Green card update: Five factors USCIS will review from Sept. 18 when deciding permanent residency cases

A new USCIS approach to public-charge inadmissibility will take effect on Sept. 18, changing how officials assess some applications for permanent residence in the United States. The agency will examine whether applicants demonstrate enough economic self-sufficiency to qualify for a green card.

Federal law requires officers to review five mandatory factors in every adjustment-of-status case. The updated guidance follows a Department of Homeland Security directive that repeals the Biden administration’s 2022 public-charge rules. The new regulation appeared in the Federal Register on July 20, 2026, and takes effect on Sept. 18.

That date marks a transition in the treatment of government assistance. For benefits received before Sept. 18, officials will consider only cash assistance and long-term medical institutionalization. Once the new rule takes effect, officers will examine any type of public subsidy. The benefits listed for review include food stamps, housing subsidies, financial aid for higher education and direct cash assistance.

The updated rules also give officials discretion to suggest a public-charge bond when an applicant is inadmissible solely for this financial reason. The bond would serve as an economic guarantee that the applicant will not depend on state funds. After receiving a formal invitation from immigration officials, the applicant would file Form I-945. The amount would depend on an estimate of the assistance the person might receive over the following five years.

Federal law provides exemptions for groups considered vulnerable to this economic admissibility review. The list directly includes refugees, asylees and victims of gender-based violence.