The US Citizenship and Immigration Services issued new guidelines on Tuesday on how officials would determine if a Green Card applicant would become a burden on the government. “On July 16, 2026, DHS announced a final rule that rescinds the 2022 Biden-era public charge inadmissibility regulations. The final rule was formally published in the Federal Register on July 20, 2026, and goes into effect on Sept. 18, 2026. The updated guidance aligns with congressional intent that aliens in the United States be self-sufficient and not dependent on taxpayer-funded government benefits,” the USCIS said.
What is public charge ground of inadmissibility?
Public charge is a ground of inadmissibility for a Green Card. It means that if an applicant becomes a charge on the public, they are not allowed to become a permanent resident in the US. If they rely on government benefits, which are funded by taxpayers, the US is unlikely to give them permanent residence.The USCIS has published a detailed list of which categories come under the public charge test and which are excluded
Who are included in public charge test
- Spouses, children, and parents of US citizens
- Unmarried sons and daughters of US citizens and their children
- Spouses, children, and unmarried sons and daughters of LPRs
- Married sons and daughters of US citizens and their spouses and children
- Brothers and sisters of US citizens
- Fiancé(e)s of US citizens
- Amerasians based on preference category, born on or after Dec. 31, 1950, and before Oct. 22, 1982
- Widows or widowers of US citizens
- Priority workers
- Professionals with advanced degrees or aliens of exceptional ability
- Skilled workers, professionals, and other workers
- Investors
- Religious workers
- Certain employees or former employees of the U.S. government abroad
- Panama Canal Zone employees
- Foreign medical school graduates
- Retired employees of international organizations
- US armed forces personnel
- International broadcasters
- Diplomats or high-ranking officials unable to return home (Section 13 of the Act of September 11, 1957)
- Diversity visa immigrants
- Certain entrants before Jan. 1, 1982
- Alien witnesses or informants
Who are excluded from this new Green Card rule?
- Asylees and refugees
- Amerasian immigrants at admission
- Afghan and Iraqi interpreters or Afghan and Iraqi nationals employed by or on behalf of the US government
- Cuban and Haitian entrants at adjustment of status under section 202 of the Immigration Reform and Control Act of 1986
- Applicants seeking adjustment under the Cuban Adjustment Act
- Nicaraguans and other Central Americans who are adjusting status to lawful permanent resident
- Haitians who are adjusting status to lawful permanent resident under the Haitian Refugee Immigration Fairness Act of 1998
- Lautenberg parolees
- Special immigrant juveniles
- Applicants for registry
- Applicants seeking Temporary Protected Status
- Certain nonimmigrant ambassadors, ministers, diplomats, and other foreign government officials, and their families
- Victims of human trafficking (T nonimmigrants)
- Victims of qualifying criminal activity (U nonimmigrants)
- Self-petitioners under the Violence Against Women Act
- Certain battered aliens who are “qualified aliens” under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.
- Applicants adjusting status who qualify for a benefit as surviving spouses, children, or parents of military members
- American Indians born in Canada who are not US citizens
- Certain members of the Texas Band of Kickapoo Indians of the Kickapoo Tribe of Oklahoma
- Nationals of Vietnam, Cambodia, and Laos applying under the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 2001
- Polish and Hungarian parolees
- Certain Syrian nationals
- Applicants adjusting under the Liberian Refugee Immigration Fairness law
How will USCIS determine who could become public charge
They will check if the applicant is getting cash assistance for income maintenance, housing assistance, food stamps, financial aid for college, or any other similar benefit.If an officer believes that one applicant could become a public charge, they may invite the applicant to post a public charge bond. This will be a financial guarantee where individuals or companies pay a cash bond or post a surety bond with USCIS as an assurance that the applicant will not become a public charge.To determine the public charge bond amount, the USCIS officer will consider how much government assistance the applicant may be eligible for and potentially receive over the next five years.
