Some commenters cited a study that many H-1B custom name jersey chicago bears shirt visa holders make less than the amount necessary to support a family of five and qualify for the proposed income threshold of 250 percent of FPG.
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in the adjustment of status context will generally only be warranted in limited circumstances in which the alien has no heavily weighted negative factors, custom name jersey chicago bears shirt but the presence of any such factors will not automatically preclude USCIS from offering the alien the opportunity to submit a public charge bond. declines to do so. The criteria outlined in the rule balances the need for certainty and predictability with that for flexibility USCIS adjudicators need to account for a wide array of facts and circumstances. For similar reasons, DHS also declines to limit its discretion to only permit submission of a public charge bond by aliens who have obtained and will maintain private health insurance, or to aliens who are members of an existing family unit whose only reason for separation would be an
adverse public charge inadmissibility determination. DHS believes that limited approach would not account for the variety of factual scenarios USCIS may encounter. Furthermore, DHS believes that limiting the opportunity to post a public charge bond to only a particular narrow range of circumstances would unreasonably exclude from the possibility of a bond applicants who might otherwise merit a positive exercise of discretion. Given that a bond is offered to applicants as a matter of discretion on a case-by-case basis, USCIS reserves the right to determine, based on the particular facts of the case, when the alien’s individual circumstances warrant a favorable exercise of discretion. One commenter said the proposed heavily weighted positive factor creates a “Catch-22” for nonimmigrants on student visas who are married to U.S. citizens because they are not allowed to work.