Legal Expertise You Can Rely On

By:  Santiago J. Padilla, Esq.

Many of our clients with Nonimmigrant Visas, such as E-2, L-1A, H-1B or other Nonimmigrant Visas, ask if they can obtain health insurance by applying under Obamacare, also known as the Affordable Care Act (the “ACA”). The major concern is whether or not applying for and receiving health insurance benefits under the ACA constitutes receiving a public benefit, which may make the nonimmigrant ineligible to later obtain permanent residency. Specifically, an applicant for permanent residency may be ineligible for permanent residency if he or she has ever received supplemental security income, or other cash benefit under so-called general assistance programs.

However, the ACA is not considered a public benefit program. As such, a Nonimmigrant Visa Holder may apply for health insurance under the ACA because receiving health insurance under the ACA is not considered receiving a public benefit. 

The ACA provides most uninsured people in the U.S. with access to health insurance, but in order to qualify for the ACA, the applicant must show that he or she has limited income. However, the ACA is not available to those not lawfully present, so a Nonimmigrant Visa holder that seeks to apply for health insurance under the ACA must maintain his or her immigration status.

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If you have any questions regarding immigration law, please contact me, Santiago J. Padilla, Esq., at 305-824-2400 or via email at sjp@padillalawoffice.com.