08/18/2026
USCIS just sent this straight to on its stakeholder email list: the 2022 public charge rule is gone.
On July 16, 2026, DHS announced a final rule rescinding the Biden-era public charge regulations. It was published in the Federal Register on July 20, and it takes effect September 18, 2026. USCIS has now issued updated Policy Manual guidance to match, and flagged the change directly to attorneys subscribed to its update list.
Here's what it means if you have a Form I-485 pending or planned.
The standard: USCIS will again look at whether an applicant is "likely at any time to become a public charge," based on five factors set by Congress: age, health, family status, assets and financial resources, and education and skills. Your Form I-864 Affidavit of Support still matters here.
The benefits test changes on September 18. For benefits received before that date, only cash assistance for income maintenance and long-term institutional care count against you. For benefits received on or after that date, USCIS can weigh any means-tested public benefit.
Who's affected: most employment-based categories (priority workers, advanced-degree professionals, skilled workers, investors) and most family-based categories are subject to this review. Refugees, asylees, T and U visa holders, VAWA self-petitioners, TPS applicants, and several other humanitarian categories are exempt.
One more detail worth knowing: a public charge finding doesn't automatically mean denial. USCIS can invite an applicant to post a public charge bond (Form I-945) instead, which keeps the case alive if the bond is accepted.
If you're planning to file, or you already have a case in the pipeline, it's worth understanding where you stand before September 18.
This is general information, not legal advice. For how this applies to your specific case, talk to a licensed immigration attorney.
