The United States is preparing to tighten its assessment criteria for green card applicants under a revised public charge regulation set to take effect on 18 September 2026.
Published in the Federal Register on 20 July, the Department of Homeland Security’s new final rule rescinds the 2022 framework. According to updated guidance published on the U.S. Citizenship and Immigration Services (USCIS) website, the policy targets immigrants applying to adjust their status to lawful permanent residence.
A public charge generally refers to an individual deemed likely to become primarily reliant on state assistance for survival. In line with the updated approach, USCIS noted that the policy aims to mirror congressional intent that non-citizens remain self-sufficient rather than relying on taxpayer-funded welfare.
To evaluate whether an applicant is likely to become dependent on state support, officers will evaluate five key statutory elements: age, health, family status, financial standing and assets, along with education and skill levels. Officers may also evaluate an applicant’s receipt of means-tested benefits.
While public cash assistance for income maintenance and long-term institutionalisation at public expense will be evaluated for benefits obtained prior to 18 September 2026, a significantly wider range of means-tested support will be scrutinised for benefits received on or after that date.
“USCIS will review all relevant evidence in an alien’s record and make case-by-case decisions in the totality of the alien’s circumstances,” the agency stated, emphasising that determinations will be based on overall context rather than a single isolation factor.
The revised rules will apply strictly to Form I-485 applications postmarked or submitted electronically on or after 18 September 2026. However, exemptions remain intact for several groups, including refugees, asylees, human trafficking and crime victims, special immigrant juveniles, and self-petitioners under the Violence Against Women Act.
Additionally, USCIS will maintain its public charge bond system. If an otherwise eligible applicant is found inadmissible purely on public charge grounds, the agency may offer them the opportunity to post a financial bond. The required bond amount will reflect the level of state assistance the applicant could potentially qualify for and collect over the subsequent five-year period.