US Tightens Green Card Rules With Stricter Public Charge Test

The United States is set to tighten its assessment of the public charge requirement for certain green card applicants from September 18, 2026, following updated guidance issued by the US Citizenship and Immigration Services (USCIS).

Under the new guidance, USCIS officers will assess whether an immigrant applying to adjust status to lawful permanent residence is likely to become a public charge.

The assessment will consider five statutory factors, including the applicant’s age, health, family status, assets, resources and financial position, as well as education and skills.

USCIS said officers would review all relevant evidence in each applicant’s record and make decisions based on the totality of the circumstances.

The agency may also consider an applicant’s receipt of certain means-tested public benefits.

For benefits received before September 18, USCIS will consider public cash assistance for income maintenance and long-term institutionalisation at government expense.

For benefits received on or after September 18, a broader range of means-tested benefits will be considered.

The changes follow a Department of Homeland Security final rule rescinding 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.

USCIS said the updated approach was intended to reflect congressional requirements that immigrants remain self-sufficient and do not depend on taxpayer-funded government assistance.

However, the public charge requirement does not apply to all green card applicants. Exempt categories include refugees and asylees, certain victims of human trafficking and qualifying criminal activity, special immigrant juveniles and certain Violence Against Women Act self-petitioners.

USCIS will also maintain its public charge bond process. Where an officer determines that an applicant is inadmissible solely because they are likely to become a public charge, the agency may invite the applicant to post a financial bond.

The amount of the bond will take into account the government assistance the applicant may be eligible for and potentially receive over the following five years.

The agency stressed that public charge determinations would not be based on a single factor, but on an assessment of each applicant’s overall circumstances.

The new guidance will apply to Form I-485 applications subject to the public charge ground of inadmissibility that are postmarked or electronically submitted on or after September 18, 2026.