US tightens green card rules with stricter public charge test

The United States plans to tighten its green card requirements with a stricter public charge test starting September 18, 2026, according to updated guidance from the U.S. Citizenship and Immigration Services. The updated guidance outlines how immigration officers will assess whether an applicant is likely to become a public charge, meaning they would primarily rely on government assistance.

The new policy considers five factors: the applicant's age, health, family status, assets, resources, education, and skills. Officers will review all relevant evidence and make case-by-case decisions. They may also consider other factors, such as receipt of means-tested public benefits. For benefits received before the date, USCIS will consider cash assistance for income maintenance and long-term institutionalisation at government expense.

For benefits received on or after the date, a broader range of means-tested benefits will be considered. The changes follow a Department of Homeland Security rule rescinding the previous public charge regulation, which took effect on September 18. USCIS stated the updated approach aims to ensure immigrants remain self-sufficient and do not depend on taxpayer-funded benefits.

However, exemptions exist for certain categories, including refugees, asylees, victims of human trafficking, and qualifying criminal activity petitioners. The agency will continue its public charge bond process, inviting inadmissible applicants to post a financial bond. The new guidance applies to Form I-485 applications subject to the public charge ground of inadmissibility posted or submitted on or after the specified date.