Public Charge Changes - September 18, 2026

On July 16, 2026, the USCIS issued a final rule that rescinded the 2022 Biden era regulation that restricted which public benefits the Department of Homeland Security can consider when deciding if an applicant for adjustment of status is inadmissible due to being a public charge.

Since the Biden era regulations were rescinded, new guidance went into effect on September 18, 2026.  The new rules allow the DHS officers to consider five statutory factors and any other factor relevant to assessing the applicant’s likelihood of becoming a public charge, including the applicant’s receipt of means-tested public benefits, such as cash assistance for income maintenance, housing assistance, food stamps, financial aid for college, or any other similar benefit.  Additionally, the USCIS will review all benefits received by the applicant after September 18, 2026, and has the discretion to make case-by-case decisions in the totality of the applicant’s circumstances before determining if the applicant is a public charge.

In summary, the DHS officer is given specific guidance on what to review, but also discretion to consider all the circumstances before deciding whether or not the applicant is inadmissible because of being a public charge.

The September 18 rule also made changes that impact the applicant’s financial sponsor.  By signing Part 8 of the 08/24/26 edition of Form I-864, Affidavit of Support, the sponsor authorizes USCIS and the Department of State to obtain credit reports and scores from consumer reporting agencies to assess whether the affidavit is sufficient, and to share that information with the sponsored immigrant so the immigrant can respond. USCIS has published no score cutoff. You do not submit a credit report with the packet.

Finally, if a USCIS officer determines an applicant applying for adjustment of status is inadmissible only because they are likely at any time to become a public charge, the USCIS officer may invite the applicant to post a public charge bond. A public charge bond is a financial guarantee where individuals or companies pay a cash bond or post a surety bond with USCIS as an assurance that the applicant will not become a public charge. If the applicant posts a bond in compliance with the form instructions and the notice issued by the USCIS officer, the USCIS officer may approve the applicant’s application for adjustment of status.

To determine the public charge bond amount, the USCIS officer will consider how much government assistance the applicant may be eligible for and potentially receive over the next five years. If USCIS invites an applicant to post a public charge bond, the applicant may submit a cash bond or a surety bond (posted through a surety company certified by the U.S. Treasury) by submitting a Form I-945, Public Charge Bond.  Applicants may only submit Form I-945 if USCIS invites them to do so in a Notice of Intent to Deny. USCIS will not accept public charge bonds from applicants who did not receive an invitation from USCIS.