DHS Updates Green Card Rules for Individual Assessments

On 16 July 2026, the Department of Homeland Security announced a final rule rescinding the 2022 public charge regulation, which had previously governed how immigration officers assessed an applicant's likelihood of becoming financially dependent on government benefits. This change restores a discretionary framework, allowing USCIS officers to consider all relevant facts surrounding each individual applicant.

The public charge test, a long-standing aspect of US immigration law, permits authorities to deny a Green Card to individuals deemed likely to become primarily dependent on government assistance. The new rule took effect on 18 September 2026, requiring applicants filing Form I-485 to submit the updated version of the form.

Any older versions postmarked or submitted after this date will not be accepted. Zach Kahler, a spokesperson for USCIS, emphasized the significance of this shift towards a broader, officer-led assessment of applicants' circumstances.