Page 7, Part 6.
Information About The Beneficiary’s Public Benefits
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[Page 7]
Part 6.
Information About The Beneficiary’s Public Benefits
In general, a
condition of the approval of a request to extend the beneficiary’s
stay or change the beneficiary’s status is that the
beneficiary must demonstrate that, since obtaining the
nonimmigrant status that you seek to extend or from which you seek
to change on behalf of the beneficiary, he or she has not received
one or more public benefits as set forth in 8 CFR 212.21(b) (and
listed below), for more than 12 months in the aggregate within any
36-month period (such that, for instance, receipt of two benefits
in one month counts as two months). This condition only applies
to beneficiaries who are seeking to change status or extend their
stay in the United States. Therefore, you only have to complete
the information in Part 6. if you are also requesting an
extension of the beneficiary’s stay in the United States or
a change of the beneficiary’s status with this petition. If
you are filing this petition without a request for the
beneficiary’s change of status or extension of stay, you may
skip Part 6.
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[Page 7]
Part 6.
Information About The Beneficiary’s Public Benefits
NOTE: On
July 29, 2020, the U.S. District Court for the Southern District
of New York (SDNY) in State of New York, et al. v. DHS, et al. and
Make the Road NY et al. v. Cuccinelli, et al. enjoined the
Department of Homeland Security (DHS) from enforcing, applying,
implementing, or treating as effective the Inadmissibility on
Public Charge Grounds Final Rule (“Public Charge Final
Rule”) for any period during which there is a declared
national health emergency in response to the COVID-19 outbreak.
(84 FR 41292, Aug. 14, 2019, final rule; as amended by 84 FR
52357, Oct. 2, 2019, final rule correction). Subsequently, on
August 12, 2020, the U.S. Court of Appeals for the Second Circuit,
in State of New York, et al. v.
DHS, et al. and Make
the Road NY et al. v. Cuccinelli,
granted an administrative stay of the July 29, 2020 nationwide
injunction in all states outside of the Second Circuit, i.e. all
states except New York, Connecticut, and Vermont. This stay allows
DHS to continue implementing the Public Charge Final Rule
everywhere except in New York, Connecticut, and Vermont.
During the
injunction, petitioners requesting an extension of stay or change
of status on behalf of a beneficiary using Form I-129, in which
the petitioner/employer has a physical address or in which the
beneficiary physically resides in New York, Connecticut, or
Vermont, should not provide information requested in Part
6. Information Beneficiary’s Public Benefits or
the Information about Additional
Beneficiary’s Public Benefits
in Attachment-1.
[no changes]
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