United States to implement stricter green card scrutiny under new public charge rule

The U.S. Citizenship and Immigration Services (USCIS) is set to implement a revised ‘public charge’ policy on September 18, 2026. This new guidance expands the discretion of immigration officers to evaluate whether green card applicants are likely to become dependent on government assistance.

Under the new framework, officers will move beyond the narrower 2022 standards to conduct a broader review of an applicant’s individual circumstances. This assessment may include factors such as age, health, family situation, education, skills, and financial resources. Specifically, officers may consider whether applicants have received or are seeking means-tested benefits, including Medicaid, SNAP (food stamps), housing assistance, and need-based college financial aid.

The policy aims to ensure that immigrants seeking permanent residency are self-sufficient. While receiving certain benefits will not lead to an automatic denial, the expanded scrutiny could increase uncertainty for applicants with limited financial resources or specific medical needs. The rule applies based on the filing date of Form I-485; benefits received prior to September 18, 2026, will generally be subject to more limited review compared to those received after the implementation date.