US to restore stricter public charge test for green cards: Key changes

What is the US public charge rule? New immigration policy explained

The US Department of Homeland Security (DHS) has announced that it will scrap the Biden-era "public charge" regulation and bring back a stricter approach when deciding whether someone can receive a green card or certain other immigration benefits. The new rule takes effect on September 18, 2026.

 

"The now-rescinded Biden-era regulation restricted which public benefits DHS could consider, limiting officers’ ability to review all relevant factors as intended by Congress. With this final rule, USCIS officers are empowered to assess all pertinent facts on a case-by-case basis for each applicant," DHS said in a statement on Thursday.

 

What is the 'public charge' rule?

   

A public charge is someone whom the US government believes is likely to depend primarily on government assistance to support themselves.

 

US immigration law has included a public charge test for well over a century, and it is written into the Immigration and Nationality Act (INA). When someone applies for:

 

• a green card (lawful permanent residence),
• adjustment of status,
• or, in some cases, a visa,

 

immigration officers must decide whether that person is likely to become a public charge in the future.

 

What changed under Biden?

 

In 2022, the Biden administration narrowed the scope of the rule.

 

Instead of broadly examining an applicant's use of government benefits, officers mainly looked at whether the person was likely to become primarily dependent on government cash assistance or require long-term institutional care paid for by the government. The 2022 regulation also specified the factors officers could consider, making the review more limited.

 

What is changing now?

 

The Trump administration has rescinded the 2022 regulation.

 

According to DHS, immigration officers will once again have broader discretion to evaluate an applicant's financial circumstances using the "totality of the circumstances" rather than relying only on the narrower 2022 framework.

 

In practical terms, this means officers can weigh factors such as:

 

• income,
• assets,
• employment history,
• education and skills,
• health,
• family situation,
• financial resources,
• and evidence suggesting whether the applicant is likely to rely on public benefits in the future.

 

“The Trump administration is upholding the rule of law and protecting American taxpayers from subsidizing aliens who may become dependent on public benefits. USCIS is committed to safeguarding the safety, security, and financial well-being of Americans,” said U.S. Citizenship and Immigration Services spokesperson Zach Kahler.  

 

Does receiving one government benefit automatically lead to rejection?

 

No.

 

The rule does not say that using a particular benefit automatically disqualifies someone.

 

Instead, USCIS says officers will make individual, case-by-case assessments after reviewing all relevant facts. The use of public benefits is one factor that may be considered alongside many others.

 

Which benefits could come under scrutiny?

 

The final rule itself gives officers broad discretion rather than listing every benefit by name. However, the earlier Trump-era public charge policy considered benefits such as:

 

• Medicaid (subject to several exceptions),
• SNAP (food stamps),
• certain housing assistance,
• and other means-tested public benefits,
• as relevant when assessing whether an applicant was likely to become a public charge.

 

Who is affected?

 

The rule primarily affects people applying for:

 

• Green cards through adjustment of status
• Immigrant visas
• Admission to the United States where the public charge ground applies

 

It does not apply to everyone. Many humanitarian categories—including refugees and asylum applicants—are exempt from the public charge ground under US immigration law.

 

What does this mean for Indians?

 

Many Indian nationals apply for US permanent residence through employment-based or family-based immigration.

 

For these applicants, the public charge assessment may become more rigorous after September 18, 2026, particularly if there are concerns about future financial self-sufficiency. However, applicants with stable employment, sufficient income, assets or a qualifying financial sponsor are generally better positioned to satisfy the requirement that they are unlikely to become a public charge. The determination remains individualized rather than automatic.

 

"The expanded public charge policy will give USCIS officers broad discretion to determine whether an applicant is likely to become financially dependent on the government and is expected to expand the types of government benefits and factors to be considered by adjudicators when determining whether a foreign national is likely to become dependent on the government for support," said immigration law firm Fragomen in a note.  As law firm Envoy Global explains:  

Under the new rule: 

 

• USCIS officers will have broader discretion to assess public charge concerns. 
• Officers may evaluate all relevant facts and circumstances on a case-by-case basis. 
• DHS states the change restores its ability to apply the public charge inadmissibility provision consistent with congressional intent. 
• The agency will no longer be bound by the narrower framework established under the 2022 rule. 
• DHS says the revised approach reinforces the principle that foreign nationals seeking immigration benefits should be financially self-sufficient and not rely on taxpayer-funded public assistance.

Impact on Adjustment of Status Applicants

As part of implementing the rule, USCIS will publish a revised version of Form I-485, Application to Register Permanent Residence or Adjust Status.

 

Applicants should note: 

 

• USCIS will require a new edition of Form I-485 beginning September 18, 2026.
• USCIS will not accept previous editions of Form I-485 if applicants mail or submit them electronically on or after the effective date.
• Individuals filing adjustment of status applications should use the updated form once USCIS releases it.

 

 

Is there another important change?

 

Yes.

 

USCIS has announced that it will release a new version of Form I-485 (Application to Register Permanent Residence or Adjust Status) before the rule takes effect.

 

From September 18, 2026, applications submitted using an older version of Form I-485 will not be accepted, making it important for applicants to use the updated form when filing.

 

Why is this controversial?

 

Supporters of the rule argue it enforces the long-standing legal principle that immigrants should be financially self-reliant and not depend on taxpayer-funded benefits.

 

Critics, however, say the policy could discourage immigrants and even eligible family members from accessing healthcare, nutrition or housing assistance out of fear that it might affect future immigration applications. They also argue it disproportionately affects lower-income applicants.