Who does the public charge test apply to?

It applies to people applying for a visa, admission or adjustment of status, unless they are exempt. Many humanitarian groups are exempt by law, for example refugees and asylees adjusting status, special immigrant juveniles, and people applying for or re-registering for TPS. DHS says the rule changes which benefits are considered, not who is exempt. The full list is in the USCIS Policy Manual and the Form I-485 instructions.

My green card application was filed before September 18, 2026. Which rules apply?

If it was postmarked or electronically submitted between December 23, 2022 and September 17, 2026, it is decided under the 2022 rule and the related Policy Manual guidance. If it was filed before December 23, 2022, the 1999 Interim Field Guidance applies. DHS looks at the postmark date of the application now before USCIS, not of an earlier application that was rejected.

Which benefits count now?

For receipt on or after September 18, 2026, any government-funded benefit with a means test, meaning eligibility depends on income or resources being below a set level. DHS did not publish a list. It says it considers applying for, being approved for, and receiving such a benefit. The benefit is one factor, and officers look at the type of benefit, the circumstances, how long and how much.

Which benefits do not count?

Benefits without a means test and earned benefits are not considered. DHS names Title II Social Security benefits, government pension benefits, unemployment insurance payments and veterans' benefits.

I used Medicaid or SNAP before September 18, 2026. Will that be held against me?

DHS says it will not consider benefits that the 2022 rule excluded if they were received before September 18, 2026. For Medicaid received before that date, it considers only long-term institutional care, such as in a nursing facility or mental health institution. If you keep receiving a benefit on or after September 18, 2026, that later receipt may be considered. Speak with a qualified legal or benefits advisor about your own situation before making any change.

Do benefits my children or spouse receive count against me?

DHS says officers will not consider means-tested benefits received by household members as the applicant's own receipt. But if a family member you are legally required to support received benefits because your income was low, officers may consider your financial situation.

I received benefits as a refugee or asylee. Does that count later?

Refugees and asylees adjusting status under INA 209 are exempt from the public charge test. But if a person who received benefits while in an exempt category later applies in a category that is not exempt, DHS says it will consider that receipt. DHS says this is not outcome determinative on its own.

Does this rule change who can get benefits?

No. DHS says nothing in the rule changes eligibility for any public benefit and the rule does not direct anyone to disenroll. Eligibility is set by Congress and by states, territories, tribes and localities.

Will USCIS explain a public charge denial?

Yes. DHS says the general rule in 8 CFR 103.3(a)(1)(i), which requires officers to explain in writing the specific reasons for a denial, applies to public charge denials.

What is a public charge bond?

If an adjustment applicant is inadmissible only on the public charge ground, USCIS may invite the person to post a bond. For bonds submitted on or after September 18, 2026, receiving any means-tested public benefit breaches the bond. A bond can be cancelled after the fifth anniversary of the person's admission or adjustment, on request, if it was not breached.

USCIS's New Public Charge Guidance After the 2022 Rule Was Rescinded (2026)

Executive summary

On July 20, 2026, DHS published a final rule (91 FR 45324) that rescinds the 2022 public charge regulations. It took effect on September 18, 2026. DHS received 8,846 comments on the November 2025 proposal and finalized it as proposed.

On August 18, 2026, USCIS issued Policy Alert PA-2026-09 and rewrote Volume 8, Part G of its Policy Manual to match. The guidance applies to adjustment of status applications postmarked or electronically submitted on or after September 18, 2026. The rule also applies to applications for admission made on or after that date.

Officers now decide whether a person is likely at any time to become a public charge using the totality of the circumstances. They consider the factors the law requires (age, health, family status, assets, resources and financial status, and education and skills), a required Affidavit of Support, the applicant's own receipt of means-tested public benefits, and any other information they find relevant.

Under the 2022 rule, only a short list of benefits counted. Now DHS considers any government-funded benefit that has a means test, if the applicant applied for it, was approved for it or received it on or after September 18, 2026. Earned benefits without a means test, such as Social Security retirement, government pensions, unemployment insurance and veterans' benefits, are not considered.

Benefits received before September 18, 2026 are judged under the 2022 rule. Only SSI, TANF, state, tribal, territorial or local cash assistance for income maintenance, and long-term institutionalization at government expense count from that period. DHS says the rule does not change who is eligible for benefits and does not require anyone to stop using them.

What changed, in plain English

When you apply for a green card from inside the United States, USCIS checks whether you are likely to depend on the government in the future. This is called the public charge test. Some groups, such as refugees and asylees adjusting status, are exempt by law.

From 2022 until September 2026, the test used a fixed list. Only a few cash and long-term care benefits could count against you. Medicaid, SNAP (food stamps) and housing help generally did not.

That list is gone for new applications filed on or after September 18, 2026. Now USCIS can look at any benefit that is based on income, if you yourself apply for it or get it on or after that date. It is still one factor among many. Officers also look at your age, health, family, money, education, skills and any Affidavit of Support.

What you received before September 18, 2026 is judged under the old, shorter list. Benefits used by your family members, such as your U.S. citizen children, are not counted against you, though USCIS may look at your finances if a family member you must support got help because your income was low. Rules about benefits are complicated. Before changing anything about the benefits your family uses, talk with a qualified immigration attorney, accredited representative or benefits advisor.

What the rule and policy say

The DHS final rule removes 8 CFR 212.20 through 212.23, the 2022 rule's applicability section, definitions, determination framework and list of exemptions and waivers. It is effective September 18, 2026.
Officers consider the statutory factors in INA 212(a)(4)(B), the applicant's application for, approval for, or receipt of means-tested public benefits, any other case-specific factors, and relevant empirical data, in the totality of the circumstances.
No single factor, other than the lack of a sufficient Affidavit of Support (Form I-864 or I-864EZ) when one is required, can be the sole basis for finding a person likely to become a public charge.
Receipt of any means-tested public benefit on or after September 18, 2026 may be considered. Before that date, only SSI, TANF, state, tribal, territorial and local cash assistance for income maintenance, and long-term institutionalization at government expense are considered, as under the 2022 rule.
Benefits received by household members are not considered as the applicant's receipt. Benefits the applicant received while in an exempt category may be considered if the applicant later applies in a category that is not exempt.
Statutory exemptions and waivers are unchanged. DHS removed the list from the regulations and points to the Policy Manual and Form I-485 instead.
For public charge bonds submitted on or after September 18, 2026, receiving any means-tested public benefit is a breach. Bonds submitted earlier are breached only by cash assistance for income maintenance or long-term institutionalization (8 CFR 103.6(c)(1)).
Adjustment applications filed from December 23, 2022 until before September 18, 2026 are decided under the 2022 rule. Applications filed before December 23, 2022 follow the 1999 Interim Field Guidance.