• Home
  • US tightens green card screening…

US tightens green card screening with new public charge rules

The United States government is changing how immigration officers assess whether certain green card applicants are likely to become dependent on government benefits.

Beginning September 18, 2026, US Citizenship and Immigration Services will implement updated guidance for applying the “public charge” test to immigrants seeking to adjust their status to lawful permanent residents.

The change follows a Department of Homeland Security final rule that rescinds the 2022 public charge regulations.

DHS announced the rule on July 16, 2026, and it was published in the Federal Register on July 20.

The public charge provision allows immigration authorities to determine whether certain applicants for permanent residence are likely to become dependent on government assistance.

Under the new guidance, officers may assess an applicant’s overall circumstances, including whether the person has received certain means-tested public benefits.

USCIS said people applying to adjust their status to lawful permanent residents are generally subject to the public charge ground unless their immigration category is specifically exempt.

Covered family-based categories include spouses, children and parents of US citizens, as well as unmarried and married sons and daughters of US citizens.

The rules also cover brothers and sisters of US citizens and certain spouses and children of lawful permanent residents.

Fiancé(e)s and widows or widowers of US citizens may also be subject to the test.

Several employment-based immigration categories are covered as well, including priority workers; professionals with advanced degrees or individuals with exceptional ability; skilled workers; professionals and other workers; investors; and religious workers.

Diversity visa applicants and people in several other specified immigration categories may also be subject to the public charge ground of inadmissibility.