Beginning September 18, 2026, many applicants seeking permanent residence in the United States will face a significantly broader public charge review.

U.S. Citizenship and Immigration Services (USCIS) issued new guidance on August 18 explaining how officers will determine whether an applicant is “likely at any time to become a public charge.” The guidance follows a Department of Homeland Security final rule rescinding the 2022 public charge regulations and applies to covered Forms I-485 filed on or after September 18, 2026.

The changes are significant because USCIS will once again consider a wider range of government benefits and other circumstances when deciding whether certain green card applicants are likely to become dependent on government assistance.

Who Is Subject to the Public Charge Rule?

The public charge ground does not apply to every green card applicant.

However, many of the most common family- and employment-based categories are subject to the rule. This includes spouses, children, and parents of U.S. citizens; certain other family-sponsored immigrants; fiancé(e)s of U.S. citizens; employment-based priority workers; professionals with advanced degrees or exceptional ability; skilled workers and professionals; and investors.

Several humanitarian and other categories remain exempt. These include refugees and asylees, certain Afghan and Iraqi special immigrants, Special Immigrant Juveniles, T and U nonimmigrants, certain VAWA self-petitioners, and several other categories identified by Congress.

USCIS Will Examine the Applicant’s Overall Circumstances

A single factor does not determine public charge.

USCIS officers must consider five factors established by Congress: the applicant’s age; health; family status; assets, resources, and financial status; and education and skills. Where applicable, USCIS may also consider the Form I-864 Affidavit of Support submitted by a qualifying sponsor.

USCIS will consider these factors together in a totality-of-the-circumstances analysis. This means that receiving a particular benefit does not necessarily result in denial. Instead, USCIS will evaluate the applicant’s overall circumstances to determine whether the person is likely at any time to become a public charge.

More Government Benefits Can Now Be Considered

One of the most important changes concerns the types of government benefits USCIS may consider.

For benefits received before September 18, 2026, USCIS states that it will only consider receipt of public cash assistance for income maintenance and long-term institutionalization at government expense.

For means-tested public benefits received on or after September 18, however, USCIS says officers may consider “any and all” such benefits as part of the public charge determination. The agency specifically identifies examples, including cash assistance, housing assistance, food stamps, financial aid for college, and similar benefits.

This represents an important expansion from the previous framework and makes an applicant’s financial history potentially much more relevant to the green card process.

Public Charge Bonds Are Returning

The new guidance also establishes a process through which certain applicants may be permitted to post a public charge bond.

If USCIS determines that an applicant is inadmissible only because the applicant is likely to become a public charge, an officer may invite the applicant to post a bond rather than deny the adjustment application outright.

The bond may be posted as cash or through an approved surety company using Form I-945, Public Charge Bond. USCIS will determine the amount by considering the government assistance the applicant could potentially receive over the following five years.

Importantly, applicants cannot proactively submit a public charge bond. USCIS must first invite the applicant to do so through a Notice of Intent to Deny.

What Should Green Card Applicants Do?

The new policy makes financial planning and documentation more important for many adjustment-of-status applicants.

Individuals preparing to file a green card application should determine whether the public charge ground applies to their immigration category and carefully review their income, assets, household circumstances, benefit history, health considerations, education, skills, and Affidavit of Support documentation before filing.

The timing is also important: the new guidance applies to covered Forms I-485 postmarked or electronically submitted on or after September 18, 2026. Applicants filing around the effective date should therefore understand which public charge framework will apply to their case.

The public charge rule does not mean that receiving government assistance automatically prevents someone from obtaining a green card. But beginning September 18, USCIS officers will have considerably broader information to consider when evaluating whether certain applicants are likely to become a public charge.