On August 18, 2026, U.S. Citizenship and Immigration Services issued updated USCIS public charge guidance in the USCIS Policy Manual, explaining how the agency will decide whether an applicant for adjustment of status is likely at any time to become a public charge.
The guidance follows a Department of Homeland Security final rule rescinding the 2022 public charge inadmissibility regulations. DHS announced the rule on July 16, 2026, published it in the Federal Register on July 20, 2026, and set it to take effect September 18, 2026. USCIS states the updated guidance is controlling and supersedes prior guidance, including the 1999 Interim Field Guidance.
Who Is Subject and Who Is Exempt
Every applicant for adjustment of status is subject to the public charge ground of inadmissibility unless filing in an exempt category. Family based applicants, employment based applicants including priority workers, professionals with advanced degrees, individuals of exceptional ability, skilled workers, investors, and religious workers are all subject to the ground. Diversity visa immigrants are also subject.
Congress has exempted a number of categories, among them asylees and refugees, special immigrant juveniles, Temporary Protected Status applicants, T and U nonimmigrants, self petitioners under the Violence Against Women Act, applicants under the Cuban Adjustment Act, and certain surviving family members of military personnel.
How Officers Will Decide
The Immigration and Nationality Act does not define public charge. Officers must weigh five statutory factors: age, health, family status, assets, resources and financial status, and education and skills. Officers may also consider Form I-864, Affidavit of Support Under Section 213A of the INA.
Officers will further consider receipt of means tested public benefits. Timing matters. For benefits received before September 18, 2026, USCIS will consider only public cash assistance for income maintenance and long term institutionalization at government expense. For benefits received on or after that date, USCIS will consider any and all benefits, including housing assistance, food stamps, and financial aid for college. Every decision is made case by case on the totality of the circumstances.
Public Charge Bonds
Where an applicant is inadmissible only on public charge grounds, an officer may invite the applicant to post a cash or surety bond using Form I-945. USCIS will not accept a bond absent an invitation issued in a Notice of Intent to Deny. The bond amount reflects the assistance the applicant could receive over five years.
Timing
The guidance applies to Forms I-485 postmarked or electronically submitted on or after September 18, 2026.
Frequently Asked Questions
When does the new USCIS public charge guidance take effect?
September 18, 2026. It applies to Forms I-485 filed on or after that date.
Does it apply to my pending green card application?
It applies to filings postmarked or submitted electronically on or after September 18, 2026.
Will past use of food stamps or housing assistance count against me?
Benefits received before September 18, 2026 are considered only if they were cash assistance for income maintenance or long term institutionalization. Benefits received on or after that date may be considered in full.
Are employment based applicants affected?
Yes. Priority workers, advanced degree professionals, skilled workers, investors, and religious workers are all subject to the public charge ground.
Do nonimmigrant visa holders need to worry now?
The guidance addresses adjustment of status. Individuals planning to file Form I-485 should review their record before filing.
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