The Department of Homeland Security (DHS) has issued a final rule rescinding the 2022 Biden-era regulation regarding public charge determinations for certain applicants for admission and adjustment of status. The agency has announced plans to implement a new, broader public charge standard which is set to take effect on September 18, 2026.
Public charge is a statutory ground of inadmissibility that applies to individuals applying for an immigrant visa or adjustment of status, unless an exemption applies. Under the Immigration and Nationality Act (INA), an individual applying for a visa, admission, or adjustment of status is inadmissible to the United States if deemed likely at any time to become a public charge. While the INA does not define the terms “public charge”, it does specify that when determining whether an alien is likely at any time to become a public charge, consular officers and immigration officers must, at a minimum, consider a foreign national’s age; health; family status; assets, resources, and financial status; and education and skills.
With this final rule, the Biden-era public charge regulation has been rescinded and is being replaced with an expanded public charge policy. This new policy will give USCIS officers broader discretion in assessing whether an applicant is likely to become financially dependent on government assistance. The policy is also expected to expand both the range of government benefits and the factors that adjudicators may consider when evaluating whether a foreign national is likely to rely on government support in the future.
The final rule is set to take effect on September 18, 2026. The US Citizenship and Immigration Service (USCIS) is expected to publish a revised Form I-485, Application to Register Permanent Residence or Adjust Status. Older versions of Form I-485 postmarked or submitted electronically on or after the effective date will not be accepted.
The new policy guidance is expected to lower the standard for adjudicators in finding an applicant is likely to become a public charge, potentially resulting in increased scrutiny of an applicant’s likelihood of relying on government benefits.
The 2022 public charge framework remains in effect until September 18, 2026. As a result, public charge determinations made before that date will continue to be governed by the current rules and guidance.
Vialto will continue to monitor implementation of the rule and provide updates as they become available.
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
Sam Faisal
Manager, Attorney
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