Update, September 29, 2026: The rule took effect on September 18, 2026 and now applies to Adjustment of statusThe process of applying for a green card from within the United States, rather than through a consulate abroad. Filed on Form I-485.See it in the glossary applications postmarked or submitted electronically on or after that date. Challenges are pending: New York and 21 other states sued on September 14, and a coalition of cities filed a separate suit. The rule remains in effect.
The Department of Homeland Security published a Final ruleThe version of a federal regulation that an agency publishes in the Federal Register after reviewing public comments on a proposed rule. It sets an effective date, which generally falls at least 30 days after publication, and its text is added to the Code of Federal Regulations.See it in the glossary, Public chargeA ground of inadmissibility for applicants an officer finds likely at any time to become a public charge. For Form I-485 filings on or after September 18, 2026, USCIS guidance lets officers weigh a wider range of means-tested public benefits, not only cash assistance.See it in the glossary Ground of InadmissibilityA finding that a person is not eligible for a visa, admission or a green card under the grounds listed in INA 212(a). The grounds cover health, crimes, security, public charge, misrepresentation, unlawful presence, prior removal and others. Some grounds can be waived.See it in the glossary, at 91 FR 45324 on 20 July 2026. It rescinds the 2022 public charge regulations at 8 CFR parts 103 and 212. The rule took 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, RefugeeA person outside their country of nationality who cannot return because of persecution or a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group or political opinion (INA 101(a)(42)). Admission as a refugee is discretionary, and annual admission levels are set through a Presidential Determination. A person already in the United States or at a port of entry with a similar claim may instead seek asylum.See it in the glossary, or holders of U visaU nonimmigrant status for victims of certain crimes who suffered substantial mental or physical abuse and have been, are being or are likely to be helpful to law enforcement. It requires a certification on Form I-918 Supplement B, lasts up to 4 years with work authorization, and is capped at 10,000 principal grants a year.See it in the glossary, T visaT nonimmigrant status for victims of a severe form of human trafficking who comply with reasonable law enforcement requests or qualify for an exemption or exception. It is granted for up to 4 years with work authorization, is capped at 5,000 principal grants a year, and may lead to a green card.See it in the glossary 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
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.
Review framework and form changes
The replacement framework changes the factors considered in public charge review for covered applications. Affidavit of Support requirements remain a distinct part of the sponsorship framework; the rule does not predict the outcome of an individual application.
The same date carries a second change. USCIS publishes a revised Form I-485Application to Register Permanent Residence or Adjust Status, the form used to apply for a green card from inside the United States.See it in the glossary on 18 September with no grace period for the previous edition, and the new public charge questions live on that form.