Recently the Trump Administration released a draft proposal aiming to restrict immigrants to US especially the low-income immigrants to receive a green card or come to the US if there is the probability that they may likely to avail the benefits provided by the Government of the US such as Medicaid and food stamps.
In the US, public charge means specific benefits offered by the US government above the defined quantum of duration.
The above proposal was released on 22nd September and it is expected to overhaul as to how the US Government evaluates as to whether an immigration applicant is “Is not likely to be public charge”.
Most of H-1B visa holders are Indians, there is less likely they would get affected by this proposal but they must submit an attested self-sufficiency declaration when they apply for extension or change in status from student visa to H-1B or from H-1B to Green card.
The US immigration department would now consider below factors to determine as to whether the applicant could be a public charge.
The H-1B visa holders are not a public charge. In future, while applying for a visa extension, the H-1B visa holder would require to attest that they have not received and are not likely to get public benefits above certain specified thresholds.
The H-1B visa holder employers are required to pay wages at least equivalent to the actual wages paid to others, having similar experience and qualification for the same job or they need to pay the prevailing wages for the occupation, whichever is higher.
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