Recently, the Biden administration announced that it will introduce new regulations to replace the "public charge" rule established by the Trump administration. After initiating the new rule-making process, the Biden administration entered a 60-day public comment period, which will last until October 22, 2021. The public can submit their opinions on the federal government website.
The ultimate goal of the new rule is to define what constitutes a "public charge" and to provide a guiding policy manual to instruct immigration officials on how to determine whether a green card applicant will become a public charge. As part of this rule-making, the Department of Homeland Security aims to codify the definition of public charge as: legally compliant; easily understandable; directly applicable in a fair, consistent, and predictable manner; reflective of national policy considerations; and not imposing excessive barriers on non-citizens seeking entry or adjustment of status in the United States.
As early as March of this year, the Biden administration officially announced the repeal of Trump's public charge rule and reinstated the 1999 interim field guidance on "public charge inadmissibility." Similarly, during the process of formulating and implementing the new public charge regulations, the USCIS will continue to follow the guidelines of the 1999 public charge rule. The USCIS will no longer consider benefits such as Medicaid, public housing, and Supplemental Nutrition Assistance Program as part of the public charge. For EB-5 investors, if they submit an I-485 application in the United States, the I-944 form does not need to be filled out; if they are waiting for an interview at a consulate, the DS-5540 form also does not need to be filled out.
It is evident that during the Biden era, there have been continuous positive developments in terms of specific implementation and immigration policy guidelines. This further proves that immigration policies during the Biden administration may become more open, and we look forward to the implementation of Biden's executive orders on immigration matters. We will keep a close watch on the latest developments and share them with everyone promptly.
Currently, the EB-5 Regional Center Program is still on hold. When and in what manner will it be reauthorized? We will continue to monitor the situation and share updates as soon as they are available. For more details, please call the EB-5 hotline: Mainland China: 400-138-2929 Hong Kong: (852) 2802 8798.
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