Amid US President Donald Trump’s push for tougher immigration and visa enforcement, the US Citizenship and Immigration Services (USCIS) has unveiled a regulatory package that could tighten the public plea of inadmissibility.
The package could potentially subject green card applicants to greater scrutiny of their use of public benefits. The package, filed with the Office of Information and Regulatory Affairs (OIRA) on Nov. 3, is listed on the federal regulatory review website as a proposed rule, according to a Newsweek report.
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The text of the proposal has not yet been released, so the specific changes USCIS may implement remain unclear.
What does it concern?
If the proposal moves to formal rulemaking with notice, it would represent a major reversal from the 2022 public fee policy, which limited consideration to cash-based Social Security and government-funded long-term care while excluding non-cash programs such as SNAP, standard Medicaid, housing assistance and WIC, the Newsweek report said.
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The Immigration and Nationality Act, part of the Immigration and Nationality Act, authorizes US agencies to block entry or change status for non-citizens who are deemed susceptible to heavy dependence on government assistance.
Should Indians be worried?
The change is in line with Trump’s pledge of mass deportations, H-1B restrictions and an end to “genealogical citizenship,” signaling a tougher stance on family-based and job-based immigration, routes heavily used by Indians.
India is the largest source of US green card applicants (over 70,000 per year through employment, family ties), with a backlog exceeding 1 million in the EB-2/EB-3 categories. Indians, particularly H-1B holders, green card applicants, and parents sponsoring LPRs, face increased risk under the renewed rule.
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Highly qualified workers: Many H-1B Indians eschew benefits to remain eligible for “public fees,” but dual-income families with US-born children often use SNAP or school lunches during the transition to employment. A broader rule could mark even minimal use, which would complicate status adjustments. Employment-based routes remain safer for Indian applicants, but consular interviews in Mumbai and Delhi often point to low liquid assets. Green card holders retain their status, although family support is extremely tough under the tighter I-864 controls.
Family Immigration: Family petitions (IR-5 for parents) may be denied if household income falls below 250-300% of the poverty guidelines or if applicants have ever used SNAP/Medicaid.
A report by the Migration Policy Institute (MPI) projected a 20–30% increase in denials of family petitions (like IR-5) under the expanded rules; highlights that Indian nationals (38% of EB backlog) face asset checks during consular processing.
Subsidy: Indians often take advantage of subsidized programs such as CHIP (Children’s Health Insurance) or student aid. If this counts towards the ‘total number of circumstances’ (income, health, skills) it could discourage applications or lead to more requests for evidence (RFEs).
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The MPI report said documents show a 15-25% drop in Medicaid/SNAP enrollment among immigrant families (including South Asians) due to deteriorating health access during crises like COVID.
An analysis of the “Chilling Effects of Public Charge Policies” by the National Immigration Law Center (NILC) shows a 15-25% drop in benefits among Asian immigrants, including Indians, and further warns of health barriers for LPRs and claimants.
A silver lining?
However, OIRA’s listing confirms that USCIS has referred the proposed regulation for mandatory review, which is a prerequisite for issuing a notice of proposed rulemaking in the Federal Register. Such a notice would open a period for public comment and offer additional enforcement details.
Since January, 80,000 nonimmigrant visas have been revoked
President Donald Trump’s administration has revoked about 80,000 nonimmigrant visas since his inauguration on Jan. 20 for offenses ranging from DUI to assault and theft, a senior State Department official said Wednesday.
The scale of the cancellations, first reported by the Washington Examiner, reflects a broad crackdown on immigration launched when Trump took office, deporting an unprecedented number of migrants, including some who had valid visas.
The administration has also adopted a stricter visa policy with stricter social media screening and expanded vetting.
About 16,000 visa cancellations were linked to drink-driving cases, while about 12,000 were for assault and another 8,000 for theft.
US Secretary of State Marco Rubio said in May that he had revoked the visas of hundreds, possibly thousands, of people, including students, for engaging in activities that he said ran counter to US foreign policy priorities.
This year’s US State Department directives ordered US diplomats abroad to be vigilant against any applicants Washington might consider hostile to the United States and with a history of political activism.
Trump administration officials have said the student visa and green card holders are being deported because of their support for the Palestinians and criticism of Israel’s conduct in the Gaza war, calling their actions a threat to US foreign policy and accusing them of being pro-Hamas.
