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USCIS updates public charge guidance for green card applicants
The new guidance outlines which immigrants may be subject to the rule and what factors USCIS officers will consider in making the determination.
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Malvika Choudhary - Tue, 18, Aug 2026
- 18:37 EDT
- 67
United States Citizenship and Immigration Services (USCIS). / IANS
U.S. Citizenship and Immigration Services (USCIS) has issued updated guidance on how it will determine whether immigrants applying for green cards are likely to become a “public charge.”
The guidance, issued Aug. 18, follows a Department of Homeland Security final rule announced July 16 that rescinds the 2022 Biden-era public charge regulations. The rule was published in the Federal Register on July 20 and will take effect Sept. 18, 2026.
Also Read: USCIS updates I-539, I-765 forms effective Sept. 15
USCIS said the updated guidance aligns with congressional intent that immigrants in the United States be self-sufficient and not dependent on taxpayer-funded government benefits.
The guidance explains which immigrants are subject to the public charge ground of inadmissibility and which categories are exempt. Those generally subject to the ground include certain family-based immigrants, employment-based immigrants, investors, religious workers and diversity visa immigrants.
Exempt categories include refugees and asylees, certain victims of human trafficking and qualifying criminal activity, special immigrant juveniles, certain applicants for Temporary Protected Status, Violence Against Women Act self-petitioners and certain military-related applicants, among others.
Five factors considered
The Immigration and Nationality Act requires USCIS officers to consider five factors when making a public charge determination: an applicant’s 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, which is executed by an individual who agrees to use their financial resources to support the immigrant.
USCIS officers will consider those factors along with other relevant evidence, including an applicant’s receipt of means-tested public benefits. These can include cash assistance for income maintenance, housing assistance, food stamps, financial aid for college and similar benefits.
The treatment of those benefits will depend on when they were received. For means-tested public benefits received before Sept. 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 Sept. 18, the agency will consider “any and all” means-tested public benefits.
USCIS said officers will review the relevant evidence in an applicant’s record and make determinations on a case-by-case basis based on the totality of the circumstances.
Public charge bonds
The guidance also outlines the public charge bond process for certain applicants.
If an officer determines that an immigrant seeking adjustment of status is inadmissible only because they are likely to become a public charge, USCIS may invite the applicant to post a public charge bond.
A public charge bond is a financial guarantee provided as assurance that the immigrant will not become a public charge. It may be submitted as a cash bond or a surety bond through a surety company certified by the U.S. Treasury.
USCIS will determine the bond amount by considering how much government assistance the immigrant may be eligible for and potentially receive over the next five years.
Applicants may submit Form I-945, Public Charge Bond, only if USCIS invites them to do so. The agency said it will not accept public charge bonds from applicants who have not received an invitation.
The updated guidance is controlling and supersedes related prior guidance, including the 1999 Interim Field Guidance.
It takes effect Sept. 18 and applies to Form I-485, Application to Register Permanent Residence or Adjust Status, applications subject to the public charge ground of inadmissibility that are postmarked or electronically submitted on or after that date.
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