this form will serve as the basis for USCIS to judge whether an applicant will become a public charge. Although benefits received prior to February 24, 2020, will not directly lead to an application denial, they may be considered as a negative factor in the USCIS assessment process.
For EB-5 investors, especially those who have met the requirements and are prepared to file their I-485 applications following the significant advancement of the EB-5 visa bulletin in March, the added complexity of this documentation requires attention. WorldWay Group reminds applicants to prepare I-944 related documentation as early as possible. Of course, there is no need for excessive concern; USCIS conducts a comprehensive assessment based on the applicant's age, health status, assets, and future immigration potential on a case-by-case basis, rather than applying a 'one-size-fits-all' policy.
As is well known, since taking office, Mr. Trump has pursued 'America First' policies and has continuously tightened U.S. immigration policy. With the implementation of the 'public charge' policy, it is clear that the U.S. will favor immigrant groups with high incomes, high academic achievements, and high skill levels, while immigration through family and marital relationships, as well as low-income immigration, may face exclusion.
Since its legislation in 1990, the purpose of the EB-5 investment immigration program has been to attract overseas investment to the U.S. to create jobs, thereby stimulating domestic employment in the U.S. In other words, EB-5 investors are high-net-worth clients. Nevertheless, WorldWay Group reminds all EB-5 investors: be aware of the impact of the new public charge policy upon entering the U.S., and comply with the new rules to avoid issues with future permanent residency caused by excessive reliance on social benefits.
Certainly, from the mass repatriation of illegal immigrants to the building of the border wall, and now the 'public charge' rule, it is evident that President Trump’s campaign promises are gradually being implemented. In the future, we cannot rule out the possibility of stricter policies to limit U.S. immigration. Therefore, for those with a firm requirement to immigrate to the U.S., 'prepare early, apply early, and benefit early' remains an eternal truth!
The Yellowstone Club Phase II EB-5 project currently introduced by WorldWay is one of the few high-quality projects on the market that allows for U.S. immigration at the $900,000 investment level following the implementation of the new USCIS price hike. The project possesses many outstanding advantages, offering EB-5 investors a unique investment opportunity.
Good projects do not wait. The opportunity for low-cost $900,000 immigration to the U.S. must be seized promptly. There are fewer than 40 spots remaining for the Yellowstone Club Phase II EB-5 project; these are rare opportunities, so reserve your spot quickly.
2020 Health and Planning Year! Plan your health and secure your status first. Choose the Yellowstone Club Phase II EB-5 project for your U.S. immigration. For more details, please consult: Mainland China: 400-138-2929, Hong Kong, China: (852)2802 8798.
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