US Citizenship and Immigration Services (USCIS) has issued details of new Green Card rules that will take effect on September 18, 2026, introducing updated guidelines for determining whether applicants are likely to become dependent on government assistance.
The Department of Homeland Security (DHS) announced the final rule on July 16, 2026. It was formally published in the Federal Register on July 20 and will take effect on September 18.
“On July 16, 2026, DHS announced a final rule that rescinds the 2022 Biden-era public charge inadmissibility regulations,” USCIS said. The agency said the revised guidance is intended to align with congressional requirements that immigrants in the US remain self-sufficient and not depend on taxpayer-funded benefits.
What is the public charge ground of inadmissibility?
Public charge is a ground of inadmissibility that can affect a person seeking a Green Card. Under the rule, an applicant may be denied permanent residence if they are determined to be likely to become primarily dependent on the government for support.
USCIS has published guidelines outlining which applicants are subject to the public charge assessment and which categories are exempt.
Who is included in the public charge test?
The new rules apply to several categories of immigrants, including:
- Spouses, children and parents of US citizens
- Unmarried sons and daughters of US citizens and their children
- Spouses, children and unmarried sons and daughters of lawful permanent residents (LPRs)
- Married sons and daughters of US citizens and their spouses and children
- Brothers and sisters of US citizens
- Fiancé(e)s of US citizens
- Certain Amerasian immigrants born between December 31, 1950, and October 22, 1982
- Widows and widowers of US citizens
- Priority workers
- Professionals with advanced degrees and individuals of exceptional ability
- Skilled workers, professionals and other workers
- Investors
- Religious workers
- Certain current and former employees of the US government abroad
- Panama Canal Zone employees
- Foreign medical school graduates
- Retired employees of international organisations
- US armed forces personnel
- International broadcasters
- Certain diplomats and high-ranking officials unable to return to their home countries
- Diversity visa immigrants
- Certain individuals who entered the US before January 1, 1982
- Alien witnesses and informants
Who is excluded from the new Green Card rule?
Several categories remain exempt from the public charge assessment, including:
- Asylees and refugees
- Amerasian immigrants at admission
- Certain Afghan and Iraqi interpreters and nationals employed by or on behalf of the US government
- Cuban and Haitian entrants adjusting status under the relevant provisions of the Immigration Reform and Control Act
- Applicants adjusting status under the Cuban Adjustment Act
- Nicaraguans and certain other Central Americans adjusting to lawful permanent resident status
- Haitians adjusting status under the Haitian Refugee Immigration Fairness Act
- Lautenberg parolees
- Special immigrant juveniles
- Applicants for registry
- Applicants seeking Temporary Protected Status
- Certain nonimmigrant ambassadors, ministers, diplomats and other foreign government officials and their families
- Victims of human trafficking holding T nonimmigrant status
- Victims of qualifying criminal activity holding U nonimmigrant status
- Self-petitioners under the Violence Against Women Act
- Certain battered immigrants who qualify as “qualified aliens” under federal law
- Certain applicants adjusting status based on benefits available to surviving spouses, children or parents of military members
- American Indians born in Canada who are not US citizens
- Certain members of the Texas Band of Kickapoo Indians of the Kickapoo Tribe of Oklahoma
- Nationals of Vietnam, Cambodia and Laos applying under the relevant 2001 appropriations legislation
- Polish and Hungarian parolees
- Certain Syrian nationals
- Applicants adjusting status under the Liberian Refugee Immigration Fairness law
How will USCIS determine who could become a public charge?
Under the updated guidance, USCIS officers will consider whether an applicant is receiving or is likely to receive certain government benefits, including cash assistance for income maintenance, housing assistance, food assistance, financial aid for college and similar benefits.
If an officer determines that an applicant could become a public charge, USCIS may require the person to post a public charge bond.
The bond would serve as a financial guarantee that the applicant would not become a public charge. Depending on the circumstances, an applicant or another party may provide a cash bond or a surety bond.
When determining the amount of the bond, a USCIS officer may consider the government assistance the applicant could potentially qualify for and receive over the following five years.
The new framework is scheduled to take effect on September 18, 2026, and will change how USCIS evaluates public-charge concerns in certain Green Card applications.
