Top Questions Employers Need to Know How to Answer about the Public Charge Rule Affecting Their Visa Holders

The administration’s new “public charge” rule went into nationwide effect last week, following a US Supreme Court ruling lifting the last remaining injunction, which previously insulated Illinois residents from the rule. As of February 24, 2020, recipients of certain government cash and non-cash benefits may not be able to extend or change their nonimmigrant status in the United States. The receipt of such public benefits similarly will count heavily against an applicant’s eligibility for US permanent residency (the “green card”). The new rule is expected to affect millions of noncitizens and their US citizen family members. In this Legal Update, we have compiled answers to the top questions about the rule’s impact that employers need to know.