Green Card applicants in the US will face a revised public charge assessment from September 18, 2026, after the US Citizenship and Immigration Services
(USCIS) issued new guidance explaining how officers will determine whether an applicant is likely to become a “public charge”. The changes follow a Department of Homeland Security final rule that rescinds the Biden-era 2022 public charge regulations. The new framework will apply to certain Form I-485 adjustment-of-status applications that are submitted electronically or postmarked on or after September 18. USCIS will assess applicants using factors including age, health, family status, assets and financial resources, as well as education and skills. The change does not mean that receiving government assistance will automatically result in a green card refusal. Instead, USCIS says officers will make a case-by-case determination based on the totality of the circumstances, while considering other relevant evidence where appropriate.
Green Card Test To Consider Benefits And Finances
Under the new guidance, USCIS officers will be able to consider an applicant's receipt of certain means-tested public benefits. These can include cash assistance for income maintenance, housing assistance, food assistance and financial aid for college.
The timing of the benefit will also matter. USCIS said benefits received before September 18, 2026 will generally be considered only where they involve public cash assistance for income maintenance or long-term institutionalisation at government expense.
For benefits received on or after September 18, however, officers will be able to consider a broader range of means-tested public benefits when assessing whether an applicant is likely to become a public charge. The agency stressed that such benefits are one part of a wider assessment rather than an automatic basis for denial.
The public charge ground generally applies to people seeking adjustment of status to become lawful permanent residents, unless their particular immigration category is exempt. It can affect certain family-based and employment-based applicants, including some spouses, children and parents of US citizens, professionals, skilled workers, investors and religious workers.
Who Is Exempt From The Public Charge Rule?
USCIS also lists a number of categories that are exempt from the public charge ground of inadmissibility. These include refugees and asylees, certain Afghan and Iraqi nationals who worked with or for the US government, certain Cuban and Haitian entrants and special immigrant juveniles.
Victims of human trafficking and certain qualifying crimes, some Violence Against Women Act self-petitioners and applicants for Temporary Protected Status are also among the exempt categories listed by USCIS. Applicants therefore need to establish whether their specific immigration category is covered before assessing how the new framework may affect them.
Another important part of the guidance concerns public charge bonds. If USCIS determines that an applicant is inadmissible only because they are likely to become a public charge, the agency may invite that person to post a financial bond.
Public Charge Bond Available In Some Cases
The bond can be provided as a cash bond or through a surety company certified by the US Treasury, with the amount partly influenced by the potential level of government assistance USCIS believes the applicant could receive during the following five years.
Applicants cannot simply decide to submit a public charge bond themselves. USCIS says Form I-945 will only be accepted after the agency has invited the applicant to post a bond through a Notice of Intent to Deny.
The new guidance takes effect on September 18, 2026, the same day the DHS final rule rescinding the 2022 public charge regulations becomes effective. For people preparing Form I-485 applications around that date, when the application is submitted or postmarked could therefore become significant.
USCIS said its August 18 guidance supersedes previous public charge guidance, including the 1999 Interim Field Guidance. Applicants with complicated immigration, financial or benefits histories may therefore need to assess their circumstances carefully before filing for adjustment of status under the new framework.
