A significant change to the immigration “public charge” rules will take effect on September 18, 2026. The Department of Homeland Security (DHS) has finalized a rule rescinding the public charge regulations that have been in place since 2022 and giving immigration officers substantially greater discretion when deciding whether certain applicants are likely to become a public charge.
The new rule applies to applications for admission made on or after September 18, 2026, and to applications for adjustment of status that are postmarked or electronically submitted on or after that date.
What Is the Public Charge Rule?
Federal immigration law allows the government to find certain applicants inadmissible if they are considered “likely at any time to become a public charge.” This ground of inadmissibility most commonly arises in applications for lawful permanent residence, including many family-based green card cases.
Under the 2022 rule, USCIS operated under a relatively defined framework. Officers considered factors required by the Immigration and Nationality Act, including an applicant’s age, health, family status, assets, resources, financial status, education, and skills. The rule also narrowly limited the types of public benefits that could negatively affect a public charge determination.
The September 18 rule removes much of that regulatory framework. Overall, DHS expresses that the purpose of the new rule is to assess whether the immigrant is self-sufficient and likely to depend on their own capabilities and the resources of their families, sponsors, and private organizations to meet their needs.
What Changes on September 18?
The most important change is greater officer discretion. Rather than being limited to the definitions and factors contained in the 2022 regulations, USCIS officers will once again make a broader, individualized determination based on the “totality of the circumstances.”
The rule also expands the types of public benefits that may be considered. DHS states that an applicant’s application for, approval for, certification to receive, or receipt of means-tested public benefits may be considered as part of the public charge analysis. This can include benefits that were generally excluded under the 2022 rule, such as certain Medicaid, SNAP, CHIP, food, and housing benefits.
Importantly, means-tested public benefits received before September 18, 2026 will continue to be evaluated under the prior framework from the 2022 Final Rule. The expanded treatment of previously excluded means-tested benefits generally applies to benefits received on or after the new rule’s effective date.
USCIS also generally will not treat benefits received by an applicant’s spouse, children, or other household members as if the applicant personally received those benefits.
Does Receiving a Benefit Automatically Mean Denial?
No. Receipt of a public benefit does not automatically make someone inadmissible.
Public charge remains a prospective, totality-of-the-circumstances determination. USCIS must evaluate the applicant’s individual situation rather than treating the receipt of a particular benefit as an automatic disqualifier.
Nevertheless, the new rule creates considerably more uncertainty because officers will have broader authority to decide what facts are relevant and how much weight to give them.
Applicants preparing to file for adjustment of status after September 18 should carefully consider and review their financial history, benefit usage, household circumstances, health insurance, employment, income, assets, and other relevant evidence before filing.
Because public charge does not apply to every immigration category and numerous exemptions remain available, applicants should obtain individualized advice before assuming that use of a public benefit will affect their immigration case.
Contact Joseph & Hall P.C. for individualized guidance on how the new public charge rules may affect your immigration case.
