The U.S. Department of Homeland Security has issued a final rule rescinding the 2022 public charge regulation, restoring broad discretion to USCIS officers when deciding whether green card applicants are “likely to become a public charge.” USCIS announced the change on July 16, 2026, and the new rule takes effect September 18, 2026.
What is changing. The 2022 Biden-era regulation narrowly defined the public charge test and generally barred officers from counting most non-cash benefits — such as Medicaid, food assistance (SNAP), or housing help — against an applicant. Rescinding that rule allows USCIS officers to once again weigh “all relevant factors” on a case-by-case basis under the Immigration and Nationality Act, including an applicant’s age, health, family status, financial resources, education, and skills. The stated goal, per USCIS, is to reaffirm self-reliance and ensure that those seeking permanent residence are not likely to become primarily dependent on public assistance.
A revised Form I-485. USCIS will publish an updated Form I-485 (Application to Register Permanent Residence or Adjust Status). This is critical for anyone with a pending or upcoming filing: older editions of the form postmarked or e-submitted on or after the September 18, 2026 effective date will be rejected. Applicants should confirm they are using the current edition before filing. Immigration attorneys are also anticipating the possible return of a self-sufficiency declaration akin to the former Form I-944, which required extensive documentation such as credit reports and benefit histories.
Public charge bonds. The final rule also revises the provisions governing public charge bonds, which may be required in certain cases where an applicant is found likely to become a public charge.
What it means for applicants. Employment-based applicants — including EB-2, NIW, and EB-1 adjustment filers — are generally in a stronger position on the public charge test because they demonstrate advanced skills, income, and self-sufficiency. Still, every adjustment applicant should expect closer scrutiny of financial documentation and should file on the correct form edition to avoid rejection. If your I-485 is pending or planned near the effective date, review your filing strategy now.
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