USCIS updates public charge guidance, rescinds Biden-era rule

The US Citizenship and Immigration Services (USCIS) has issued updated guidance in its Policy Manual regarding how the agency will determine whether an applicant seeking lawful permanent residence (green card) is likely to become a public charge.

The new policy framework follows a final rule announced by the Department of Homeland Security (DHS) on July 16, 2026, which rescinds the 2022 Biden-era public charge regulations. Formally published in the Federal Register on July 20, 2026, the final rule goes into effect on September 18, 2026.

According to the agency, the updated guidance aligns with US congressional intent that noncitizens residing in the United States should maintain self-sufficiency rather than relying on taxpayer-funded government benefits.

USCIS outlined specific categories of applicants subject to the public charge ground of inadmissibility, alongside those explicitly exempted by Congress. Categories subject to public charge review include family-based applicants (spouses, children, parents, siblings, and fiancé(e)s of US citizens or LPRs), employment-based applicants (priority workers, advanced degree holders, skilled/unskilled workers, investors, religious workers, and foreign medical graduates), Diversity Visa immigrants, and international broadcasters. Exempt categories include refugees, asylees, victims of human trafficking and crime (T and U nonimmigrants), VAWA self-petitioners, Special Immigrant Juveniles, TPS applicants, and Afghan and Iraqi interpreters.

Under the Immigration and Nationality Act (INA), USCIS officers are mandated to evaluate five core statutory factors when determining inadmissibility: age; health; family status; assets, resources, and financial status; and education and skills. Officers may also consider Form I-864 (Affidavit of Support) executed by a sponsor.

In assessing benefit usage, USCIS will review cases based on the date of receipt. For benefits received prior to September 18, 2026, USCIS will strictly consider public cash assistance for income maintenance and long-term institutionalization at government expense.

 For benefits received on or after September 18, 2026, USCIS will consider any and all means-tested public benefits, including cash assistance, housing subsidies, food stamps (SNAP), and financial aid for college. Adjudications will be made on a case-by-case basis under the totality of the applicant’s circumstances.

In instances where an applicant for adjustment of status is found inadmissible solely on public charge grounds, a USCIS officer may invite the applicant to post a public charge bond. The bond acts as a financial guarantee—via cash or a US Treasury-certified surety company—to assure that the applicant will not depend on public assistance. The bond amount will be determined based on the estimated value of government assistance the individual might qualify for and receive over the next five years. Applicants may only submit a Public Charge Bond (Form I-945) if specifically invited to do so via a formal Notice of Intent to Deny (NOID). Unsolicited bond submissions will not be accepted by the agency.

The updated manual supersedes all previous guidance, including the 1999 Interim Field Guidance. The policy becomes effective on September 18, 2026, and applies to all Form I-485 applications postmarked or electronically submitted on or after that date.