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.