US rolls out tougher public charge test for green cards

The United States government is set to introduce stricter public charge assessments for certain green card applicants from September 18, 2026, under updated guidance issued by the U.S. Citizenship and Immigration Services.

The new guidance outlines how USCIS officers will determine whether applicants seeking to adjust their status to lawful permanent residents are likely to become a public charge at any point.

A public charge generally refers to an immigrant considered likely to become primarily dependent on government assistance for support.

Under the revised approach, officers will assess five statutory factors: age, health, family status, assets, resources and financial status, as well as education and skills.

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

The agency added that officers may consider other relevant factors, including an applicant’s receipt of means-tested public benefits.

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

However, benefits received from September 18 will be assessed under a broader range of means-tested benefits.

The changes follow a final rule by the Department of Homeland Security 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 revised policy reflects congressional intent that immigrants should remain self-sufficient and not rely on taxpayer-funded government benefits.

The public charge requirement, however, 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 retain 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 give the applicant an opportunity to post a financial bond.

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

USCIS stressed that public charge determinations will not be based on a single factor but on an applicant’s overall circumstances.

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