1. What is the new U.S. work visa and public charge rule?

The new U.S. work visa and public charge rule is a policy set forth by the Trump administration that would deny visas or permanent residence to individuals who are deemed likely to become dependent on government assistance. The rule takes into account factors such as age, health, family size, income, education level, and more when making a decision on whether or not to grant a visa or green card. The policy is set to take effect on October 15, 2019.

2. How will the new U.S. work visa and public charge rule affect foreign workers?

The new U.S. work visa and public charge rule will make it more difficult for foreign workers to obtain and maintain visas. Under the new policy, foreign workers must demonstrate that they have the financial means to support themselves and are not likely to become a public charge. This means that they must show that they have the financial resources to cover their living expenses, such as rent, health care, and food. The new rule also requires that foreign workers have a job offer, with a salary that meets certain standards, in order to be eligible for a visa. Foreign workers could also face stricter scrutiny during the visa application process, including additional documentation and background checks.

3. Are there any exceptions to the new U.S. work visa and public charge rule?

Yes, there are several exceptions to the new U.S. work visa and public charge rule. These include refugees and asylees, certain nonimmigrants, those with special immigrant juvenile status, victims of human trafficking and domestic violence, and certain people applying for a change of status. Additionally, certain applicants are exempt from the public charge test altogether. These include those who are under the age of 18, those who are pregnant, those who are receiving active-duty service in the U.S. armed forces, and those who have been granted humanitarian parole by the Department of Homeland Security.

4. What are the implications of the new U.S. work visa and public charge rule for employers?

The new U.S. work visa and public charge rule have far-reaching implications for employers. Employers must review the requirements for all employees with existing visas and take action to make sure they are meeting the new requirements, or risk being subject to hefty fines or other penalties. Additionally, employers must adjust their hiring practices to ensure they are hiring only those individuals eligible under the new criteria, or risk violating immigration law. Finally, employers must be aware of potential public backlash from advocacy groups and be prepared to respond appropriately.

5. How will the new U.S. work visa and public charge rule impact the labor market?

The new U.S. work visa and public charge rule is expected to have a significant impact on the labor market. The new rule will make it more difficult for immigrants to obtain permanent residency if they have used public benefits in the past, such as food stamps or housing assistance, which could lead to fewer foreign-born workers entering the U.S. labor force. This could lead to a tightening of the labor market, as employers may find it more difficult to fill open positions with qualified employees. Additionally, the new rule could lead to a decrease in wages for some low-skilled jobs, as employers may be able to pay lower wages in light of the tighter labor market.

6. What are the potential consequences for foreign workers who violate the new rule?

The potential consequences for foreign workers who violate the new rule can vary depending on the specific situation. Generally, however, foreign workers may face deportation, fines, or other legal repercussions. They may also have their visas revoked and be barred from entering the country in the future.

7. What documents or evidence can be used to prove that a foreign worker is self-sufficient under the new rule?

Under the new rule, foreign workers can prove their self-sufficiency with evidence such as bank statements, proof of employment, proof of income, tax returns, and other financial documents.

8. Will foreign workers be able to apply for a green card or citizenship under the new rule?

No, the new rule does not provide a pathway to permanent residency or citizenship for foreign workers.

9. What is the best way to ensure compliance with the new U.S. work visa and public charge rule?

The best way to ensure compliance with the new U.S. work visa and public charge rule is to consult with legal counsel for specific questions and to carefully read all regulations and guidance regarding the new rule. Additionally, staying up-to-date on changes or potential changes to the rule can help ensure compliance. Employers should also educate their employees on the new rule and ensure they understand all guidelines and requirements.

10. What is the definition of public benefits for purposes of the new rule?

Public benefits, for purposes of the new rule, are defined as any federal, state, or local government program that provides cash assistance, health care, food assistance, housing access, or other services and benefits. This includes programs such as Medicaid, Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families (TANF), and public housing.

11. Is there an age limit for applicants who wish to be exempt from the new U.S. work visa and public charge rule?

No, there is no age limit for applicants who wish to be exempt from the new U.S. work visa and public charge rule. If an applicant is eligible for one of the exemptions or waivers, they may apply regardless of their age.

12. What types of medical benefits are excluded from consideration under the new rule?

The new rule excludes consideration of any medical benefits not related to the diagnosis, treatment, or prevention of COVID-19. Examples include routine physical exams, elective surgeries, prescription drugs unrelated to COVID-19, and vision care.

13. Are foreign students subject to the new U.S. work visa and public charge rule?

Yes, foreign students are subject to the new U.S. work visa and public charge rule. They must meet all the eligibility requirements, including a self-sufficiency requirement, in order to receive authorization to work and remain in the United States.

14. How can employers prove that they have met their obligations under the new rule?

Employers can prove they have met their obligations under the new rule by providing documentation showing that they have taken all required steps to ensure a safe and healthy workplace. This can include employee training, record keeping, and compliance with applicable laws and regulations. Employers can also provide evidence of any changes they have made to their policies or procedures in response to the new rule.

15. Are any forms required for employers to demonstrate compliance with the new rule?

Yes. The U.S. Department of Labor (DOL) has developed forms employers must use to document their compliance with the new rule. These forms are “FLSA-9,” which is used to document the total hours worked by employees, and “FLSA-10,” which is used to document the wages paid to employees.

16. When will these changes go into effect and will there be any phase-in period?

The changes will go into effect on January 1, 2021. There may be a phase-in period depending on the specific changes that are being implemented.

17. What types of assistance are counted as “public benefits” when determining eligibility for a U.S work visa under the new rule?

Under the new rule, public benefits include cash assistance such as Temporary Assistance for Needy Families (TANF), Supplemental Security Income (SSI), and non-cash assistance such as Supplemental Nutrition Assistance Program (SNAP), Medicaid, and housing assistance.

18. What are some of the potential penalties an employer may face for failing to comply with the new U.S work visa and public charge rules?

The potential penalties an employer may face for failing to comply with the new U.S work visa and public charge rules include: civil monetary penalties, fines, back wages, and/or jail time. Additionally, employers may be subject to investigation and/or enforcement action by federal agencies such as the Department of Homeland Security (DHS), the Department of Labor (DOL), and the Department of Justice (DOJ).

19. Are there any special considerations for individuals from certain countries who apply for a U.S work visa under the new rule?

Yes, there are special considerations for individuals from certain countries who apply for a U.S work visa under the new rule. The U.S Department of State has issued a proclamation that temporarily suspends the entry of certain immigrants and nonimmigrants from certain countries. This proclamation applies to citizens of certain countries who are outside the United States and do not have a nonimmigrant visa that is valid on the effective date of the proclamation. It also applies to those who do not have an official travel document other than a visa, such as an advance parole document, that is valid on the effective date of the proclamation or issued thereafter authorizing travel to the United States. Furthermore, the proclamation does not apply to individuals who are lawful permanent residents of the United States or those with a valid nonimmigrant visa on the effective date of the proclamation.

20. Are there any waivers available to foreign workers who cannot meet the requirements of the new rule due to extraordinary circumstances?

Yes, there are waivers available to foreign workers who cannot meet the requirements of the new rule due to extraordinary circumstances. The U.S. Department of Labor has established a process for employers to request a waiver for these workers.