US tightens green card rules with stricter public charge test

The United States is tightening its immigration policies with updated guidance on the public charge requirement for green card applicants, set to take effect on September 18, 2026. U.S. Citizenship and Immigration Services (USCIS) has published new instructions detailing how officers will determine if an immigrant is likely to become dependent on government assistance.

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USCIS will review all relevant evidence in an alien’s record and make case-by-case decisions in the totality of the alien’s circumstances.

The updated policy mandates that USCIS officers consider five key statutory factors: the applicant's age, health, family status, assets, resources, financial status, and education and skills. The agency stated that decisions will be made on a case-by-case basis, considering the "totality of the alien's circumstances" and any other relevant factors, including past receipt of means-tested public benefits.

For benefits received before the new policy's effective date, USCIS will focus on public cash assistance for income maintenance and long-term government-funded institutional care. However, for benefits received on or after September 18, 2026, a broader range of means-tested benefits will be considered. This change aims to align with congressional intent that immigrants remain self-sufficient and do not rely on taxpayer-funded programs.

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USCIS said officers may also consider other relevant factors, including an applicant’s receipt of means-tested public benefits.

Despite the stricter assessment, certain groups remain exempt from the public charge requirement. These include refugees, asylees, victims of trafficking and certain criminal activities, special immigrant juveniles, and self-petitioners under the Violence Against Women Act. USCIS will also continue its public charge bond process, allowing applicants deemed inadmissible solely on public charge grounds to post a financial bond.

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The updated approach is intended to reflect congressional intent that immigrants in the United States remain self-sufficient and do not depend on taxpayer-funded government benefits.