The Law Office of Brian D. Zuccaro, PLLC

View Original

NEW PUBLIC CHARGE RULE IN EFFECT TODAY! WHAT'S THE IMPACT ON TN VISA WORKERS?

Brian D. Zuccaro

U.S. immigration is implementing its new public charge rule today that dramatically changes the government’s assessment of whether an individual is inadmissible to the U.S. under the public charge ground of inadmissibility.

This new rule will apply to TN visa workers as follows:

TN VISAS @ U.S. CONSULATE

  • E.g. Mexican Citizens applying for TN visa stamps

  • New Public Charge Rule may apply

  • It is uncertain to what extend officers will conduct public charge assessments in temporary worker visa applications

  • DOS’ Foreign Affairs Manual does state that, e.g. if an applicant establishes that he/she qualifies for a TN visa, this should be sufficient to meet the new public charge rules, absent evidence otherwise

  • The Foreign Affairs Manual also states that officers may ask non-immigrant visa applicants to complete new Form DS-5540, or ask applicants questions from this form

TN VISAS @ U.S. BORDER

  • E.g. Canadian citizens applying for TNs, Canadian citizens seeking entry with approved I-129 TN petitions & Mexican citizens seeking entry with TN visa stamps

  • New Public Charge Rule may apply

  • It is uncertain to what extend officers will conduct public charge assessments during their inspection of temporary visa workers

  • CBP has either not updated its policy guidance, or has not, yet, released its new guidance on this issue

TN VISA MAIL-IN PETITIONS

  • E.g. Canadian & Mexican citizens filing an I-129 petition to change to TN visa status, to change TN employers, or to extend TN visa status

  • New Public Charge Rule does NOT apply, but subject to public benefits condition, which requires applicants to demonstrate that they have not received public benefits since obtaining their current non-immigrant status

TN TO GREEN CARD FILINGS

  • E.g. Canadian & Mexican citizens applying for green cards based on marriage to a U.S. citizen or based on employment

  • New Public Charge Rule applies in family-based applications

  • New Public Charge Rule generally applies to employment-based applications. See USCIS Manual

FOR MORE INFORMATION SEE: