WASHINGTON: The US has issued details of new Green Card rules that will take effect on September 18, 2026, expanding the range of government benefits that immigration authorities can consider when deciding whether an applicant is likely to become a “public charge”.
The updated guidance from US Citizenship and Immigration Services (USCIS) implements a Department of Homeland Security (DHS) final rule published in the Federal Register on July 20, 2026, which rescinds the 2022 public charge regulations.
The new rules will apply to Form I-485, the application to register permanent residence or adjust status, for applications postmarked or submitted electronically on or after September 18.
Under the Immigration and Nationality Act, a person deemed likely to become a “public charge” — primarily dependent on government support — can be found inadmissible to the US. Such a finding can result in the denial of a visa, admission or Green Card.
USCIS said the changes are intended to align immigration policy with congressional intent that immigrants remain self-sufficient rather than dependent on taxpayer-funded government benefits.
Broader range of benefits to be considered
The biggest change concerns the types of public benefits that USCIS officers can consider when assessing an applicant.
For benefits received before September 18, USCIS will continue applying the narrower 2022 standard, which covered only public cash assistance for income maintenance and long-term institutionalisation at government expense.
For means-tested public benefits received on or after September 18, however, officers will be able to consider a broader range of benefits, including housing assistance, food stamps and financial aid for college, according to USCIS.
Officers will assess such benefits alongside five statutory factors and any other relevant information to determine whether an applicant is likely to become a public charge at any point.
USCIS stressed that there is no single automatic threshold or factor that results in inadmissibility. Each application will be assessed individually.
Periods of unemployment, age or disability alone will not automatically indicate that an applicant is likely to become a public charge. USCIS also said a healthy person who is willing and able to work would not be expected to be found inadmissible on that basis alone.
Green Card applicants may be asked to post a bond
Under the new guidance, USCIS may, at its discretion, invite an applicant who is otherwise admissible and eligible but is found inadmissible solely on public charge grounds to post a Public Charge Bond using Form I-945.
The bond is not an automatic right and USCIS will decide whether to offer the option.
For bonds posted on or after September 18, a breach may occur if the individual receives any income- or asset-tested public benefit during the bond’s validity period or violates a condition specified in the bond agreement. A breach can result in forfeiture of the bond.
Bonds posted before September 18 will continue to be governed by the previous, narrower standard.
Affidavit of Support remains important
The role of Form I-864, the Affidavit of Support, will also continue under the new guidance.
For family-based immigrants and certain employment-based immigrants, failure to submit a sufficient I-864 can itself result in a public charge inadmissibility finding.
USCIS officers may also separately assess whether the sponsor is realistically willing and financially capable of providing the required support.
Who will be affected?
The rules broadly apply to family-based and employment-based applicants, including spouses, children, parents and siblings of US citizens, as well as fiancé(e)s and applicants in preference categories.
However, several groups remain exempt from public charge review.
These include refugees and asylees, current Green Card holders who are renewing their status, applicants for naturalisation and certain individuals seeking humanitarian protections.
The exemptions also cover certain T and U nonimmigrant visa applicants and individuals who self-petition under the Violence Against Women Act (VAWA).
