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Last month, President Joe Biden (“President Biden”) wrapped up his first 100 days as President of the United States – focusing on a myriad of issues from the Coronavirus pandemic (“COVID-19”) to America’s immigration system. Inasmuch as immigration affairs remained at the forefront under the previous administration, America’s immigration system continues to be a pressing topic for the Biden administration. President Biden has taken various actions and positions on key immigration issues, many of which could significantly impact businesses that regularly employ foreign nationals.
Public Charge Regulations
Under the so-called “Public Charge Rule,” foreign nationals who are likely to become a public charge are considered inadmissible to the United States and ineligible to become a lawful permanent resident (more commonly known as a Green Card holder). The Trump administration expanded the federal government’s interpretation of the Public Charge Rule to make foreign nationals that received one or more public benefits for more than twelve months within any thirty-six-month period inadmissible. Under the new interpretation, foreign nationals applying for a Green Card were required to submit significant personal financial documentation, which resulted in longer benefit processing times.