Public Charge Rule to Take Effect Feb. 24

Filed in Codes and Regulations, Labor, Safety and Health, Legal by on February 13, 2020 1 Comment

The Trump Administration’s Public Charge rule, which NAHB fears could impede legal immigration at a time when the residential construction industry is facing a significant labor shortage, is set to take effect on Feb. 24.

The rule was previously on hold after several courts delayed its implementation, but the Supreme Court lifted these stays on Jan. 27.  As a result, the rule will commence on Feb. 24 throughout the United States except in Illinois, where a separate court injunction still stands.

Once the rule is enacted, NAHB members with immigrant employees who are seeking permanent residency, a visa change, or extension, or any other change in their immigration status may experience a major increase in paperwork obligations and should expect significant processing delays as the rule’s more onerous requirements are implemented.

Finalized last year, the rule expands the definition of who is considered a “public charge” to include immigrants receiving government assistance through a variety of programs, including housing assistance and food stamps.

The rule’s provisions apply to foreign nationals seeking permanent residence in the U.S. and to nonimmigrant workers seeking to extend their stay or to change their visa status.

The Department of State is seeking expedited rulemaking aimed at making the same “public charge” definition at consulates abroad.

More specific information for employers can be found here.

For more information contact Amy Chai at 800-368-5242 x8232.

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