US green card rules change from September 18: What new ‘public charge’ test means for Indians
3 min readNew DelhiUpdated: Aug 20, 2026 05:46 PM IST
The US Citizenship and Immigration Services (USCIS) has issued new guidance on how immigration officers will determine whether certain applicants for lawful permanent residence are likely to become a “public charge”, as the Trump administration replaces the Biden-era framework with a broader case-by-case assessment.
The new rule finalised by USCIS comes into effect on September 18 and adheres to congressional intent that foreigners in the United States “be self-sufficient and not dependent on taxpayer-funded government benefits.”
The change could affect Indian nationals applying for US permanent residency through categories subject to the public-charge ground of inadmissibility.
What changes after September 18?
The development follows the Department of Homeland Security’s rescission of the 2022 public-charge regulations. USCIS has now issued policy guidance implementing the new framework, which takes effect on September 18.
No single factor, other than the lack of a sufficient required Affidavit of Support, can by itself determine that an applicant is likely to become a public charge.
USCIS specifically states that starting September 18:
Receipt of any means-tested public benefit such as cash assistance for income maintenance, housing assistance, food stamps, financial aid for college, or any other similar benefit may be considered in a public charge determination.
Applications for, approval for, or certification to receive means-tested benefits may also be considered public charge.
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Who is subject to Public Charge?
USCIS said in its latest update that any applicant who is seeking adjustment of status to a lawful permanent resident is subject to the public charge ground until they are applying for an immigration category that remains exempt.
Family-based immigrants that are subject to public charge:
- Spouses, children, and parents of US citizens
- Unmarried sons and daughters of US citizens and their children
- Spouses, children, and unmarried sons and daughters of LPRs
- Married sons and daughters of US citizens and their spouses and children
- Brothers and sisters of US citizens
- Fiancé(e)s of US citizens
- Widows or widowers of US citizens
Employment-based immigrants that are subject to public charge:
- Priority workers
- Professionals with advanced degrees or aliens of exceptional ability
- Skilled workers, professionals, and other workers
- Certain employees or former employees of the US government abroad
- Panama Canal Zone employees
- Foreign medical school graduates
- Retired employees of international organizations
- International broadcasters
- Diversity visa immigrants
Who is exempt from Public Charge?
- Asylees and refugees
- Amerasian immigrants at admission
- Special immigrant juveniles
- Applicants for registry
- Applicants seeking Temporary Protected Status
- Victims of human trafficking (T nonimmigrants)
- Victims of qualifying criminal activity (U nonimmigrants)
- American Indians born in Canada who are not US citizens
Five factors determining Public Charge
USCIS officers will consider five statutory factors when making public charge inadmissibility determinations.
- Age
- Health
- Family Status
- Assets, resources, and financial status
- Education and skills
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