New Public Charge Rules Take Effect September 18: What Green Card Applicants Need to Know

By Nikki Whetstone, Managing Attorney

On August 18, 2026, U.S. Citizenship and Immigration Services (USCIS) issued updated policy guidance regarding the public charge test as it relates to adjustment of status applicants (i.e., green card applications filed with USCIS). This revised guidance follows the Department of Homeland Security’s recent issuance of new regulations relating to the public charge inadmissibility ground that replace the public charge policy in effect since 2022.

The new policy takes effect on September 18, 2026, and applies to green card applications (Form I-485, Application to Register Permanent Residence or Adjust Status) postmarked or submitted electronically on or after that date.

Below is a detailed breakdown of what this guidance changes, who is impacted, and how USCIS officers will evaluate cases moving forward.

1. Key Changes in Public Charge Determinations

The core purpose of the public charge rule is to enforce long-standing congressional policy: ensuring foreign nationals inside the United States are financially self-sufficient—including through the support of families and sponsors—rather than reliant on public resources.

  • Expanded Evaluation of Means-Tested Public Benefits:
    • Before September 18, 2026: For benefits received prior to September 18, 2026, USCIS will continue to consider only public cash assistance for income maintenance (such as SSI or TANF) and long-term institutionalization at government expense.
    • On or After September 18, 2026: Officers will consider an applicant’s receipt of any and all means-tested public benefits. These may include, but are not limited to, food assistance (SNAP), public or assisted housing, government-funded health coverage (Medicaid), financial aid for higher education, or cash assistance.
    • Earned Benefits Excluded: Earned benefit programs like Social Security, Medicare, and Unemployment Insurance are not considered means-tested public benefits.
2. What Remains the Same
  • Third-Party & Family Benefit Receipt: USCIS policy indicates that, as before, it will not attribute the receipt of public benefits to an applicant if the benefit was received by a relative (including children) or if the applicant received or applied for the benefit solely on behalf of someone else (such as a legal guardian).
  • Totality of the Circumstances Evaluation: As before, officers must evaluate whether an applicant is “more likely than not” to depend on public benefits to meet basic needs (such as food, shelter, or healthcare), but this evaluation will now consider a broader array of factors.
  • Ability to Work: A healthy, working-age applicant who is willing and able to work is generally not expected to be found inadmissible under the public charge ground, even if they have low income or previously received certain benefits.
3. Required Factors for Assessment of Public Charge

USCIS officers will conduct a prospective, discretionary evaluation looking at the full picture of an applicant’s life. No single factor can be the sole basis for a public charge denial.

Officers will be required to weigh the following factors:

  • Age: Evaluated in relation to employability, health, and retirement resources.
  • Health: As of now, this factor will still be evaluated using the medical examination report (Form I-693 or panel physician forms). Medical conditions that may impair the ability to work or require extensive care are considered, though officers cannot make independent medical diagnoses.
  • Family Status & Household: Considers household composition, including co-residing spouses, parents, children under 21, and tax dependents.
  • Assets, Resources, and Financial Status: Assesses income, savings, and overall financial stability.
  • Education and Skills: Considers job skills, employment prospects, and educational background.
  • Form I-864 Affidavit of Support: Where required, a sufficient Form I-864 must be filed. Officers may also consider a sponsor’s actual willingness and financial capacity to fulfill support obligations.
4. Who Is Subject to the Rule vs. Who Is Exempt?

Immigration Categories Subject to the Public Charge Test:

  • Family-Based Applicants: Spouses, children, and parents of U.S. citizens; unmarried/married sons and daughters of citizens; relatives of Lawful Permanent Residents (LPRs); siblings of citizens; and fiancé(e)s.
  • Employment-Based Applicants: Priority workers, advanced degree professionals, skilled workers, and investors.
  • Special Immigrants & Others: Religious workers, foreign medical graduates, international organization retirees, Diversity Visa applicants, and S visa holders.

Immigration Categories Exempt from the Public Charge Test Include:

  • Asylees and refugees
  • T nonimmigrants (victims of human trafficking) and U nonimmigrants (victims of crime)
  • VAWA self-petitioners and certain battered noncitizens
  • Special Immigrant Juveniles
  • Afghan and Iraqi translators/employees
  • Cuban Adjustment Act applicants, Central American (NACARA), and Haitian (HRIFA) adjustment applicants
  • Temporary Protected Status (TPS) applicants and Registry applicants
5. Public Charge Bonds

If a USCIS officer finds an applicant ineligible for a green card solely on public charge grounds, USCIS may, at its discretion, request the applicant to post a public charge bond.

  • Bond Mechanics: USCIS officers determine the bond amount based on the risk and potential public assistance required. For bonds posted on or after September 18, 2026, receiving any means-tested public benefit or violating bond conditions will result in a breach and potential forfeiture of the bond.

Scope and Effective Dates

  • Filing Cutoff Date: The new policy applies strictly to Form I-485 applications postmarked or submitted electronically on or after September 18, 2026.
  • Prior Filings: Applications filed between December 23, 2022, and September 17, 2026, will continue to be evaluated under the 2022 regulations. Applications filed before December 23, 2022, follow the 1999 Interim Field Guidance, i.e., policy guidance issued by the former Immigration and Naturalization Service in 1999.
  • Agency Jurisdiction: This Policy Manual update generally governs USCIS decisions for green card applications (Form I-485). It does not specifically apply to consular visa processing by the Department of State (DOS), border inspections by Customs and Border Protection (CBP), or immigration court proceedings before EOIR. However, additional agency-specific guidance is likely forthcoming.
Immediate Impact

The U.S. Department of State recently confirmed that consular officers are reviewing and applying enhanced screening procedures—utilizing the statutory factors outlined above—to evaluate whether applicants are likely to become dependent on public benefits.

Immigrant visa interviews at U.S. embassies and consulates worldwide are currently experiencing a temporary pause while consular officers complete training on updated Public Charge guidance and screening protocols. There are also reports of U.S. consular posts postponing or canceling scheduled interviews to accommodate training on the new regulations. While the exact duration of this processing pause remains unannounced, applicants should anticipate scheduling delays over the next 4 to 6 weeks.

If you are planning to file for adjustment of status or have questions about how receipt of past or current benefits impacts your immigration case, feel free to reach out to our legal team for a full consultation.

www.grossmanyoung.com  |  info@grossmanyoung.com  |  (240) 403-0913  |  (301) 917-6900

*Disclaimer: This information is presented for the purposes of general education and does not constitute legal advice.   

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