USCIS Public Charge Rule 2026: What Green Card Applicants Need to Know Before September 18

A new public burden rule for green card applicants will take effect in the United States on September 18, 2026. Find out what benefits immigration officers will now consider, how the date of application affects the outcome of the case, and who will not be affected by the changes

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U.S. Citizenship and Immigration Services is preparing for one of the most notable regulatory changes of the year. The U.S. Department of Homeland Security has officially repealed the public charge rule that was in effect since December 2022, and a new approach to evaluating green card applicants will take effect on September 18, 2026. For people applying for permanent residency in the United States, this change means greater authority for immigration officers and potentially a different outcome for their case – even if the applicant’s personal circumstances have not changed.

Also read, U.S. to repeal “Duration of Status” for F, J, and I visas: What will change for students in 2026.

Applying for residency abroad is rarely easy – each country has its own requirements, deadlines, and a list of papers to gather in advance. In order not to get lost in the bureaucratic details, the Visit World team has prepared immigration guides with step-by-step instructions for dozens of destinations. The material comes to your email in PDF format literally a few minutes after registration.

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What is the public burden rule?

The idea of ​​a public burden test has existed in American immigration law for decades. The essence is simple: before issuing a green card, the government wants to make sure that a person will be able to support themselves independently and will not become dependent on government support. The conclusion that the applicant is likely to become a public burden can lead to a refusal to consider the case - regardless of whether it is filed from the territory of the United States or through a consulate abroad.

What changes is not the presence of the test itself, but what benefits are taken into account and how much of their use is required for this to harm the application.

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What exactly will change after September 18, 2026?

Until 2022, officers had a much broader framework for assessing a case, and it is to this logic that the new rule essentially returns. Under the current standard, only cash assistance and long-term care in a government institution are taken into account, and only when the government is the person’s primary source of support. After the new rule takes effect, food stamps, Medicaid, and housing vouchers can also be taken into account - even if they are not the family’s primary source of income.

Simply put: a parent who works full-time but receives food stamps to cover part of the cost of food could not worry before - work was considered primary support. Starting in September, the officer will be able to take these vouchers into account as one of the factors, even despite stable employment.

We tell you about the paid expedited appointment of interviews for B-1/B-2 visas here.

What factors does the officer consider

USCIS will evaluate not one circumstance, but the overall picture of the case - this is called a check on the totality of the circumstances. The following are taken into account:

- Age, health and family status of the applicant;

- Income, assets and financial capacity;

- Education, professional skills and work experience;

- Receipt of certain government benefits based on the results of the means test.

It is important to understand: receiving public assistance in itself does not mean an automatic refusal. The officer is obliged to take into account both negative and positive factors of the case as a whole, and not make a decision solely on the basis of one point.

Does the date of submission of documents affect how the application will be considered?

A key point that is worth noting now: it is the date of submission that determines the rule under which the case will be considered. Applications submitted before September 18, 2026, as a rule, will be considered under the current regulations. Everything submitted on September 18 or later falls under the new standards. In parallel, USCIS will issue an updated version of Form I-485 for applicants to adjust status within the United States - the old version will not be accepted after the effective date, so the form should be checked separately before submission.

Those planning to apply for an immigrant visa through an embassy or consulate outside the United States should remember that such cases are handled by the State Department, not USCIS, and have their own separate policy regarding public nuisance.

More information on the new US Green Card rules here.

Child Benefits and Exempt Categories

One of the most common questions that families have is whether the child's government assistance will affect the parents' case. The answer is no. Assistance received by a U.S. citizen child is not considered assistance received by the applicant parent. That is, denying a child Medicaid or food assistance to which he is legally entitled makes no sense - it will not improve the parents' chances, but will only deprive the child of the support he deserves.

The public burden rule also does not apply to entire categories of applicants: refugees, asylum seekers, abused or neglected children applying for special immigrant status as a minor, U and T visa applicants, and those filing under the Violence Against Women Act.

What should applicants do now?

Since the rule will primarily affect people whose cases involve financial ability, it is wise to start preparing supporting documents in advance: recent pay stubs, tax returns, proof of employment, bank statements, health insurance, educational documents, or professional certificates. At the same time, rushing to submit an incomplete application just to make it by September 18 is a bad idea: an incomplete package of documents can create more problems than consideration under the new rule.

Each immigration case has its own nuances, so before making a decision about the deadlines for filing or stopping receiving any government assistance, it is worth consulting with a qualified immigration lawyer.

For details on current requirements for work visas, salaries, sponsoring companies and a step-by-step strategy for finding a job in the United States of America, click here.

Changes in American legislation such as the new public encumbrance rule are a reminder: before applying for a residence permit or citizenship, it is worth understanding the current requirements of a particular country in advance.

The Immigration Guide from Visit World explains step-by-step how to apply for a temporary or permanent residence permit or citizenship on various grounds, which authority is responsible for considering the case and what documents will be required. The guide also contains information on the cost of application, application processing times, rules for filling out the questionnaire and practical advice for staying in a new country. This is especially convenient when the rules change quickly, and finding a reliable source of up-to-date information on your own is not easy.

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Recall! In the US, the creation of new jobs has slowed down sharply, while the eurozone has maintained unemployment at a record low. This has increased attention to how the balance between the American and European economies is changing. We have already told you why the US labor market is losing momentum and what this means for the global economy.

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