The Department of Homeland Security published a final rule, Public Charge Ground of Inadmissibility, at 91 FR 45324 on 20 July 2026. It rescinds the 2022 public charge regulations at 8 CFR parts 103 and 212. The rule takes effect on 18 September 2026, a sixty-day effective date that DHS explains was required by the Congressional Review Act.
What the public charge test is
Public charge is a ground of inadmissibility. It asks whether a person applying for permanent residence is likely to become primarily dependent on the government for subsistence. If an officer concludes that they are, the application can be denied on that basis.
The test does not apply to everyone. It never applies to U.S. citizens. It does not apply to most people who already hold a green card, and it does not apply to asylees, refugees, or holders of U visas, T visas and VAWA-based petitions, among others.
What changes
The 2022 rule used a relatively narrow standard, built around cash assistance for income maintenance and long-term institutionalization at government expense. The new guidance replaces that framework and supersedes prior guidance, including the 1999 Interim Field Guidance.
Officers return to a totality of the circumstances assessment, weighing the statutory factors and other relevant evidence, with expanded consideration of public benefits. USCIS has also published detailed procedures for public charge bonds. The minimum bond remains 1,000 dollars, though USCIS may set substantially higher amounts depending on the circumstances.
The date that decides which test applies
This is the part worth reading twice. The new guidance applies to Form I-485 applications postmarked or electronically submitted on or after 18 September 2026. Applications filed before that date, including those already pending, are decided under the 2022 policy.
There is a wrinkle for pending cases. Means-tested public benefits sought or received on or after 18 September 2026 may be weighed in a public charge determination as part of the totality of the circumstances, even for an application filed earlier. Benefits sought or received before that date remain governed by the narrower 2022 standard.
Practical effect
Applicants filing on or after 18 September should expect a more expansive review of financial circumstances and benefit usage than applicants filing the week before. Sponsors should expect Affidavit of Support obligations to receive closer attention.
The same date carries a second change. USCIS publishes a revised Form I-485 on 18 September with no grace period for the previous edition, and the new public charge questions live on that form.
