Page 22 - GSABA Builder Brief March 2020

IMMIGRATION
Trump Administration's Public Charge Rule
EFFECTIVE FEB. 24TH
The Trump Administration’s Public Charge rule, which NAHB fears could im- pede legal immigration at a time when the residential construction industry is facing a significant labor shortage,took effect on Feb. 24.
The rule was previously on hold after several courts delayed its implementa- tion, but the Supreme Court lifted these stays on Jan. 27. As a result, the rule commenced on Feb. 24 throughout the United States.
NAHB members with immigrant em- ployees 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 receiv- ing government assistance through a variety of programs, including housing assistance and food stamps.
The rule’s provisions apply to foreign na- tionals seeking permanent residence in the U.S. and to non-immigrant 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 information can be found at www.fragomen.com/insights/alerts/ uscis-prepares-implement-public- charge-regulation.
This article was originally published at NAHBnow.org
What You Need to Know
What Does Public Charge Mean?
A person has been considered a “public charge,” if the person was primarily dependent on the government for subsistence.
How Do You Define Who is Dependent on Government Assistance?
A person will be considered a public charge if the person uses one or more of an expanded list of public benefits for a total of 12 months during a 36-month period, calculated so that the use of two benefits in 1 month counts as having received 2 months of benefits.
Is Public Assistance Received Before Feb. 24th Considered?
The final rule applies only to applications and petitions for public benefits postmarked (or submitted electronically) on or after Feb.24, 2020. In other words, only benefits received after Feb. 24, 2020 are considered.
How are Employers Affected?
Employers may be exposed to intimate details of employees’ lives in ways that implicate both privacy and employment law considerations. Employers will have to supply employees with documentary evidence of salary and employer-provided health insurance. Longer processing time for applications is also to be expected. The new rules are expected to reduce immigration and therefore the labor force overall.
For more information contact NAHB's Amy Chai at 800-368-5242 x8232
22
MARCH 2020 | GREATER SAN ANTONIO BUILDERS ASSOCIATION