The Department of Homeland Security (DHS) issued a final rule on July 16 that revives a “public charge” self‑sufficiency test for green‑card applicants. The rule takes effect on September 18 2026 and expands the factors immigration officers may consider when deciding whether to deny a green card.
What the rule changes
- The 2022 regulation that limited which benefits could be counted against an applicant is removed.
- Officers now use a “totality of the circumstances” assessment, weighing:
- Receipt of means‑tested benefits such as Medicaid, food stamps, and housing assistance (only benefits received on or after September 18 2026 count);
- Age, health, family status, assets, education, and skills.
- The rule does not provide a detailed rubric, leaving officers broad discretion to make “individualized, fact‑specific, case‑by‑case” determinations.
Expected impact
- DHS estimates that ≈ 950,000 people in immigrant households may drop or forego benefits they qualify for to avoid jeopardizing their status. Many of these are U.S. citizen children in mixed‑status families.
- Approximately 588,000 applicants adjust status inside the United States each year; all will now face the expanded discretion without a published standard.
- The change may create a chilling effect on low‑income applicants who rely on public assistance, potentially increasing the number of denied green‑card applications.
Effect on investors
- EB‑5 investors must invest at least $800,000 and document the lawful source of every dollar.
- Gold Card applicants start at $1 million under the pay‑to‑stay pathway.
- Both categories are required to submit an affidavit of support, a binding pledge to reimburse the government for any benefits the new resident receives. This makes the public‑charge test effectively redundant for wealthy investors.
Broader immigration context
- In May, USCIS reclassified in‑country adjustment of status as “extraordinary relief,” pushing many temporary‑visa holders toward consular processing abroad.
- A new Form I‑485 accompanies the public‑charge rule; any older version submitted on or after September 18 2026 will be rejected outright.
- The rule adds procedural hurdles to an already strained system, which is also facing embassy backlogs and the September 2027 sunset of EB‑5 regional‑center authorization.
Practical advice for applicants
- Document resources thoroughly and be prepared to demonstrate self‑sufficiency before the September 18 2026 deadline.
- Diversify reliance on any single public‑benefit program or jurisdiction to reduce vulnerability.
- Submit the correct, up‑to‑date Form I‑485 to avoid automatic rejection.
The rule signals a tighter approach to public‑charge determinations, with the most immediate consequences for low‑income green‑card seekers, while wealthy investors remain largely insulated due to existing financial safeguards.
Source article: www.imidaily.com
