USCIS Public Charge Rule Update 2026: Form I-485

The U.S. Department of Homeland Security (DHS) has announced a significant update affecting future Green Card applicants. USCIS has issued a final rule rescinding the 2022 public charge regulation and restoring broader authority for immigration officers to evaluate an applicant’s overall circumstances when determining whether they may become a public charge.

The new rule will become effective on September 18, 2026. USCIS has also announced that a revised version of Form I-485, Application to Register Permanent Residence or Adjust Status, will be required after the effective date. Older versions submitted after the effective date may not be accepted.

What Is the Public Charge Rule?

The public charge rule is a provision under the Immigration and Nationality Act (INA) that allows the U.S. government to determine whether an individual applying for admission, a visa, or adjustment of status to permanent resident is likely to become dependent on government assistance.

In simple terms, USCIS evaluates whether an applicant is likely to be financially self-sufficient after receiving immigration benefits.

What Changed in the 2026 USCIS Public Charge Update?

Under the previous 2022 regulation, USCIS officers had more limited guidance regarding which factors and benefits could be considered during a public charge determination.

The new DHS rule restores broader discretion, allowing USCIS officers to review:

  • Financial circumstances
  • Employment history
  • Education and skills
  • Assets and resources
  • Family circumstances
  • Other relevant factors on a case-by-case basis

According to DHS, the purpose of this change is to ensure that individuals seeking permanent residence demonstrate self-reliance and do not become dependent on taxpayer-funded government benefits.

USCIS terminates Covid-19 Vaccination Requirement for GC applicants

Form I-485 Changes by USCIS for Green Card Applicants

I-907, Request for Premium Processing Fee hike

Effective Oct 19, 2020, USCIS has increased the Fee on Form I-907, Request for Premium Processing from $ 1440 to $2500 for all filings ($2,500 if you are filing Form I-140 requesting EB-1, EB-2, or EB-3 immigrant visa classification)

Premium processing provides expedited processing for Form I-140, Immigrant Petition for Alien Worker. EB1A, Aliens Extraordinary Ability EB1A applicants are Eligible for Premium Processing while EB2-NIW Not Yet Available. The Eligibility criteria for the designated classification within Form I-140 is provided at https://www.uscis.gov/forms/all-forms/how-do-i-request-premium-processing

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I-944 (Declaration of Self Sufficiency) Discontinued from March 9, 2021

Note: As per USCIS info, Beginning from March 9, 2021, GC applicants should not be required to file Form i-944, Declaration of Self Sufficiency, or any evidence or documentation necessary on that form with their Form I-485, Adjustment of Status. Form I-944 has been discontinued.

Please go through I-944 Form USCIS Instruction for more detailed information on this newly added form in 2020.

According to USCIS

  • Form I-944, “Declaration of Self-Sufficiency” is used by an individual to demonstrate that he or she is not inadmissible based on the public charge ground (Immigration and Nationality Act (INA) section 212(a)(4)). In other words, the form is used by Green Card applicants to provide information about their financial situation.
  • If you file the form I-485, Adjustment of Status, you should submit Form I-944 to USCIS.
  • If you are exempt from the Public charge ground of inadmissibility as per criteria setup by USCIS, you do not need to file Form I-944.  
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