US implements stricter public charge rules for green card applicants

The United States is implementing stricter public charge rules for certain green card applicants, effective September 18, 2026. Following a Department of Homeland Security decision to rescind 2022 regulations, U.S. Citizenship and Immigration Services (USCIS) will apply new guidance to Form I-485 applications for adjustment of status.

Under the revised framework, immigration officers will conduct case-by-case assessments based on the totality of an applicant's circumstances. Key factors for evaluation include age, health, family status, assets, financial resources, and education and skills. For benefits received on or after the effective date, officers may consider a broad range of means-tested public benefits, such as housing assistance, food assistance, and financial aid for post-secondary education. This marks a shift from previous rules that primarily focused on cash assistance and long-term institutionalization.

The changes primarily affect those seeking permanent residency through family-sponsored or employment-based categories. While certain humanitarian groups, such as refugees and asylees, are exempt, the new scrutiny is expected to impact a wide range of professionals, investors, and family members. Analysts suggest the lack of specific definitions for key concepts may lead to uncertainty and could potentially deter eligible immigrant families from utilizing essential health and nutrition programs.