WASHINGTON, DC – A new U.S. Department of Homeland Security rule taking effect on September 18, 2026, will significantly expand how immigration officers evaluate green card applicants’ use of public benefits and overall financial self-sufficiency. The final rule rescinds a narrower 2022 Biden-era regulation and restores broader discretion under the long-standing “public charge” test. Under the updated standard, U.S. Citizenship and Immigration Services (USCIS) officers will assess the totality of an applicant’s circumstances, including age, health, family status, assets, financial resources, education, skills, and receipt of means-tested public benefits.
For benefits received on or after September 18, 2026, officers may consider a wider range of programs such as Medicaid, Supplemental Nutrition Assistance Program (SNAP/food stamps), housing assistance, and certain other income-based aid. Benefits received before that date will generally continue to be evaluated under the previous, more limited standard that focused mainly on cash assistance for income maintenance and long-term institutional care at government expense.
Receipt of benefits alone will not automatically result in denial. Officers must weigh all positive and negative factors on a case-by-case basis. However, DHS estimates the policy could lead roughly 950,000 people in immigrant households to drop or forgo benefits out of concern for their immigration status. The change applies primarily to Form I-485 adjustment-of-status applications filed on or after the effective date. Certain categories, including many refugees, asylees, and humanitarian applicants, remain exempt from the public charge ground of inadmissibility.USCIS has issued accompanying policy guidance clarifying the new framework and plans to update relevant forms. Applicants and their families are advised to review their circumstances carefully and consult qualified immigration counsel before filing.