DHS Finalizes New Public Charge Rule
Question not answered yet? We are here to help! Get in touch and ask us anything.
Effective September 18, 2026, the Department of Homeland Security (DHS) is rescinding the 2022 public charge regulations and giving USCIS officers broader discretion when determining whether an applicant is likely at any time to become a public charge.
How officers will decide
Under the new framework, officers will evaluate the totality of the applicant’s circumstances on a case-by-case basis. As required by the Immigration and Nationality Act, the review includes factors such as:
- Age
- Health
- Family circumstances
- Financial resources
- Education and skills
What else changes
The rule also changes how certain public benefits may be considered and revises the regulations concerning public charge bonds.
Who is covered
The new rule applies to covered applications for admission made on or after September 18, 2026, and to adjustment of status applications postmarked or electronically submitted on or after that date.
For adjustment of status applications, the postmark or electronic submission date decides which rules apply. Anything filed on or after September 18, 2026, is reviewed under the new framework.
Source: USCIS Public Charge