U.S. Citizenship and Immigration Services (USCIS) has issued updated guidance explaining how immigration officers will determine whether certain applicants for lawful permanent residence are likely to become a “public charge.”
The guidance follows a Department of Homeland Security (DHS) final rule rescinding the 2022 public charge regulations. The final rule was published in the Federal Register on July 20, 2026, and both the rule and updated USCIS guidance take effect September 18, 2026. The changes affect how USCIS evaluates certain applicants filing Form I-485, Application to Register Permanent Residence or Adjust Status. Under the new guidance, officers will consider an applicant’s overall circumstances, including financial resources and, in some cases, the applicant’s receipt of government benefits.
Who Is Subject to the Public Charge Rule?
Not every person applying for lawful permanent residence is subject to the public charge ground of inadmissibility.
Generally, applicants seeking adjustment of status are subject to the public charge rule unless Congress has specifically exempted their immigration category. Many family and employment-based immigrants are subject to the rule, while refugees, asylees, certain victims of crime or trafficking, and several other humanitarian categories are exempt.
USCIS identifies the affected and exempt categories as follows:
| Categories Subject to Public Charge | Categories Not Subject to Public Charge |
| Spouses, children, and parents of U.S. citizens | Asylees and refugees |
| Unmarried sons and daughters of U.S. citizens and their children | Amerasian immigrants at admission |
| Spouses, children, and unmarried sons and daughters of lawful permanent residents | Afghan and Iraqi interpreters or Afghan and Iraqi nationals employed by or on behalf of the U.S. government |
| Married sons and daughters of U.S. citizens and their spouses and children | Cuban and Haitian entrants adjusting under section 202 of the Immigration Reform and Control Act of 1986 |
| Brothers and sisters of U.S. citizens | Applicants seeking adjustment under the Cuban Adjustment Act |
| Fiancé(e)s of U.S. citizens | Nicaraguans and other Central Americans adjusting status to lawful permanent residence |
| Amerasians based on a preference category, born on or after Dec. 31, 1950, and before Oct. 22, 1982 | Haitians adjusting under the Haitian Refugee Immigration Fairness Act of 1998 |
| Widows or widowers of U.S. citizens | Lautenberg parolees |
| Priority workers | Special immigrant juveniles |
| Professionals with advanced degrees or aliens of exceptional ability | Applicants for registry |
| Skilled workers, professionals, and other workers | Applicants seeking Temporary Protected Status |
| Investors | Certain nonimmigrant ambassadors, ministers, diplomats, other foreign government officials, and their families |
| Religious workers | Victims of human trafficking (T nonimmigrants) |
| Certain employees or former employees of the U.S. government abroad | Victims of qualifying criminal activity (U nonimmigrants) |
| Panama Canal Zone employees | Self-petitioners under the Violence Against Women Act (VAWA) |
| Foreign medical school graduates | Certain battered aliens who are “qualified aliens” under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 |
| Retired employees of international organizations | Applicants adjusting status who qualify for a benefit as surviving spouses, children, or parents of military members |
| U.S. armed forces personnel | American Indians born in Canada who are not U.S. citizens |
| International broadcasters | Certain members of the Texas Band of Kickapoo Indians of the Kickapoo Tribe of Oklahoma |
| Diplomats or high-ranking officials unable to return home under Section 13 of the Act of September 11, 1957 | Nationals of Vietnam, Cambodia, and Laos applying under the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 2001 |
| Diversity visa immigrants | Polish and Hungarian parolees |
| Certain entrants before Jan. 1, 1982 | Certain Syrian nationals |
| Alien witnesses or informants | Applicants adjusting under the Liberian Refugee Immigration Fairness law |
For applicants who fall within a category subject to the rule, being subject to public charge review does not mean they will automatically be found inadmissible. Instead, USCIS must evaluate the applicant individually.
How Will USCIS Make a Public Charge Determination?
The Immigration and Nationality Act requires USCIS officers to consider five factors when deciding whether an applicant is likely at any time to become a public charge:
USCIS may also consider Form I-864, Affidavit of Support, when applicable, as well as other evidence relevant to the applicant’s likelihood of becoming a public charge.
The new guidance makes the treatment of public benefits particularly important. For means-tested public benefits received before September 18, 2026, USCIS will consider only the applicant’s receipt of public cash assistance for income maintenance and long-term institutionalization at government expense. For benefits received on or after September 18, 2026, USCIS may consider a much broader range of means-tested benefits. These may include cash assistance, housing assistance, food stamps, financial aid for college, and other similar government benefits.
Importantly, receiving one of these benefits does not automatically make someone a public charge. USCIS officers will review the relevant evidence and make a case-by-case determination based on the totality of the applicant’s circumstances.
Public Charge Bonds
The updated guidance also explains how public charge bonds may be used in certain cases.
If USCIS determines that an applicant is inadmissible only because the applicant is likely to become a public charge, the officer may give that person an opportunity to post a public charge bond. The bond acts as a financial guarantee that the applicant will not become a public charge after receiving lawful permanent residence. USCIS will determine the amount of the bond by considering the government assistance the applicant may be eligible to receive over the following five years. An applicant who is offered this option may submit either a cash bond or a qualifying surety bond using Form I-945, Public Charge Bond. Applicants should not file Form I-945 on their own. USCIS will accept the form only when the agency specifically invites an applicant to post a bond through a Notice of Intent to Deny.
When Do the Changes Take Effect?
The updated public charge guidance takes effect September 18, 2026, and applies to Forms I-485 subject to the public charge ground of inadmissibility that are postmarked or electronically submitted on or after that date. The new guidance supersedes previous USCIS public charge guidance, including the 1999 Interim Field Guidance.
For applicants subject to the rule, the September changes mean USCIS officers will have a broader range of information available when evaluating whether an individual may become a public charge. However, no single factor, including the receipt of a particular public benefit, automatically determines the outcome. Each case will continue to be evaluated individually based on the applicant’s overall circumstances.