**UPDATE** on November 2, 2019, a District Court judge in Oregon granted a nation-wide temporary restraining order which prohibits the implementation of the new policy based on the presidential proclamation described below.
October 15, 2019: On October 4, 2019, the President issued Presidential Proclamation 9945, which will prevent new immigrants from entering the U.S. on immigrant visas who do not have unsubsidized health insurance.
Starting November 3, 2019, foreign nationals applying for immigrant visas overseas must prove that either they will acquire approved health insurance within 30 days of entering the U.S. on that immigrant visa, or that they will have the means to pay for reasonably foreseeable medical expenses while in the U.S. Failure to do so will result in the denial of their immigrant visa application.
This proclamation is only aimed at foreign nationals seeking to obtain permanent residence through a consular interview abroad, and does NOT apply to the following people:
- Foreign nationals applying for any type of nonimmigrant visa (such as B, E-3, F, H-1B, J, L, O, TN, etc.)
- Foreign nationals already in the U.S. applying for permanent residence via the I-485 adjustment of status application process
- Foreign nationals holding an immigrant visa issued before 12:01 am on November 3, 2019
- Refugees or asylees
- Most unmarried children of U.S. citizens under 21
- Children under the age of 18, unless accompanied by a parent who is subject to this proclamation
- Parents of U.S. citizens who are 21 or older, as long as the parents’ healthcare needs will not burden the U.S. healthcare system
- Returning permanent residents
- Iraqi or Afghan translators and interpreters (or other Iraqis or Afghans who worked for or on behalf of the U.S. government)
- Foreign nationals whose entry would further U.S. law enforcement objectives
- Foreign nationals who entry would be in the national interest of the U.S.
Acceptable health insurance plans include, but are not limited to, the following:
- An employer-sponsored health plan, including a retiree plan
- An unsubsidized health plan obtained on a state market
- A short-term or visitor plan
- A catastrophic plan
- A family member’s health plan
- Medicare
- Any other health plan that provides adequate coverage for medical care as determined by the Secretary of Health and Human Services
Subsidized health insurance under the Affordable Care Act (ACA) exchanges will NOT be considered to be an acceptable health insurance plan.
The text of the proclamation is available at https://www.federalregister.gov/documents/2019/10/09/2019-22225/suspension-of-entry-of-immigrants-who-will-financially-burden-the-united-states-healthcare-system-in; and also at https://www.whitehouse.gov/presidential-actions/presidential-proclamation-suspension-entry-immigrants-will-financially-burden-united-states-healthcare-system/.