The US is set to tighten its assessment of the public charge requirement for certain green card applicants from September 18, 2026, following updated guidance issued by the United States Citizenship and Immigration Services.
The updated guidance, which was posted on the USCIS website, specifies how USCIS officials will decide whether an immigrant wanting to adjust status to lawful permanent residence is likely to become a public charge at any moment.
A public charge is commonly defined as an immigrant who is expected to rely heavily on government help for support.
The new policy requires officers to evaluate five statutory factors: the applicant’s age, health, family status, assets, resources, and financial condition, as well as education and abilities.
“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 said.
USCIS stated that officers may also evaluate other relevant criteria, such as an applicant’s receipt of means-tested public benefits.
For benefits received before September 18, 2026, USCIS stated that it will consider public cash assistance for income maintenance and long-term institutionalization at government expense.
For benefits received on or after September 18, the government stated that it will assess a larger range of means-tested benefits.
The modifications come in response to a final rule issued by the Department of Homeland Security that repeals the 2022 public charge regulation. The rule was published in the Federal Register on July 20 and is slated to go into effect on September 18.
USCIS stated that the modified approach is designed to reflect the congressional objective that immigrants in the United States be self-sufficient and not rely on taxpayer-funded government programs.
However, the public charge requirement will not apply to all green card applicants. USCIS maintains exemptions for a variety of groups, including refugees and asylum seekers, certain victims of human trafficking and qualifying criminal conduct, special immigrant juveniles, and certain Violence Against Women Act self-petitioners.
The agency will also continue the public charge bonding procedure. When an officer judges an application inadmissible only because it is likely to become a public charge, USCIS may request that the applicant post a financial bond.
According to USCIS, the bond amount will be calculated based on the amount of government assistance the applicant may be eligible for and receive over the next five years.
The agency emphasized that a public charge assessment is not based on a single aspect, but rather on the applicant’s complete situation.
The revised guidance will apply to Form I-485 applications subject to the public charge basis of inadmissibility that are postmarked or submitted electronically on or after September 18, 2026.
