WASHINGTON, D.C., UNITED STATES — The United States is set to broaden how immigration authorities assess whether certain applicants for permanent residence could become a “public charge,” with a new rule taking effect on September 18, 2026.
The Department of Homeland Security (DHS) finalized the rule in July, rescinding the 2022 regulations governing public charge determinations. The new policy restores broader discretion to immigration officers to consider a wider range of information when deciding whether an applicant is likely to become primarily dependent on government support.
The change is expected to affect people seeking admission to the United States or adjustment of status to lawful permanent resident, including some applicants seeking a Green Card. Under the rule, applications for admission made on or after September 18, as well as adjustment-of-status applications postmarked or submitted electronically from that date, will be assessed under the new framework.
A major change is the broader range of public benefits that officers may consider. DHS says officers will consider receipt of means-tested public benefits as part of the overall assessment, rather than limiting consideration to the narrower categories specified under the 2022 regulation. However, receiving a benefit does not automatically make an applicant inadmissible. Instead, the benefit use will be considered alongside other circumstances surrounding the applicant.
The assessment will continue to include several factors required under U.S. immigration law. These include an applicant’s age, health, family status, assets and financial resources, education and skills. Officers may also consider an Affidavit of Support when one is required, as well as other relevant information in determining whether the applicant is likely to become a public charge.
Financial circumstances are expected to remain particularly important. Immigration authorities can examine household income, assets and liabilities when evaluating an applicant’s overall financial position. Education, professional qualifications, work experience, licences and other skills may also be relevant because they can indicate an applicant’s ability to support themselves.
The new approach represents a significant departure from the 2022 framework, which specifically restricted the public benefits that could be considered. Under that rule, non-cash benefits generally were not counted in public charge determinations, while certain cash assistance and long-term institutional care were considered.
DHS says the purpose of the new rule is to restore what it considers a more appropriate interpretation of the public charge statute and give officers greater ability to evaluate each case individually. The agency argues that immigration decisions should account for all relevant circumstances when determining whether someone is likely to become primarily dependent on government assistance.
The rule does not, however, prohibit immigrants from applying for or receiving government benefits for which they are legally eligible. DHS specifically states that applicants may continue to seek means-tested benefits, including assistance related to food, clothing and housing. The potential immigration consequence arises from how benefit use is assessed as part of the broader public charge determination.
The change has drawn criticism from immigration advocates and some lawmakers, who argue that the broader discretion could create uncertainty for immigrants and discourage eligible people from accessing public assistance. Supporters of the policy, meanwhile, view the change as a way to reinforce self-sufficiency and ensure that immigration decisions account for an applicant’s ability to support themselves.
Applicants preparing Green Card or immigrant visa applications will therefore face a greater need to understand how their financial circumstances, household situation, education, health and use of public benefits could be viewed under the new framework.
The September 18 effective date is particularly important. The final rule states that receipt of means-tested public benefits before that date will continue to be considered under the 2022 regulation, while applications falling under the new implementation date will be assessed under the revised framework.
As the implementation date approaches, prospective immigrants and their sponsors are likely to pay closer attention to their documentation and financial circumstances. The new policy gives immigration officers wider discretion, meaning public charge determinations will increasingly depend on the totality of each applicant’s circumstances rather than one isolated factor.
The broader message from DHS is that applicants must demonstrate circumstances consistent with self-sufficiency, while immigration advocates warn that the expanded review could make the process more complicated and uncertain. The rule is scheduled to take effect September 18, marking a significant shift in how the United States evaluates public charge concerns in immigration cases.
