WASHINGTON, D.C. — The United States is preparing to introduce stricter public charge assessments for certain immigrants seeking permanent residence, with the new rules taking effect on September 18, 2026.
The updated guidance from U.S. Citizenship and Immigration Services (USCIS) outlines how immigration officers will assess whether applicants adjusting their status to lawful permanent residents are likely to become a public charge at any point in the future.
Under US immigration law, a public charge generally refers to an immigrant considered likely to become primarily dependent on government assistance for financial support.
Five Factors to Determine Eligibility
Under the revised guidance, USCIS officers will evaluate five key statutory factors when making a determination. These include an applicant’s:
- Age
- Health
- Family status
- Assets, resources and financial situation
- Education and skills
USCIS said officers would examine all relevant information available in an applicant’s record and make decisions based on the totality of the individual’s circumstances.
The agency may also consider additional relevant information, including whether an applicant has received certain means-tested public benefits.
For benefits received before September 18, USCIS said officers will consider public cash assistance for income maintenance and long-term institutionalisation at government expense.
For benefits received on or after the effective date, however, officers will consider a broader range of means-tested public benefits.
New Policy Replaces 2022 Regulation
The changes stem from a Department of Homeland Security final rule rescinding the 2022 public charge regulation. The rule was published in the Federal Register on July 20 and is scheduled to take effect on September 18.
USCIS said the revised approach is intended to reflect congressional policy that immigrants should remain self-sufficient and avoid relying primarily on taxpayer-funded government assistance.
However, the public charge requirement does not apply to every person seeking a green card.
USCIS maintains exemptions for several categories of immigrants, including refugees and asylees, certain victims of human trafficking and qualifying criminal activity, special immigrant juveniles and certain individuals who qualify for Violence Against Women Act (VAWA) self-petitions.
Financial Bond May Be Required
USCIS will also continue to operate its public charge bond process.
If an immigration officer determines that an applicant is inadmissible solely because the person is likely to become a public charge, the applicant may be given an opportunity to post a financial bond.
According to USCIS, the bond amount will take into consideration the government assistance the applicant may be eligible to receive and could potentially use during the following five years.
The agency stressed that officers will not make public charge determinations based on a single factor. Instead, each case will be assessed individually by considering the applicant’s overall circumstances.
The updated guidance will apply to Form I-485 applications subject to the public charge ground of inadmissibility that are postmarked or electronically submitted on or after September 18, 2026.
