USCIS has released extensive new policy guidance explaining how officers will determine whether an applicant for lawful permanent residence is likely to become a public charge. The guidance follows DHS’s rescission of the 2022 public charge rule and will take effect on September 18, 2026. It applies to Forms I-485 postmarked or electronically filed on or after that date.
The update reflects DHS’s position that immigration applicants should be self-sufficient and not depend on taxpayer-funded benefits to meet their basic needs. It also introduces expanded consideration of public benefits and detailed procedures for public charge bonds.
What Has Changed?
The new guidance replaces the 2022 framework and supersedes prior guidance, including the 1999 Interim Field Guidance. USCIS officers will once again make public charge determinations based on the totality of the circumstances, considering statutory factors and other relevant evidence.
USCIS specifically states that, beginning September 18, 2026:
- Receipt of any means-tested public benefit may be considered in a public charge determination.
- Applications for, approval for, or certification to receive means-tested benefits may also be considered.
- Officers will evaluate each case individually rather than applying a single bright-line test.
Who Is Subject to the Public Charge Ground?
Most applicants seeking adjustment of status to lawful permanent residence remain subject to public charge review, including:
Family-Based Immigrants
- Spouses, parents, and children of U.S. citizens
- Family preference immigrants
- Fiancés of U.S. citizens
- Widows and widowers of U.S. citizens
Employment-Based Immigrants
- EB-1 priority workers
- EB-2 advanced degree professionals
- EB-3 skilled workers and professionals
- Investors and many special immigrants
Diversity Visa Applicants
- Diversity visa immigrants adjusting status in the United States
USCIS also confirmed that many humanitarian categories remain exempt from public charge review.
Who Is Exempt?
The guidance reaffirms statutory exemptions for numerous categories, including:
- Refugees
- Asylees
- Special Immigrant Juveniles
- TPS applicants
- T visa holders
- U visa holders
- VAWA self-petitioners
- Afghan and Iraqi special immigrant applicants
- Certain Cuban, Haitian, Liberian, Nicaraguan, and Central American adjustment applicants
These categories remain exempt from the public charge inadmissibility ground.
Five Statutory Factors Remain Central
USCIS officers must consider five statutory factors in every public charge determination:
- Age
- Health
- Family status
- Assets, resources, and financial status
- Education and skills
Officers may also consider a legally sufficient Form I-864 Affidavit of Support, where required, along with other evidence relevant to a person’s likelihood of becoming dependent on government assistance.
Expanded Consideration of Public Benefits
One of the most significant changes involves how USCIS will evaluate public benefit usage.
Benefits Received Before September 18, 2026
For benefits received before the effective date, USCIS will only consider:
- Public cash assistance for income maintenance; and
- Long-term institutionalization at government expense.
Benefits Received On or After September 18, 2026
For benefits received on or after September 18, 2026, USCIS may consider a much broader range of means-tested benefits, including:
- Housing assistance
- Food assistance
- Government-funded health coverage
- Financial aid programs
- Cash assistance and similar programs
USCIS explains that current or prior receipt of means-tested benefits will be highly relevant to public charge determinations, although no single factor automatically results in inadmissibility.
Affidavit of Support Remains Important
The guidance emphasizes the continuing role of Form I-864.
For family-based immigrants and certain employment-based immigrants, failure to submit a sufficient Form I-864 may result in a public charge inadmissibility finding. USCIS officers may also evaluate whether the sponsor is realistically able and willing to provide financial support to the applicant.
Public Charge Bonds
USCIS also provides detailed guidance on public charge bonds.
If an applicant is found inadmissible solely because of the public charge ground, USCIS may, in its discretion, allow the individual to post a Public Charge Bond using Form I-945.
How Bond Amounts Are Determined
USCIS will establish bond amounts case by case and may consider projected public benefit usage over a five-year period.
The policy contains estimated benefit projections showing:
- Up to $42,000 over five years for certain adults with children;
- Up to $53,430 over five years for certain adults without children; and
- Up to $28,200 over five years for certain children.
The minimum bond remains $1,000, though USCIS may set substantially higher amounts depending on the circumstances.
Practical Impact for Green Card Applicants
Beginning September 18, 2026, applicants filing Form I-485 should expect USCIS to conduct a more expansive review of financial circumstances and public benefit usage.
Applicants and sponsors should carefully document:
- Current employment and income
- Assets and financial resources
- Educational qualifications
- Employment history
- Family support arrangements
- Any prior receipt of means-tested public benefits
Employers sponsoring workers and family-based petitioners should also review Affidavit of Support obligations closely.
Erickson Insights and Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.