Yet Another Obstacle in the Path of Obtaining a US Student Visa?  

Sadly, YES, if this proposal becomes law.  From the horse’s mouth:  

Section 212(a)(4) of the INA: Any alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission or adjustment of status, is likely at any time to become a public charge is inadmissible[…] In determining whether an alien is excludable under this paragraph, the consular officer or the Attorney General shall at a minimum consider the alien’s-(I) age; (II) health; (III) family status; (IV) assets, resources, and financial status; and (V) education and skills . . . .

As Fragomen pointed out in its analysis of this proposed regulation, If finalized in its current form, the rule would require foreign nationals submitting an application for adjustment of status, a visa or a change or extension of nonimmigrant status to establish that they are financially self-sufficient.

If you’re up to it, here’s the full-length version (PDF) published in the Federal Register, a publication I once had to scan back in the day because it was part of my job.  

While I thought this would be covered by the second criterion in the student visa process, namely, ability to pay, this rule sets the bar even higher and gives consular officers the world over yet another reason to just say no.  (This time we’re talking about student visas not drugs a la Nancy Reagan.)  

According to Ware Immigration, any of the following factors could become a “negative factor” that convinces DHS you are likely to become a public charge:

• Prior or current use of certain public benefits including:  receipt of benefits for U.S. citizen dependent children who are eligible to receive them.
• Receiving public benefits for more than 12 cumulative months during a 36-month period.
• Being older than 61.
• Being younger than 18.
• Having any medical condition that could interfere with school or work.
• Having insufficient resources to cover debilitating medical conditions.
• Not having private health insurance.
• Having several children or other dependents.
• Having financial liabilities.
• Having “bad credit” or a low credit score.
• Having no employment history.
• Not having a high school diploma or higher education.
• Not having “adequate education and skills” to hold a job.
• Not speaking English.
• Receiving an application fee waiver from DHS.
• Having a sworn financial sponsor whom DHS feels is “unlikely” to follow through.

This is not good news for a country already experiencing declining international enrollments for a host of social, political, and economic reasons, as well as push and pull factors related to other leading host countries.  Add this to a long list of negatives.  The perfect storm, indeed.  

The “glass half-empty” part of me sometimes wonders why the Trump Administration doesn’t just cut to the chase and hang out a sign, digital and offline, that says International Students (and Other Foreigners) Are No Longer Welcome Here.  

Shalom (שלום), MAA