NewsFlash! USCIS Issues Sweeping New Public Charge Guidance Effective September 18, 2026

On August 18, 2026, the U.S. Citizenship and Immigration Services (USCIS) issued extensive new policy guidance explaining how the agency will apply the public charge ground of inadmissibility. The guidance implements the Department of Homeland Security (DHS) final rule published on July 20, 2026, which rescinded the 2022 public charge regulations. The new guidance takes effect September 18, 2026, and generally applies to applications to register permanent residence or adjust status (form I-485) postmarked or electronically submitted on or after that date.

Broader Review of Means-Tested Public Benefits

Under the new policy, USCIS generally considers a person likely to become a public charge if that individual is more likely than not to become dependent on the government to meet basic needs, such as food, shelter, or healthcare. Officers will make this prospective determination based on the totality of the applicant’s circumstances.

For benefits received before September 18, 2026, USCIS generally will consider only public cash assistance for income maintenance and long-term institutionalization at government expense. For benefits received on or after September 18, 2026, however, officers may consider the applicant’s receipt of any means-tested public benefits. The policy identifies potentially relevant categories that include cash assistance, public or assisted housing, financial aid for post-secondary education, food assistance, and government-funded health coverage. Examples discussed in the guidance include Medicaid, the Children’s Health Insurance Program (CHIP), the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), the Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families (TANF), Supplemental Security Income (SSI), and federal rental assistance.

Earned benefits, including Social Security and Medicare, are not treated as means-tested public benefits. Unemployment insurance likewise is not considered a means-tested public benefit. Further, a benefit received by a child or another relative generally is not attributed to the adjustment applicant merely because the applicant applied on that person’s behalf.

Totality of the Circumstances Test

USCIS officers must consider the applicant’s age, health, family status, assets, resources, financial status, education, and skills. Officers also may consider an affidavit of support, when required, and any other relevant evidence. An applicant’s own application for, approval to receive, or receipt of means-tested public benefits on or after September 18, 2026, will be highly relevant.

There is no single bright-line test. No one factor generally determines the outcome, except that failure to submit a sufficient affidavit of support when one is required can independently result in a public charge finding. Even a sufficient affidavit of support does not, by itself, guarantee a favorable determination.

Public Charge Bonds

The guidance also explains procedures for public charge bonds. If USCIS determines that an adjustment applicant is inadmissible solely under the public charge ground but is otherwise admissible and eligible, USCIS may, in its discretion, invite the applicant through a notice of intent to deny (NOID) to post a bond. Applicants cannot submit a public charge bond unless USCIS first extends that invitation. The guidance provides officers with a framework for setting bond amounts and explains how bonds may be breached, maintained, substituted, or canceled.

Different Rules Apply Based on Filing Date

USCIS will apply the new guidance to I-485 applications postmarked or electronically submitted on or after September 18, 2026. Applications filed from December 23, 2022, through September 17, 2026, will continue to be adjudicated under the 2022 public charge rule and related guidance. Applications filed before December 23, 2022, will be adjudicated under the 1999 interim field guidance.

What Adjustment Applicants Should Do

Individuals planning to file for adjustment of status should review the new policy carefully before submitting form I-485 on or after September 18, 2026. Applicants should be prepared to provide evidence addressing statutory factors, including financial circumstances, employment history, education, skills, health, and household situation. Anyone who has applied for, been approved for, or received a means-tested public benefit should consult with a qualified immigration attorney about the potential impact of the new guidance on their case. Applicants should not discontinue essential benefits or healthcare based solely on general information, as there are exemptions for certain immigration categories and benefits received by other household members are generally not attributed to the applicant.

Conclusion

The September 18, 2026, policy represents a significant expansion of the public benefits and financial information USCIS may consider in public charge determinations for adjustment applicants. The Murthy Law Firm will continue to monitor implementation of the new rule and guidance and provide updates as additional information becomes available.

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