Visa Lawyer Blog
Major changes to the public charge policy took effect on September 18, 2026, changing how USCIS evaluates individuals applying for permanent residence in the United States.
The new policy gives immigration officers more discretion to consider government benefits and an individual’s circumstances when deciding whether someone is likely to become a public charge.
What Is Public Charge?
“Public charge” is a ground of inadmissibility used to determine whether a green card applicant is likely to rely on government assistance for support.
A public charge finding can affect whether an applicant is allowed to obtain permanent residence or enter the United States.
What Changed on September 18, 2026?
The federal government rescinded the 2022 DHS public charge rule and replaced the way USCIS evaluates green card applications with new agency guidance.
The change became effective September 18, 2026.
Under the new policy:
- USCIS may consider a broader range of government-funded benefits.
- Immigration officers have greater discretion when reviewing an applicant’s circumstances.
- Means-tested benefits which are programs generally available based on income or financial need may now be considered.
- The government may also consider a wider range of financial circumstances to evaluate whether an applicant is likely to become a public charge.
Receiving a public benefit does not automatically mean that someone will be denied a green card on public charge grounds. The determination depends on the person’s particular immigration case and circumstances.