The US government is changing how immigration officers assess whether certain green card applicants could become dependent on government benefits. From September 18, 2026, US Citizenship and Immigration Services (USCIS) will follow updated guidance when applying the “public charge” test to people seeking adjustment of status to become lawful permanent residents.
The change follows a Department of Homeland Security (DHS) final rule that rescinds the 2022 public charge regulations. DHS announced the final rule on July 16 and it was published in the Federal Register on July 20.
Here is what the new USCIS guidance means, who will face the public charge test and what officers will consider.
What is the public charge rule?
The public charge ground of inadmissibility is used to determine whether certain immigrants seeking permanent residence are likely at any time to become a public charge.
The Immigration and Nationality Act does not define “public charge” or “likely at any time to become a public charge.” However, it requires USCIS officers to examine specified factors when making the decision.
Under the updated guidance, officers can consider an applicant’s circumstances, including the receipt of certain means-tested public benefits.
When will the new rules take effect?
The updated guidance takes effect on September 18, 2026.
It will apply to Forms I-485, Application to Register Permanent Residence or Adjust Status, that are subject to the public charge ground of inadmissibility and are postmarked or electronically submitted on or after September 18.
This means the filing date will be important for applicants because USCIS is also changing how it considers the receipt of public benefits from that date.
