The United States is set to introduce a stricter assessment of the public charge requirement for certain green card applicants from September 18, 2026.
The updated guidance issued by the U.S. Citizenship and Immigration Services explains how immigration officers will determine whether an applicant seeking to adjust status to lawful permanent residence is likely to become a public charge.
A public charge generally refers to an immigrant considered likely to become primarily dependent on government assistance for financial support.
Under the revised approach, USCIS officers will assess five key statutory factors: the applicant’s age, health, family status, assets, resources and financial situation, as well as education and skills.
The agency said decisions would be made on a case-by-case basis after considering the totality of an applicant’s circumstances.
USCIS may also consider an applicant’s history of receiving certain means-tested public benefits. The agency said the range of benefits considered would become broader for benefits received from September 18, 2026.
The changes follow a Department of Homeland Security rule that rescinds the 2022 public charge regulation. The rule was published in the Federal Register on July 20 and is scheduled to take effect on September 18.
However, the requirement does not apply to every green card applicant. Certain categories, including refugees and asylees, some victims of human trafficking and qualifying criminal activity, special immigrant juveniles and certain Violence Against Women Act self-petitioners, remain exempt.
USCIS will also continue its public charge bond process. In cases where an applicant is found inadmissible solely because they are likely to become a public charge, the agency may allow the applicant to post a financial bond.
The new guidance will apply to Form I-485 applications subject to the public charge ground of inadmissibility that are submitted or postmarked on or after September 18, 2026.
