USCIS’s revised public charge rule will negatively impact international artist mobility to the U.S
On August 14, 2019, the U.S. Department of Homeland Security published a new rule that would expand USCIS’s power to deny certain immigration benefits to foreign nationals who DHS thinks are likely to become reliant on public benefits in the U.S. Under the new rule, USCIS will use a complex test to determine whether a foreign national is likely to become a “public charge.” (For additional details, see this Immigration League Resource Center statement.) Unless the rule is blocked by litigation (several lawsuits have already been filed), it will go into effect on October 15, 2019.
It is important to understand that (so far) USCIS’s new rule will only impact artists who are extending their stays while in the U.S., changing from one visa status to another, or seeking permanent residence. Nevertheless, the rule has the potential to be detrimental to cultural exchange, diplomacy, and mobility:
• It is likely that the rule will negatively impact independent artists, non-commercial artists, and artists from developing economies who choose to pursue their career through long-term stay or residence in the U.S., making the U.S. a less hospitable place for the development of international artists.
• It is likely that the U.S. Department of State will align its policies to USCIS’s new rule, in which case we may see U.S. embassies and consulates more frequently denying visas to artists who are unable to prove that they personally have sufficient wealth. If this happens, it will impact many independent artists, non-commercial artists, and artists from developing economies, and make the U.S. a less viable place for international artists to tour and perform.
• In deciding whether to approve a change of status, extension of stay, or green card, USCIS will evaluate an individual’s prior record of using U.S. federal, state, local, or tribal public benefit programs. If artists know that using public benefits might result in visa problems, they may be afraid to use benefits—even when those benefits are urgently needed.
Tamizdat is developing guidance for USCIS, DOS, and CBP, designed to help officers understand the impact the new rule could have on cultural mobility to the U.S., and to mitigate its impact on the presentation of international performing artists in the U.S.
For more information, the American Immigration Lawyers’ Association has posted this video.