Status as of September 7, 2026. The DHS final rule rescinding the 2022 public charge regulations was published in the Federal Register on July 20, 2026 (91 FR 45324, DHS Docket No. USCIS-2025-0304) and takes effect on September 18, 2026. On August 18, 2026, USCIS issued Policy Alert PA-2026-09 and rewrote Volume 8, Part G of the Policy Manual. As of September 7 there is no known court order staying the rule; every prior version of the public charge rule drew litigation, so the current posture is verified against the Federal Register publication and Volume 8, Part G of the Policy Manual.
Beginning September 18, 2026, USCIS applies a different framework to the public charge ground of inadmissibility under INA 212(a)(4) — whether an applicant is "likely at any time to become a public charge." The 2022 regulation, which for four years confined officers to a narrow "primarily dependent" test, is rescinded, and no new regulation takes its place. What remains is the statute and subregulatory USCIS guidance that directs officers to consider a substantially wider range of public benefits. Below: what changed, which date governs what, who is exempt, and what happens to Forms I-485 and I-864.
In brief
- The rule takes effect September 18, 2026 and applies to adjustment of status applications postmarked or electronically submitted on or after that date, and to applications for admission made on or after that date.
- Benefits received before September 18, 2026 are assessed under the narrow 2022 standard. Benefits received on or after that date — any means-tested public benefit, weighed in the totality of the circumstances.
- A new edition of Form I-485 (09/18/26) is mandatory from September 18, with an expanded question about means-tested public benefits.
What changes on September 18, 2026
The rescission removes the 2022 Final Rule (87 FR 55472), which defined public charge as primary dependence on the government and permitted consideration of only three forms of assistance: federal cash assistance for income maintenance (SSI and TANF), state or local general assistance, and long-term institutionalization at government expense. SNAP, most Medicaid programs, CHIP, WIC, and housing assistance were excluded from the analysis by the express terms of the regulation.
DHS rescinded that structure without replacing it. In the preamble, the department states that the regulatory framework constrained officers and impeded individualized assessment, and that rescission restores broad discretion and a totality-of-the-circumstances evaluation. The rescission does not revive the 2019 rule — that rule remains rescinded and is not being reinstated.
The practical result: no regulation now limits which benefits may be counted. What governs is the statute, which does not define "likely at any time to become a public charge," and 99 pages of new Policy Manual guidance that USCIS adjudicators apply.
Which date governs: benefits before and after September 18
The dividing line is not the date of decision but the date the benefit was received and the date the application was filed. The rule applies to Forms I-485 postmarked or electronically submitted on or after September 18, 2026. Applications sent earlier are adjudicated under the 2022 regulations even if decided in 2027.
| When the benefit was received | What the officer considers |
|---|---|
| Before September 18, 2026 | Only public cash assistance for income maintenance (SSI, TANF, state general assistance) and long-term institutionalization at government expense |
| On or after September 18, 2026 | Any means-tested public benefit, irrespective of the time frame, as one factor in the totality of the circumstances |
| Forms I-485 postmarked before December 23, 2022 | Adjudicated under the 1999 Interim Field Guidance (64 FR 28689) |
What counts as a means-tested public benefit
The guidance does not define the term; it supplies criteria instead. A benefit is generally means-tested if eligibility turns on the person's income or assets falling below a certain threshold. A benefit is generally public if the payments or assistance are provided by a federal, state, or local government agency or from appropriated government funds.
USCIS gives as examples cash assistance, public or assisted housing, need-based financial aid for postsecondary education, food assistance, government-funded health coverage, and any other similar benefit provided to an individual, household, or family unit.
The guidance states expressly what is not means-tested: earned or work-related benefits — Social Security retirement and disability, Medicare, unemployment insurance, and workers' compensation. Those are not considered in the public charge analysis.
"Receipt" is not limited to payments actually received. An application for a benefit, and approval or certification to receive one in the future, are also considered — together with any evidence that the person withdrew the application or notified the granting agency of an intent to disenroll.
The five statutory factors: age, health, family status, finances, education
Officers are directed to weigh the five statutory minimum factors under INA 212(a)(4)(B)(i). No single factor is dispositive, with one exception: an insufficient Form I-864 where one is required.
- Age. Assessed through its effect on the other factors. A child is not expected to earn a living, so the resources of parents or guardians carry particular weight. For older applicants, officers scrutinize current and future employment plans; where the applicant has retired or is nearing retirement, officers assess retirement plans, accounts, benefits, and household assets.
- Health. Officers must not make medical diagnoses and defer to the civil surgeon's report on Form I-693. A Class A classification triggers a separate health-related ground of inadmissibility; a Class B certification is relevant to the ability to work and the likelihood of extensive medical or institutional care. Disability alone is insufficient to support a public charge finding. Health insurance sufficient to cover anticipated costs may also be considered.
- Family status. The household includes the applicant; the spouse, parents, unmarried siblings under 21, and children, where they physically reside with the applicant; anyone listed as a dependent on the applicant's federal tax return; and anyone who lists the applicant as a dependent on theirs. Household size affects both this factor and the financial assessment.
- Assets, resources, and financial status. Annual household income is considered: employment and self-employment income (including income earned without work authorization), alimony, child support, Social Security retirement, government pensions, unemployment payments, and veterans' benefits. Income from means-tested public benefits is not counted. Assets include bank and retirement accounts, investments, and equity in real estate and vehicles; liabilities include mortgages, car payments, loans, alimony, and child support.
- Education and skills. Degrees, certifications, licenses, and occupational skills, including language skills and English proficiency. Employment history, periods of unemployment, and employment prospects are weighed, and officers may request evidence of prospective employment including a job offer with estimated wages. The guidance directs officers to consider positively the unpaid contributions of a primary caregiver in the household, which may outweigh deficiencies in education, skills, or work history.
Officers may additionally consider the request, receipt, or approval of a USCIS fee waiver — when it was granted, the amount, and the eligibility ground. More recent fee waivers carry more weight.
What changes for sponsors and Form I-864
A sufficient Form I-864 no longer resolves the public charge question. Under the new guidance it is a minimum requirement and one factor among many: once the officer confirms the sponsor's income meets 125 percent of the federal poverty guidelines, the analysis moves on to the five statutory factors and the rest of the record.
The sponsor is also now subject to review — specifically whether the sponsor is actually willing to provide support. Officers may consider the sponsor's relationship to the applicant and whether they live or intend to live together, whether the sponsor met obligations under prior sponsorships, how far the sponsor's income and assets exceed the 125 percent threshold, whether the sponsor receives means-tested public benefits, whether the sponsor received a USCIS fee waiver, and the sponsor's financial history including bankruptcy and unmet obligations.
Separately, a new edition of Form I-864 itself (08/24/26) has been in effect since August 31, 2026; it adds a privacy release authorizing USCIS to request information from consumer reporting agencies. Details are on the Form I-864 page at uscis.gov.
The new Form I-485 edition from September 18
From September 18, 2026, USCIS requires the 09/18/26 edition of Form I-485. The 01/20/25 edition is not accepted from that date, and the new edition is not accepted if submitted before it — meaning the window for a version error falls precisely on the transition days.
One block changed on the public charge question. Question 63 in Part 9 previously asked about receipt of SSI, TANF, or state cash general assistance; the wording is now broader — whether the applicant has ever received any means-tested public benefit. If the answer is yes, new question 64 requires listing the specific benefit, start and end dates, dollar amount where applicable, and the reason for receipt.
The form instructions do not define "means-tested public benefits" and refer applicants to the Policy Manual. Initial evidence requirements are unchanged: with one exception, no public charge evidence is submitted with the application, and USCIS issues a Request for Evidence (RFE) if it needs more. The current edition is verified on the Form I-485 page at uscis.gov.
Who is exempt from public charge
The exemptions are set by Congress and are not affected by the rescission of the 2022 rule. The public charge ground does not apply to refugees and asylees, including their subsequent adjustment of status; to VAWA self-petitioners; to applicants for and holders of U and T status; to special immigrant juveniles (SIJ); to applicants under the Cuban Adjustment Act, NACARA, and HRIFA; to certain Afghan and Iraqi special immigrants; to TPS applicants; and to a number of other categories. The full list with its qualifications appears in Volume 8, Part G of the Policy Manual.
Benefits received by U.S. citizen children
The guidance states that USCIS does not automatically attribute a U.S. citizen or lawful permanent resident child's receipt of benefits to the parent. Nor does it attribute to the applicant the act of applying for a benefit on another person's behalf.
There is a qualification. Where children or other household members whom the applicant is legally obligated to support receive means-tested public benefits based on the applicant's income or assets, the adjudicator may treat that as an indication that the applicant's income or assets fall below the relevant threshold.
The expected scale is worth noting: in the rule's regulatory analysis, DHS estimates budgetary savings of $13.05 billion annually "due to disenrollment or forgone enrollment," and the preamble acknowledges that family members forgoing benefits they are entitled to "may lead to" consequences for public health, community stability, and resilience. This is an effect documented by the agency itself, not a projection by outside observers.
The consular track: why the standard abroad is stricter
The Policy Manual guidance is addressed to USCIS adjudicators. It does not extend to applications for admission at ports of entry adjudicated by CBP, to visa applications before the Department of State, or to adjustment of status before the Executive Office for Immigration Review (EOIR).
The Department of State applies its own public charge definition in 9 FAM 302.8 and is not directly bound by the DHS interpretation. The FAM itself has not been amended in the past two years; a November 2025 cable to all consular posts, however, substantially expanded the factors and evidence officers are told to consider: the burden of proof rests entirely on the applicant, and financial, medical, and family circumstances as well as English proficiency are examined. A separate line of developments is the suspension of immigrant visa issuance for nationals of 75 countries beginning January 21, 2026 pending a reassessment of public charge screening; it is being challenged in court.
Public charge bonds under the new framework
Where USCIS finds an applicant inadmissible on public charge grounds but otherwise admissible, the application may be approved on posting a bond. The procedure has changed: a bond on Form I-945 may be posted only by invitation from the officer, and the invitation follows a formal Notice of Intent to Deny (NOID).
The officer sets the amount at discretion under amended 8 CFR 103.6(c). The regulation establishes a minimum of $1,000 but permits a substantially higher figure — higher as the assessed likelihood of dependence and the projected volume of benefits increase. A bond is cancelled and returned after five years without breach, on naturalization, on death, on permanent departure, or on replacement by an approved substitute bond. For bonds posted on or after September 18, 2026, receipt of any means-tested public benefit before cancellation constitutes a breach.
Frequently asked questions
What happens to an application filed before September 18, 2026?
The rule makes the filing date determinative. Forms I-485 postmarked or electronically submitted before September 18, 2026 are adjudicated under the 2022 regulations and the related Policy Manual guidance, even if the decision comes later.
Does Medicaid count in a green card case after September 18?
Medicaid is a means-tested program and may be considered under the new guidance if the assistance was received on or after September 18, 2026. Medicaid received before that date is assessed under the 2022 standard, where the program was not counted except for long-term institutionalization at government expense.
Do benefits received by a U.S. citizen child count?
USCIS states that receipt of benefits by a citizen or lawful permanent resident child is not automatically attributed to the parent, and that applying for a benefit on another person's behalf is not attributed to the applicant either. However, where household members the applicant is legally obligated to support receive means-tested benefits based on the applicant's income or assets, the officer may treat that as an indication that the applicant's income or assets fall below the threshold.
Does receiving a benefit mean automatic denial?
No. The guidance states expressly that there is no bright-line test and that past or current receipt of means-tested benefits may not be indicative of future receipt. The determination remains prospective and is made on the totality of the circumstances. The only factor that is dispositive on its own is an insufficient Form I-864 where one is required.
Who is exempt from the public charge ground?
Exempt by statute are refugees and asylees, including their subsequent adjustment of status, VAWA self-petitioners, applicants for and holders of U and T status, special immigrant juveniles, applicants under the Cuban Adjustment Act, NACARA and HRIFA, certain Afghan and Iraqi special immigrants, and TPS applicants. The rescission of the 2022 rule does not change this list.
Which edition of Form I-485 is required from September 18?
The 09/18/26 edition of Form I-485 is in effect from September 18, 2026. USCIS does not accept the prior 01/20/25 edition for filings made on or after that date, and does not accept the new edition for filings submitted before it. The current edition is verified on the form page at uscis.gov on the day of filing.
Official sources
| Resource | What it covers |
|---|---|
| Federal Register, 91 FR 45324 | Text of the final rule and the preamble with the DHS rationale and estimates |
| USCIS Policy Manual, Volume 8, Part G | Operative guidance to adjudicators: definitions, factors, evidence |
| Policy Alert PA-2026-09 (PDF) | What exactly changed in the Policy Manual on August 18, 2026 |
| Form I-485 at uscis.gov | Current form edition, instructions, and filing addresses |
| Form I-864 at uscis.gov | The 08/24/26 edition of the affidavit of support and its instructions |
| 9 FAM 302.8 | The Department of State's consular public charge standard |
This material is informational, current as of September 7, 2026, and is not legal advice. The public charge ground is assessed individually and on the totality of the circumstances; irreversible decisions — including the choice of a filing date — are made in consultation with a licensed immigration attorney.