A new US immigration rule expanding how officers assess whether certain immigrants could become a “public charge” takes effect on September 18, 2026. The change is expected to bring wider scrutiny to some green card applications, including adjustment-of-status cases submitted through Form I-485.
The Department of Homeland Security has rescinded the 2022 public-charge regulations and returned to a broader case-by-case assessment. Under the revised approach, immigration officers can examine the totality of an applicant’s circumstances before deciding whether the person is likely to become primarily dependent on public resources.
The change could be particularly important for Indian nationals pursuing employment-based permanent residency. Indians form a significant section of the employment-based green card backlog, with many applicants currently living in the United States on temporary work visas.
Officers may consider an applicant’s age, health, family circumstances, financial assets, income, education, employment history and professional skills. The evaluation can also include relevant use of means-tested public benefits.
Receiving public assistance, however, will not automatically lead to rejection. Officers must review the applicant’s complete circumstances instead of basing the decision on a single benefit, financial issue or personal factor.
The public-charge ground of inadmissibility generally applies to people seeking admission as immigrants and to applicants seeking adjustment of status, unless they fall under a legally exempt category. Applicants should therefore confirm whether the rule applies to their specific immigration classification. The USCIS Policy Manual explains the general applicability of the public-charge test and identifies exemptions.
The assessment may affect eligible applicants in family-based, employment-based and diversity visa categories. Certain religious workers, Temporary Protected Status holders seeking adjustment and returning permanent residents treated as applicants for admission may also face an assessment depending on their circumstances.
Applicants filing Form I-485 may need to provide clear and consistent evidence about their income, assets, employment, education, health coverage and household circumstances. Those with complicated benefit histories or financial situations may require additional documentation to explain their overall ability to remain self-sufficient.
The revised framework also retains the option of a public-charge bond in applicable cases. Such a bond acts as a financial guarantee that the applicant will not become a public charge. Applicants should not submit a bond independently unless USCIS requests one. If the required bond is accepted and all other eligibility conditions are satisfied, the application may still be approved.
The rule does not mean every green card applicant will be denied for receiving a public benefit. Its main effect is to give immigration officers broader discretion to evaluate the complete record. Because individual outcomes will depend on visa category, exemptions and personal circumstances, applicants concerned about the change should seek advice from a qualified US immigration attorney.
