

A major change to U.S. immigration rules will take effect on September 18, 2026, when the Department of Homeland Security rescinds the 2022 public charge regulations.
The new framework will affect certain people applying for admission to the United States and those seeking a green card through adjustment of status.
What changes on September 18
Under the new rules, immigration officers will have broader discretion to consider an applicant’s overall circumstances when determining whether they are likely to become a public charge.
The review can include factors such as age, health, family status, assets and financial resources, education and skills, as well as the use of certain means-tested public benefits. No single factor automatically determines the outcome.
Which benefits can be considered?
The previous 2022 framework generally limited the public charge test to certain cash assistance for income maintenance and government-funded long-term institutionalization.

Starting September 18, DHS will be able to consider a broader range of relevant circumstances, including an applicant’s application for, approval or certification to receive, or receipt of means-tested public benefits.
Benefits received before September 18 will continue to be evaluated under the 2022 rules, according to DHS.
What green card applicants need to know
The filing date will determine which framework applies to adjustment-of-status cases. Applications postmarked or submitted electronically before September 18 will generally remain subject to the 2022 rule if they were accepted and are still pending.
Applications filed on or after September 18 will be reviewed under the new framework. USCIS is also introducing a revised Form I-485 for applications submitted from that date.

