The Department of Homeland Security (DHS) released final regulations concerning administration of federal immigration law’s “public charge” provision, which may apply to immigrants applying for green card based on a Family Petition (Form I-130) or an Employer Petition (Form I-140). Read on about what this rule means and how to proceed if you may be impacted.
BREAKING – July 2026
The new public charge rule will take effect on September 18, 2026 and will only apply to applications filed and benefits received on or after that date. All pending applications and applications filed before then fall under the current less restrictive rule.
The new public charge rule takes away important guidance and gives immigration officials more discretion to consider various factors in their decisions.
Whatever rule is in place, public charge only applies to 2 types of cases: (1) applications for a visa to enter the U.S. and (2) applications for permanent residence (a green card) based on a petition filed by a relative (who is a U.S. citizen or permanent resident) or an employer.
Immigration statuses not subject to the public charge rule: Asylee, Refugee, SIJs, DACA, TPS, VAWA, U-Visa, T-Visa
Naturalization (applications for citizenship) has no public charge test.
What is “public charge”?
The “public charge” inadmissibility test has been part of federal immigration law for over 140 years. It is designed to identify people who may depend on the government as their main source of support in the future. If an immigration or consular official determines that someone is likely to become a “public charge,” the government can deny that person’s application for admission to the United States or an application for lawful permanent resident status (also called a “green card”).
How does the new rule redefine “public charge”?
The new rule removes the current definition of a “public charge.” It says that DHS will consider all factors and information relevant to a noncitizen’s likelihood at any time of becoming a “public charge.” The law requires officers to consider age; health; family status; assets; resources, financial status, education and skills; and may consider an affidavit of support. However, DHS could factor in “any other information the officer deems relevant to a public charge inadmissibility determination.” DHS states that through this rule it is moving away from “a bright line” standard and instead relying on immigration officers’ discretion.
Who is NOT impacted by the public charge rule?
- Immigrants with humanitarian protections, including refugees, asylees, survivors of domestic violence, trafficking and other serious crimes, special immigrant juveniles, and certain individuals paroled into the U.S.
What will be the impact of the new public charge rule?
The deliberately vague proposal is designed to deter lawfully present immigrants and U.S. citizens in immigrant families from seeking care and help for which they qualify under federal law. These changes are likely to have a large chilling effect on immigrants’ willingness to seek critical benefits for themselves and their families. As DHS acknowledges in the preamble, this could cause harm to families, communities, health care providers, food retailers and more. Because most immigrants without green cards are not eligible for many public benefits, the harm will fall mainly on U.S. citizens and green card holders – especially children – who may avoid using benefits.