New Public Charge Rule: What Changes Beginning September 18, 2026

A new public charge rule takes effect on September 18, 2026. Learn what is changing, who may be affected, and how USCIS may consider public benefits under the new policy.

The Department of Homeland Security (DHS) has published a final rule changing how certain public charge determinations will be made. The rule takes effect on September 18, 2026, and gives immigration officers broader discretion when deciding whether an applicant may be likely to depend on public assistance in the future.

This does not mean that everyone who receives a public benefit will be denied permanent residence. The rule does not apply to every immigrant or every immigration process. Instead, it changes the information USCIS may consider in certain applications.

What Does “Public Charge” Mean?

Under U.S. immigration law, certain applicants may be found inadmissible if the government determines that they are likely to become a “public charge” at some point in the future.

A public charge determination is forward-looking. The government is not only asking whether someone received assistance in the past. It is evaluating whether, based on the person’s complete circumstances, the individual is likely to depend on public assistance in the future.

When making this decision, immigration officers must consider at least the applicant’s:

• Age;
• Health;
• Family situation;
• Income, assets, resources, and overall financial condition;
• Education and job skills; and
• Form I-864, Affidavit of Support, when one is required.

Why Is DHS Changing the Rule?

The new final rule removes most of the public charge regulations adopted in 2022.

According to DHS, the 2022 rule was too restrictive because it limited the types of information officers could consider. DHS states that the new rule restores broader discretion and allows officers to review all relevant facts when evaluating whether an applicant is likely to become a public charge.

The new rule does not replace the 2022 regulations with another detailed list of definitions. Instead, officers will make more individualized decisions based on the totality of each applicant’s circumstances.

What Will Change?

Under the 2022 rule, public charge determinations focused mainly on:

• Public cash assistance for income maintenance; and
• Long-term institutional care paid for by the government.

Beginning September 18, 2026, USCIS officers may consider a much wider range of information.

Officers may consider whether the applicant personally:

• Applied for a means-tested public benefit;
• Was approved or certified to receive one;
• Previously received one; or
• Is currently receiving one.

A means-tested public benefit is generally a government-funded benefit for which eligibility depends on whether a person’s income or financial resources are below a certain level.

USCIS may also consider any other information the officer believes is relevant to the applicant’s ability to remain financially self-sufficient.

What Types of Benefits May Be Considered?

DHS did not create a complete or fixed list of every benefit that may be considered. The rule allows officers to review any government-funded benefit for which eligibility is based on the applicant’s income or resources.

Depending on the program and the applicant’s circumstances, this may include:

• Medicaid and other income-based healthcare programs;
• SNAP food assistance;
• WIC;
• Government-funded or subsidized housing assistance;
• Certain income-based tax credits; and
• Other federal, state, local, or tribal programs with financial eligibility limits.

Both cash and noncash benefits may be considered.

Because DHS did not publish a complete list, the name of a program alone may not determine whether it falls under the rule. Officers may need to examine how the program is funded and whether eligibility is based on income or financial resources.

Will Receiving a Public Benefit Automatically Cause a Denial?

No. Applying for, being approved for, or receiving a public benefit does not automatically make someone a public charge.

USCIS must evaluate the applicant’s complete situation. When reviewing the use of a benefit, an officer may consider:

• The type of benefit involved;
• Why the applicant needed it;
• How recently it was received;
• How long the applicant received it;
• The amount of assistance provided;
• Whether the applicant received one or several benefits;
• Whether the circumstances were temporary or ongoing; and
• The applicant’s current employment and future work opportunities.

For example, temporary assistance received during a short period of unemployment may not be treated the same as long-term dependence on several programs. However, the rule does not establish a specific formula explaining exactly how much weight an officer must give to each circumstance.

When Does the New Rule Apply?

The new rule applies to:

• Form I-485 applications postmarked or filed electronically on or after September 18, 2026; and
• Applications for admission made on or after September 18, 2026.

The filing date is important. Adjustment-of-status applications submitted before the effective date remain subject to the previous framework.

For benefits received before September 18, DHS will continue following the narrower 2022 standard. This means that benefits previously excluded from consideration, such as many noncash benefits, will not be evaluated under the expanded rule if they were received only before the effective date.

For the period before September 18, DHS will generally consider only public cash assistance for income maintenance and long-term institutional care paid for by the government.

What If a U.S.-Citizen Child Receives Benefits?

In general, USCIS will not treat benefits received by a U.S.-citizen child, spouse, or other relative as though the adjustment applicant personally received them.

USCIS has stated that, in adjustment-of-status cases, it will collect information about benefits requested or received by the person applying for permanent residence—not every member of the household.

However, the family’s financial circumstances may still become relevant in limited situations. For example, USCIS may consider:

• Whether a family member’s benefits are actually the applicant’s source of financial support; or
• Whether a family member whom the applicant is legally required to support qualifies for assistance because the applicant’s income is below the program’s financial limit.

This does not mean that a child’s Medicaid, SNAP, or WIC will automatically be counted as a benefit received by the parent. The focus remains on the applicant and the applicant’s financial circumstances.

What Benefits Are Generally Not Considered?

The rule focuses on benefits with income or resource requirements. Government services that are available without a financial eligibility test are generally not considered simply because they are publicly funded.

DHS specifically explains that earned benefits and certain benefits that are not means-tested will not be considered, including:

• Social Security benefits under Title II;
• Government pensions;
• Unemployment insurance payments; and
• Veterans’ benefits.

Public services generally available without an income test—such as public schools, fire department services, public parks, community centers, and generally available free vaccines—are also not treated as means-tested public benefits.

Does a Qualifying Sponsor or Joint Sponsor Resolve the Issue?

A sufficient Form I-864 remains required in most family-based immigration cases and certain employment-based cases. If an applicant is required to submit Form I-864 and does not provide a sufficient affidavit, the applicant may be found inadmissible.

However, under the new rule, submitting a sufficient Form I-864 does not automatically guarantee a favorable public charge determination.

The officer may consider the affidavit together with the other facts in the case, including:

• The sponsor’s income and financial resources;
• The relationship between the sponsor and the applicant;
• Whether the sponsor is financially supporting other immigrants; and
• How likely the sponsor is to provide the promised support.

Meeting the Form I-864 income requirement remains essential, but it may not be the only financial issue USCIS reviews.

Who May Be Affected?

The new rule may affect applicants who are subject to the public charge ground of inadmissibility and who:

• File Form I-485 on or after September 18, 2026; or
• Apply for admission to the United States on or after that date.

This may include many applicants seeking permanent residence through a family-based process.

The DHS rule does not directly revise the Department of State’s standards or procedures for visa applications processed at U.S. embassies and consulates. Consular cases remain subject to the laws and policies administered by the Department of State.

Does the Rule Apply to Everyone?

No. Public charge inadmissibility does not apply to every immigration category.

Certain humanitarian categories are exempt under federal law. These include certain applicants and permanent-residence processes involving:

• Refugees;
• Asylees;
• U nonimmigrants;
• T nonimmigrants;
• VAWA self-petitioners; and
• Other protected humanitarian categories.

The exemption depends on the specific category under which the person is applying. A person who previously held an exempt status but later applies through a different, nonexempt category may be subject to a public charge determination.

The rule also does not create a new public charge test for naturalization applications.

Does the Rule Change Eligibility for Public Benefits?

No. This immigration rule does not change the eligibility requirements for Medicaid, SNAP, WIC, housing assistance, or other public programs.

A person who qualifies for a benefit does not automatically lose that eligibility because of the new rule. Instead, the rule changes how applying for or receiving certain benefits may be considered in a future immigration decision.

Families should not assume that every benefit creates an immigration problem or cancel important healthcare, food, or housing assistance based only on information shared online. Whether the rule applies depends on the immigration category, filing date, person receiving the benefit, type of program, and complete circumstances of the case.

What Happens Next?

USCIS has stated that it will publish additional guidance for immigration officers before or when the rule is implemented.

That guidance will be important because the final rule removes several specific definitions and gives officers more discretion. Additional instructions may explain how USCIS expects officers to evaluate particular benefits and other circumstances.

Applicants should also pay attention to any updated version of Form I-485 and its instructions required on or after September 18, 2026. Complete and accurate answers regarding public benefits, income, household information, education, and employment will remain important.

Key Takeaway

The new rule does not say that everyone who has received public assistance will be denied permanent residence.

The principal change is that, beginning September 18, 2026, USCIS officers will have greater discretion to consider a broader range of income-based public benefits and other relevant facts. Each public charge determination must still be based on the applicant’s complete circumstances.

The filing date, immigration category, identity of the person receiving the benefit, type and duration of assistance, financial sponsorship, and applicant’s current situation may all be important.

Important notice: This article is provided for general educational and informational purposes only. It does not constitute legal advice. CNIS Immigration Services is an immigration document-preparation office and is not a law firm. We do not provide legal advice or legal representation. Anyone who needs advice about how the rule may apply to a specific situation should consult a licensed immigration attorney.