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How does the U.S. government determine “public charge” inadmissibility, and how can businesses mitigate this risk for their employees?

The U.S government determines public charge inadmissibility by assessing whether a non citizen is likely at any time to become primarily dependent on the government for subsistence. 

Under INA212, officers are required to consider specific minimum factors in determining whether an applicant seeking admission to the U.S is likely at any time to become a public charge. 

The key factors considered include the applicant’s:

Age, health, family status, assets, resources, financial status, education and skills.

The public charge inadmissibility determination is a prospective determination based on the totality of an applicant’s circumstances. In making such a determination, USCIS reviews all information in the record, any current or past receipt of public cash assistance for income maintenance or long term institutionalization at government expense is taken into account. 

Enrollment in U.S. health insurance is an important factor, although many applicants will not qualify for it due to their immigration status.

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