Who is subject to the new health insurance requirement?

Starting November 3, applicants for immigrant visas will be required to show that they will have health insurance within 30 days of entry to the United States or the financial resources to pay for reasonably foreseeable medical expenses, according to a presidential proclamation.

Among those exempt from the requirement are: nonimmigrant visa applicants, unmarried children of U.S. citizens, parents of adult U.S. citizens, and foreign nationals who obtain an immigrant visa before November 3.

A federal court could block the new requirement either prior to or after its November 3 effective date. Earlier this week, a lawsuit was filed challenging this requirement.

The new requirement applies to immigrant visa applicants at a U.S. consulate abroad, including employment-based, family-based and Diversity Visa applicants. The following immigrant visa applicants are exempt:

  • Foreign nationals holding an immigrant visa issued before 12:01 a.m. eastern daylight time, November 3, 2019, the rule’s effective date;

  • Most unmarried children of U.S. citizens who are under the age of 21, including orphaned children adopted abroad and orphaned children to be adopted in the United States;

  • Children under the age of 18 unless they are accompanying a parent who is subject to the proclamation;

  • Parents of U.S. citizens who are 21 or older, provided that the adult child can demonstrate that the parent’s healthcare needs will not pose a substantial burden on the U.S. healthcare system;

  • Returning residents;

  • Iraqi or Afghan translators and interpreters, as well as Iraqis and Afghans who worked for or on behalf of the U.S. government;

  • Foreign nationals whose entry would further U.S. law enforcement endeavors; and

  • Any foreign national whose entry would be in the national interest.

The proclamation will not apply to applicants applying to adjust status from within the United States, or foreign nationals applying abroad for nonimmigrant visas, such as B-1/B-2, H-1B, L-1A/L-1B or O-1 visas. 

This post is for informational purposes only. Please contact our office for specific guidance.



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