The Department of Homeland Security has proposed rescinding the Biden Administration’s “public charge” rule so it can include non-cash benefits when determining whether an alien is likely to be financially dependent on the government. This could increase documentation requirements and processing times for some employment-based immigration cases.

The 2022 rule allows DHS to deny a petition to adjust immigration status or extend a stay because an alien is, or is likely to become, a public charge. The proposal would remove current restrictions prohibiting DHS from considering non-cash benefits such as Medicaid and SNAP. The proposal states DHS’s intent to publish interpretive tools to guide determinations of public charge inadmissibility after it rescinds the 2022 regulations.

If finalized, the rescission could lead to increased documentation requirements and longer processing times for applications for employment-based green cards and some visas. Although the rescission of the 2022 rule should not affect most green card or visa applicants, employers should still be prepared for possible compliance burdens and longer processing times.

The proposed rule’s 30-day public comment period is expected to run through December 19, 2025.

Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.