Not-for-Profit Organization

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On October 2, 2020, the U.S. Department of Homeland Security published a Notice of Proposed Rulemaking governing the “Affidavit of Support” requirements under section 213A of the Immigration and Nationality Act. Certain immigrants seeking to come to the United States are required to submit an Affidavit of Support signed by a sponsor who agrees to provide financial support to the sponsored immigrant. The Proposed Rule would impose onerous requirements on petitioning sponsors and joint sponsors, thereby making it more difficult for many noncitizens to immigrate to or remain in the United States, which can in turn have the negative effect of separating, or prolonging the separation of, immigrant families.

Among other sweeping changes, the Proposed Rule would impose the following burdens on potential financial sponsors and joint sponsors:

  • The sponsor must find a joint sponsor if (i) he or she used any amount of means-tested public benefits during the three years prior to submitting the Affidavit of Support, or (ii) the petitioning sponsor had a judgment entered against him or her at any time for failing to meet any prior sponsorship or household member obligation.
  • An individual cannot be a joint sponsor if (i) he or she has received means-tested public benefits during the previous three years, or (ii) had a judgment entered against him or her for failure to meet sponsor or household member obligations.
  • Sponsors must comply with burdensome and intrusive requests for sensitive personal information, including three years of bank account and tax documentation.
  • Significant limitations will be placed on the class of people who can be considered “household members” for purposes of adding their incomes to the sponsor’s income. For example, to combine the intending immigrant’s income with the sponsor’s, the immigrant and the sponsor must plan to live in the same household.

On a daily basis we are inundated with news and information from all over the world. My morning paper, evening news, and daily smartphone alerts are primarily focused on the United States’ political climate, natural disasters, violence, and other harrowing stories of people in need. Our newsfeed can seem to create a barrier between us and those we could help. I often feel it seems that those most in need are furthest from our reach. Yet it is important to remember how much work there is to be done right outside our own doors.

Prior to joining the Corporate Social Responsibility team at Proskauer this spring, I spent three years working in fundraising and development at Citymeals on Wheels. While the projects I worked on varied, I always took pride in knowing that my work supported Citymeals’ mission of providing nutritious meals to homebound seniors in need. People are often surprised by the scale of Citymeals’ work. The organization delivers to more than 18,000 elderly New Yorkers, resulting in over 2 million meals every year. And while these numbers are truly staggering, Citymeals’ recipients only account for a small percentage of New Yorkers who face the growing struggles of food insecurity.

For those of you who have not had the experience, allow me to share with you the magic of doing a “build” with Habitat for Humanity.  First, while most everyone has heard of this organization, many may not fully understand what it does and how it works.  In short, Habitat is a non-profit that helps families and improves places to call home. But this includes more than simply building new residences (both homes and town-houses), but also helping renovate homes for the disabled and those in need.

The scope and benefits that Habitat provides extend beyond the family living in the houses served, and include improving the surrounding communities.  I have seen this firsthand as a member of the board for the local Habitat chapter here in Los Angeles.

Three years ago Habitat built houses in a distressed area of Long Beach. Having the new homes, and owners that took good care of them, has really turned around that community.  Not only did we build new homes in Long Beach, we also made cosmetic and capital improvements to others in the surrounding areas, in houses where the owner was disabled, senior, or otherwise unable to do the work. This area now has playgrounds, parks and a sense of community.

Amanda Nussbaum, a partner in the Tax Department and a member of the Not-for-Profit Group at Proskauer, chairs a comprehensive seminar each fall for non-profits to discuss current developments and topics of interest related to tax, labor, governance and benefits.

This year marked the Firm’s 22nd conference.