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SCOTUS Rules to lift Injunction on Public Charge Final Rule-What does that mean for employers?

Updated: Aug 1, 2022

What is going on?

In October, I posted about the Public Charge Grounds final rule that amends how the Department of Homeland Security (DHS) determines individuals as inadmissible to the United States based on whether they are considered "likely at any time to become a public charge." Immigrants pursuing permanent residency in the US could be considered a "public charge" based on their possible need for financial assistance from the government. This week, the U.S. Supreme Court (SCOTUS) ruled 5-4 to lift the nationwide injunction that was previously postponing the implementation of the rule.

Why should I care?

The current Administration's final rule and rhetoric is painting an incorrect image of immigrants in our country. The rule is sending the message that immigrants are coming to the U.S. to "take something" from the general public, while the opposite is true. To many people's surprise, the ability to obtain work visas in the U.S. is very restrictive.

For instance, out of the several hundred thousand new H-1B petitions filed each year, only 85,000 are available to be issued per statute. These highly-skilled workers are here to fill open specialty occupation positions, such as software developer roles, professor positions, and others to contribute to the economy. Additionally, most of these positions garner very high salaries. These education and salary statistics provided by USCIS show that people should not fear these professionals becoming public charges.

Business Immigration Lawyer

The information provided here does not constitute legal advice. It is general information regarding law and policy that may be applicable to your particular HR issue or legal problem. Information provided in this blog, or any of our other public posts, does not create an attorney-client relationship. For specific advice you can rely upon, please contact your attorney.

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