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USCIS Sends Proposed Public-Charge Rule to OIRA, Signaling Possible Tougher Green-Card Scrutiny

OIRA review now serves as the required checkpoint before any notice of proposed rulemaking on changes that remain undisclosed.

Overview

  • The submission was logged on November 3 as a proposed rule and appears on the federal regulatory review website.
  • If moved to formal rulemaking, the proposal could reverse the 2022 policy that limited public-charge consideration to cash assistance and long-term institutional care.
  • The rule text has not been released and USCIS has issued no statement, leaving the substance and timeline unclear.
  • Analysts warn of heightened risk for H-1B holders, Indian nationals, and lawful permanent residents sponsoring parents, with projections of more denials, additional RFEs, and reduced benefit uptake.
  • OIRA review is a mandatory step before any Federal Register notice that would open a public comment period and outline implementation details.