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The US public charge rule changed for green card applicants on 18 September 2026. The 2022 rule was rescinded from that date, and USCIS guidance now applies to any Form I-485 postmarked or filed online on or after it. Officers can weigh a wider range of benefits than before. This guide explains what changed, who is covered and what the bond process looks like.
Jump to
- What changed on 18 September
- What officers weigh
- Which benefits count
- The Form I-945 bond
- Who is covered
- What applicants should do now
- Public charge questions
What the US public charge rule changed on 18 September
USCIS released updated Policy Manual guidance on 18 August 2026, as summarised by Visaserve. The guidance follows the rescission of the 2022 rule. The new approach covers adjustment-of-status filings made on or after 18 September 2026.
What officers weigh in a public charge decision
Officers look at five statutory factors: age, health, family status, assets and financial resources, and education and skills. They may also consider a completed Form I-864 and other relevant evidence. One rule is firm. According to Visaserve, no single factor automatically disqualifies an applicant, except failing to provide a required Affidavit of Support.
Which benefits now count against an applicant
This is the biggest practical shift. For benefits received before 18 September 2026, officers consider only cash assistance for income maintenance and long-term institutional care at government expense. For benefits received on or after that date, officers can consider “any and all means-tested public benefits,” including housing assistance, food stamps and college financial aid, per the summary. The Grape Law firm’s October update states the same split.
The Form I-945 public charge bond
If public charge is the only ground for refusal, USCIS may invite the applicant to post a bond on Form I-945. The bond amount reflects the assistance the person might realistically use over the next five years, per Visaserve. Applicants cannot offer a bond on their own. USCIS typically issues the invitation through a Notice of Intent to Deny and will reject a bond sent without one. The sources do not state a bond amount.
Who is covered and who is exempt
Most family-based and employment-based applicants are generally subject to review. Exempt groups include asylees and refugees, VAWA self-petitioners, T and U nonimmigrants, TPS applicants and diversity visa immigrants. Visaserve notes that the full exempt list is longer. A hypothetical example: Maricel, a Filipino nurse with an approved employment petition, files her I-485 in November 2026. She falls in a category the summary says is generally reviewed. Her salary, savings and work history would form her financial picture. Maricel is an illustration, not a real applicant.
What applicants should do now
Gather evidence of income, savings and employment first. Next, check whether any household member has used means-tested benefits since 18 September. Then complete the Form I-864 carefully if your category needs one. Finally, speak to an immigration attorney before you file, because eligibility turns on facts that a general article cannot assess. Related coverage includes the October 2026 Visa Bulletin and the PERM suspension for IT firms. To see which route may fit you, use our visa eligibility checker. This is general information, not legal advice.
Why a complete filing matters under the new rules
The Grape Law update reports that August 2026 USCIS guidance lets officers deny incomplete filings without first sending a Request for Evidence. That affects EB-1A and EB-2 national interest waiver cases, according to the update. The practical lesson applies to every green card category. Submit every required form and supporting document on the first filing, because an officer may not give you a second chance to fix gaps.
Public charge questions
When did the new public charge approach start?
The 2022 rule was rescinded effective 18 September 2026. The guidance applies to I-485 applications postmarked or filed online on or after that date.
Do pre-September benefits count?
Per the Visaserve summary, only cash assistance for income maintenance and long-term institutional care at government expense count for benefits received before 18 September 2026.
Can I post a bond voluntarily?
No. USCIS must invite a bond on Form I-945, usually through a Notice of Intent to Deny, and it rejects bonds sent without an invitation.
Is any single factor an automatic denial?
Only failing to provide a required Affidavit of Support, according to the summary. No other single factor automatically disqualifies an applicant.
Are refugees and asylees covered?
The summary lists asylees and refugees among generally exempt categories. It says the full exempt list is longer.
Sources
- Visaserve — USCIS issues new public charge guidance ahead of the September 18 effective date (18 August 2026). https://visaserve.com/uscis-issues-new-public-charge-guidance-ahead-of-the-september-18-effective-date/
- Grape Law — US immigration update October 2026 (8 October 2026). https://www.grapelaw.com/blog/us-immigration/us-immigration-update-october
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