U.S. Tightens Green Card Rules with New Public Charge Test

The United States is set to tighten its public charge assessment for green card applicants, effective September 18, 2026, according to updated guidance from the U.S. Citizenship and Immigration Services (USCIS).

This guidance outlines how USCIS officers will evaluate whether an immigrant is likely to become a public charge, defined as someone who may depend primarily on government assistance. The assessment will consider five statutory factors: age, health, family status, assets, resources, and financial status, along with education and skills.

For benefits received before the effective date, USCIS will evaluate public cash assistance and long-term institutionalization. After September 18, a broader range of means-tested benefits will be considered.

The changes follow a Department of Homeland Security rule published on July 20, which rescinds the 2022 public charge regulation. Exemptions will remain for certain categories, including refugees and asylees.

USCIS may also invite applicants deemed inadmissible due to public charge concerns to post a financial bond.