US tightens green card rules with stricter public charge test

The United States is set to tighten its assessment of green card applicants' public charge risk starting September 18, 2026, according to updated guidance issued by U.S. Citizenship and Immigration Services (USCIS). The updated guidance explains how officers will decide whether an immigrant applying for lawful permanent residence is likely to become a public charge, defined as someone primarily dependent on government assistance.

Under the new policy, officers will consider five statutory factors - including the applicant's age, health, family status, assets, resources, and financial status, education, and skills - as well as the broader range of means-tested public benefits received on or after September 18. USCIS said officers may also consider other relevant factors, including receipt of means-tested public benefits prior to September 18.

The changes follow a Department of Homeland Security final rule rescinding a 2022 public charge regulation, which is set to take effect on September 18. The updated approach aims to reflect congressional intent that immigrants remain self-sufficient and not depend on taxpayer-funded government benefits. However, exemptions remain for certain categories including refugees, asylees, victims of human trafficking, special immigrant juveniles, and certain Violence Against Women Act self-petitioners.