The US Citizenship and Immigration Services (USCIS) is set to implement new guidance on public charge inadmissibility determinations from September 18, 2026, expanding the range of factors and government benefits that can be considered in certain Green Card applications.
The updated guidance applies to Form I-485 applications filed on or after September 18. Applicants will be assessed based on the totality of their circumstances, including age, health, family status, financial resources and assets, and education and skills.
What Is Changing Under The New Green Card Rules?
Under the previous 2022 public charge rules, USCIS generally considered cash assistance for income maintenance and long-term institutionalisation at government expense.
The new guidance allows officers to consider a broader range of means-tested public benefits, including Supplemental Nutrition Assistance Program (SNAP), Medicaid and housing assistance, when assessing whether an applicant is likely to become primarily dependent on government support.
Importantly, USCIS will determine which guidance applies based on the date the application was filed, rather than the date a decision is made.
- Filed on or after September 18, 2026: The new 2026 guidance applies.
- Filed from December 23, 2022 through September 17, 2026: The 2022 rules continue to apply.
- Filed before December 23, 2022: The 1999 Interim Field Guidance applies.
Who Is Subject To The New Rules?
The revised public charge guidance applies to several categories of applicants, including:
- Family-based, employment-based and diversity visa applicants seeking permanent residence.
- Certain religious workers.
- Certain individuals seeking admission to the US on specified nonimmigrant visas.
- Lawful permanent residents who have remained outside the US for more than 180 days and are treated as applicants for admission when they return.
- Temporary Protected Status (TPS) holders who later seek adjustment of status through a family-based petition.
Holding TPS itself remains exempt from the public charge determination, but a subsequent family-based Green Card application can be subject to the rule.
Who Is Exempt From The New Green Card Rules?
Several categories remain exempt from public charge determinations, including:
- Refugees and asylees applying through those categories.
- Special Immigrant Juveniles.
- T nonimmigrant visa holders who are victims of human trafficking.
- U nonimmigrant visa holders who are victims of certain crimes.
- VAWA self-petitioners.
- Certain Cuban nationals applying under the Cuban Adjustment Act.
- Existing Green Card holders renewing their status.
- Applicants for US citizenship through naturalisation.
- US citizens.
- TPS applicants and re-registrants when applying for TPS itself.
How Will USCIS Assess Applicants?
USCIS officers will consider the applicant’s overall circumstances rather than relying on a single factor.
The five statutory factors are:
- Age
- Health
- Family status
- Financial resources and assets
- Education and skills
Where applicable, officers may also consider an Affidavit of Support and evidence relating to an applicant’s use of public benefits.
A child’s receipt of benefits such as Medicaid or SNAP does not automatically constitute the parent’s receipt of those benefits. The circumstances of the applicant and household will be considered when making the determination.
What About Public Charge Bonds?
In cases where an applicant is found inadmissible solely on public charge grounds, the applicant may, where eligible, be offered the option of posting a public charge bond. The bond is intended to provide a financial guarantee that the applicant will not become primarily dependent on government assistance.
The new guidance therefore represents a broader approach to how USCIS evaluates public charge concerns, particularly for applications filed from September 18, 2026.