Biden Revokes Trump Health Insurance Proclamation


On May 14, 2021, President Biden issued a proclamation formally revoking a Trump-era entry ban requiring applicants for an immigrant visa at a consulate to show evidence of (1) a qualifying health insurance plan, such as an employer-sponsored plan, family member's plan, or an unsubsidized plan; or (2) the financial resources to pay for reasonably foreseeable medical costs. Now, applicants for an immigrant visa do not necessarily need to show this evidence.

That said, all applicants for admission—including applicants for immigrant visas, nonimmigrant visas, or adjustment of status—must still show that they are not likely to become a public charge after admission. Factors relevant to this determination include the applicant's medical condition and whether or not the applicant has health insurance to pay for reasonably foreseeable medical costs.

Thus, while it is fortunate that applicants for immigrant visas no longer need to comply with this burdensome Trump-era evidence requirement that effectively disfavored lower-income applicants, the impact of President Biden's proclamation is likely to be modest.

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