At a glance:
- USCIS has issued new public charge guidance that takes effect September 18, 2026.
- The guidance applies to covered Form I-485 adjustment of status applications postmarked or electronically submitted on or after September 18, 2026.
- USCIS will evaluate public charge under the totality of the circumstances, including age, health, family status, finances, education and skills, and other relevant factors.
- For means-tested public benefits received on or after September 18, 2026, USCIS may consider a broader range of benefits, including certain housing, food, healthcare, and postsecondary education assistance.
- Receipt of a public benefit does not automatically make an applicant inadmissible. USCIS must evaluate the applicant’s overall circumstances on a case-by-case basis.
U.S. Citizenship and Immigration Services (USCIS) has issued significant new guidance explaining how officers will determine whether certain applicants for adjustment of status are inadmissible under the public charge ground. The guidance follows the Department of Homeland Security’s (DHS) rescission of the 2022 public charge regulations and takes effect on September 18, 2026. It applies to covered Form I-485, Application to Register Permanent Residence or Adjust Status, applications postmarked or electronically submitted on or after that date.
The changes are particularly important for family-based and employment-based green card applicants because USCIS will once again take a broader look at an applicant’s circumstances, including certain means-tested public benefits.
What Is the Public Charge Ground of Inadmissibility?
Under section 212(a)(4) of the Immigration and Nationality Act (INA), a person applying for a visa, admission to the United States, or adjustment of status may be inadmissible if they are determined to be likely at any time to become a public charge, unless an exemption applies.
The INA does not specifically define “public charge.” Under the new USCIS guidance, officers generally consider someone likely to become a public charge if they are likely to become dependent on the government to meet basic needs, such as food, shelter, or healthcare, typically demonstrated through dependence on means-tested public benefits. Importantly, this is a forward-looking determination. USCIS must evaluate the applicant’s individual circumstances rather than automatically finding someone inadmissible because of one negative factor.
What Changed Under the New Public Charge Guidance
On August 18, 2026, U.S. Citizenship and Immigration Services (USCIS) issued updated guidance explaining how officers will determine whether an applicant for adjustment of status is likely at any time to become a public charge.
The new guidance follows the Department of Homeland Security’s rescission of the 2022 public charge regulations. The updated policy takes effect September 18, 2026, and applies to covered adjustment of status applications filed on or after that date.
Under the new approach, USCIS will make a forward-looking determination based on the totality of the applicant’s circumstances. Officers will look at the statutory factors required by Congress, as well as other relevant evidence, including certain past or current receipt of means-tested public benefits.
Who Is Subject to the Public Charge Ground – and Who Is Exempt
The public charge ground applies broadly to applicants for adjustment of status, immigrant visas, and admission to the United States, unless a specific statutory or regulatory exemption applies. USCIS has identified the following categories as generally subject to the public charge ground and those that are exempt:
| Categories that are subject to public charge | Categories that are not subject to public charge |
|---|---|
|
|
Important:
- Not every green card applicant is subject to the public charge ground.
- Whether the rule applies depends on the immigration category and the specific immigration benefit being requested.
- Applicants should confirm whether they are subject to or exempt from public charge before assuming the rule applies to their case.
What Factors Will USCIS Consider?
The Immigration and Nationality Act requires USCIS officers to consider five statutory factors when determining whether an applicant is likely at any time to become a public charge:
- Age – including whether the applicant’s age affects the ability to work or support themselves.
- Health – including physical or mental health conditions that may affect employability or require substantial care.
- Family status – including household size and family circumstances.
- Assets, resources, and financial status – including income, assets, financial obligations, and available support.
- Education and skills – including education, employment history, occupational skills, and ability to earn income.
USCIS emphasizes that the analysis is prospective. Officers are not simply asking whether an applicant has ever used a public benefit. They are evaluating whether, based on all of the circumstances, the applicant is likely in the future to depend on government assistance to meet basic needs.
The guidance also emphasizes an applicant’s ability and willingness to work. USCIS explains that even an applicant with relatively low income may generally not be likely to become a public charge if they are healthy, willing, and able to work and otherwise demonstrate the ability to support themselves.
How Public Benefits Will Be Considered
One of the most important changes concerns the treatment of means-tested public benefits. For means-tested public benefits received before September 18, 2026: USCIS will consider only public cash assistance for income maintenance and long-term institutionalization at government expense. For means-tested public benefits received on or after September 18, 2026: USCIS may consider a broader range of means-tested public benefits as part of the totality of the circumstances.
USCIS explains that a benefit is generally considered means-tested when eligibility depends on income or assets falling below a certain threshold. Examples of benefits that could potentially qualify include:
- Cash assistance
- Public or assisted housing
- Food assistance
- Government-funded health coverage
- Financial aid for postsecondary education
- Other similar benefits where eligibility is based on income or assets
USCIS also clarifies that earned benefits such as Social Security and Medicare are not considered means-tested public benefits. Unemployment insurance benefits are also not treated as means-tested public benefits for this purpose.
What receiving benefits does not mean:
- Receiving a public benefit does not automatically make an applicant inadmissible.
- USCIS must consider benefits together with the applicant’s age, health, finances, education, employment prospects, family circumstances, and other relevant evidence.
- Benefits received by a child or another relative are generally not automatically attributed to the applicant.
USCIS states that receipt occurs when the applicant is actually listed as a beneficiary of the benefit. If a benefit is received by a child or other relative, USCIS generally will not treat that as though the applicant personally received the benefit.
However, if a household member receives a means-tested public benefit because the applicant’s household income or assets fall below a certain threshold, USCIS may consider that underlying financial information when evaluating the applicant’s assets, resources, and financial status.
How Form I-864 Fits Into the Public Charge Analysis
For many family-sponsored immigrants and certain employment-based applicants, Form I-864, Affidavit of Support Under Section 213A of the INA, remains an important part of the public charge analysis.
A qualifying sponsor uses Form I-864 to agree to provide financial support to the intending immigrant. Under the updated guidance, USCIS may consider more than whether the affidavit technically satisfies the minimum requirements.
Officers may also consider factors such as:
- Whether the sponsor appears willing and able to provide financial support
- The number of immigrants the sponsor is already obligated to support
- The sponsor’s financial circumstances
- Whether the sponsor has fulfilled prior or existing sponsorship obligations
USCIS states that no single factor, other than the absence of a sufficient Form I-864 when one is required, should by itself determine whether an applicant is likely to become a public charge.
Public Charge Bonds
The new guidance also addresses the use of public charge bonds in adjustment of status cases. If USCIS determines that an applicant is inadmissible only because the applicant is likely at any time to become a public charge, USCIS may invite the applicant to post a public charge bond.
A public charge bond is a financial guarantee intended to provide assurance that the applicant will not become a public charge. USCIS may consider how much government assistance the applicant could potentially receive during the next five years when determining an appropriate bond amount.
Applicants may post either a cash bond or, when permitted, a surety bond through a qualifying surety company. Applicants should not file Form I-945, Public Charge Bond, unless USCIS specifically invites them to do so. USCIS states that an applicant may submit Form I-945 only after receiving an invitation through a Notice of Intent to Deny. USCIS will not accept unsolicited public charge bonds.
Why the September 18 Filing Date Matters
The filing date of an adjustment of status application determines which public charge framework USCIS will use.
- Form I-485 postmarked or electronically submitted on or after September 18, 2026: The new 2026 public charge guidance applies.
- Form I-485 filed on or after December 23, 2022, but before September 18, 2026: USCIS will adjudicate the application under the 2022 public charge regulations and related guidance.
- Form I-485 filed before December 23, 2022: USCIS will generally apply the 1999 Interim Field Guidance.
This distinction is particularly important for applicants preparing to file adjustment of status around the September 18 effective date. The applicable public charge framework may differ depending on when USCIS receives or considers the application filed.
Schedule a Consultation with an Immigration Lawyer
Frequently Asked Questions
Does receiving public benefits automatically make me ineligible for a green card?
No. USCIS uses a totality of the circumstances analysis. Receipt of a means-tested public benefit is one factor that may be considered along with your age, health, family status, finances, education, skills, employment prospects, and other relevant circumstances.
Does the new public charge guidance apply to marriage-based green cards?
Generally, yes. Spouses of U.S. citizens seeking adjustment of status are generally subject to the public charge ground of inadmissibility unless another exemption applies. Form I-864 is also generally required in marriage-based adjustment cases.
Does the rule apply to employment-based green cards?
Yes. Many employment-based adjustment applicants, including EB-1, EB-2, EB-3, and EB-5 applicants, are subject to the public charge ground of inadmissibility unless an exemption applies.
Will USCIS count benefits received by my child against me?
Generally, USCIS does not treat a benefit received by a child or other relative as if the applicant personally received that benefit. However, if a household member receives a means-tested benefit because the applicant’s household income or assets fall below a certain threshold, USCIS may consider that underlying financial information as part of the applicant’s financial circumstances.
Are Social Security and Medicare considered public benefits under this guidance?
USCIS states that earned benefits such as Social Security and Medicare are not considered means-tested public benefits. Unemployment insurance benefits are also not treated as means-tested public benefits.
Does using food, housing, or healthcare assistance automatically result in a denial?
No. For means-tested benefits received on or after September 18, 2026, USCIS may consider such benefits as part of the overall analysis, but receipt alone is not automatically outcome determinative. Officers must consider the applicant’s complete circumstances.
Can I submit a public charge bond proactively?
No. Form I-945 may only be submitted if USCIS specifically invites the applicant to post a public charge bond. USCIS will not accept an unsolicited bond.
Does this guidance apply to every immigration application?
No. The USCIS guidance specifically addresses public charge determinations made by USCIS in the adjustment of status context. The public charge ground can also apply to certain visa applicants and applicants for admission, but those determinations are handled by the Department of State and U.S. Customs and Border Protection under their respective authorities.
Important notice:
This post summarizes USCIS’s August 18, 2026 public charge guidance for general informational purposes only and does not constitute legal advice. Public charge determinations are highly fact-specific and depend on an applicant’s immigration category, financial circumstances, immigration history, and other individual factors. Consult an immigration attorney for guidance specific to your situation.
Sources
- USCIS – Guidance on Making Public Charge Inadmissibility Determinations (August 18, 2026)
- USCIS Policy Manual – Volume 8, Part G: Public Charge Ground of Inadmissibility
- USCIS – Form I-864, Affidavit of Support Under Section 213A of the INA
- USCIS – Form I-945, Public Charge Bond
We Can Help!
If you have questions about how the new USCIS public charge guidance may affect your adjustment of status application, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping individuals and families immigrate to the United States. Please read some of our hundreds of 5-star client reviews! Contact us today to discuss your legal situation.
SIANA J.MCLEAN is a Partner at Richards and Jurusik, who practices immigration law with a focus on asylum, removal defense, and immigration court matters. She has extensive experience representing clients before U.S. Immigration Courts and the Board of Immigration Appeals. (Full Bio)
