USCIS Implements Stricter Public Charge Test for Green Card Applicants
The U.S. Citizenship and Immigration Services (USCIS) has issued new guidance, effective September 18, 2026, that will tighten the assessment of the public charge requirement for certain Green Card applicants. This updated approach rescinds the 2022 public charge regulation and aims to align with congressional intent for immigrants to be self-sufficient and not rely on taxpayer-funded government benefits. Under the new policy, USCIS officers will consider a broader range of means-tested benefits received on or after September 18, 2026, when determining if an applicant is likely to become a public charge. The agency will review five statutory factors: age, health, family status, assets, resources and financial status, and education and skills, making case-by-case decisions based on the totality of the applicant's circumstances. While a public charge determination is not based on a single factor, officers may invite applicants to post a public charge bond as a financial guarantee if they are deemed inadmissi...