New Public Charge Review Guidance — But Only Benefits Received After September 18 Count

On August 18, 2026, USCIS issued Policy Alert PA-2026-09, which contains new public charge review standards. This guidance takes effect September 18, 2026, and applies to Form I-485 (Application to Register Permanent Residence or Adjust Status) filings that are postmarked or electronically submitted on or after that date. Applications received before then continue to be reviewed under the law, regulations, and guidance that applied at the time of filing. Our July 24 column reported on the rescission of the 2022 regulation. This time, we lay out what an officer will actually look at under this guidance.

One Filing Date Splits Review Into Three Different Standards

"The application timing set by this guidance: filings received on or after September 18, 2026 follow the new guidance; filings received before that follow the law, regulations, and guidance in effect at the time of filing."

Public charge review is a process that examines whether an applicant is likely to become primarily dependent on government support in the future. This guidance thoroughly revises the public charge section of the USCIS Policy Manual, completely replacing the interim guidance issued in 1999.

As a result, the review standard splits three ways depending on the filing date. Applications filed before December 23, 2022 follow the 1999 interim guidance; those filed between December 23, 2022 and September 17, 2026 follow the 2022 final rule; and those filed on or after September 18, 2026 follow this new guidance. Even if you are preparing the same set of documents, a filing date that differs by even one day can change which standard applies. If you are currently preparing a green card application, you should first check which side of September 18 your planned filing date falls on.

The scope of application is also broad. Across both family-based and employment-based categories, most green card applicants go through this review. However, refugees and asylees, trafficking and crime victims, VAWA self-petitioners (self-petitioning survivors of domestic violence), special immigrant juveniles, and TPS applicants, among others, are exempt from the review itself. This guidance concerns Form I-485, adjustment of status within the United States; consular visa processing conducted abroad falls under the State Department and is not covered here.

After September 18, the Range of Benefits Considered

"For benefits received before September 18, only two are considered: cash assistance and long-term institutionalization. For benefits received on or after September 18, the scope expands to government support generally that requires low income to qualify."

A means-tested benefit is support that can only be received if income or assets fall below a set threshold, and it applies where a government agency provides it directly or it is paid from government funds. The new guidance gives cash assistance, public and subsidized housing, higher-education financial aid, food assistance, and government-subsidized health insurance as examples, and this list is illustrative, not exhaustive. Social Security, Medicare, and unemployment benefits are support received based on contributions made through work, so they do not fall into this category and are not considered.

The guidance currently in effect does not consider Medicaid. The only exception is where the government has paid for long-term stays in a facility such as a nursing home. Food stamps (SNAP), the Children's Health Insurance Program (CHIP), housing assistance, and public scholarships and education grants are on the same excluded list. Starting September 18, this exclusion list itself disappears. Higher-education financial aid, which was not previously subject to review, is likewise newly included.

That said, the mere fact of having received a benefit does not by itself determine the outcome. It becomes only one factor within the totality-of-the-circumstances determination discussed below.

The Standard for "Received" — Only the Applicant's Own Share

""Received" applies only when the applicant is personally listed as the beneficiary. Benefits received by relatives, including children, are not attributed to the applicant."

Benefits received by a child or other family member are, as a general rule, not treated as the applicant's own record. The same applies to a benefit that the applicant applied for on someone else's behalf. There is an exception, however. When a child or a household member the applicant is obligated to support receives a benefit because the applicant's own income or assets fall below the threshold, the officer will consider that income or asset level itself as part of the financial status factor.

Merely applying for a benefit or becoming eligible for one is not treated as having received it. It may, however, be referenced in the determination discussed below, and the fact that an application was withdrawn or that a notice was given to discontinue receiving benefits is also considered. Even in such cases, that fact alone does not determine the outcome; it becomes only part of the determination that weighs the five statutory factors together.

A history of fee reductions is also newly included. USCIS does not separately collect a history of past fee reductions on Form I-485, but an officer may reference when, how much, and for what reason an applicant received a fee reduction requested on a prior immigration filing. This consideration applies only to filings received on or after February 24, 2020, and the guidance states that more recent fee reductions carry greater relevance. However, cases where no fee was required in the first place, depending on the type of application, are not considered in the review.

A Totality-of-the-Circumstances Determination, With No Single Decisive Threshold

"There is no single decisive threshold. Except for a case where an Affidavit of Support (Form I-864) is required but insufficient, no single one of the five statutory factors determines the outcome by itself."

The determination rests on a principle of weighing five statutory factors — age, health, family status, assets/resources/financial status, and education/skills — together with, where relevant, related information such as an Affidavit of Support (Form I-864), rather than looking at any single one in isolation. This weighing of all circumstances together is called the "totality of the circumstances" determination. The standard is whether, considering all these circumstances together, the applicant is more likely than not to become a public charge in the future, and the burden of showing otherwise always rests with the applicant. The determination looks forward rather than backward, and the guidance states that having received benefits in the past or present does not necessarily mean the applicant will receive them in the future.

A person of working age who is physically and mentally healthy, with the willingness and ability to work, generally will not be denied on public charge grounds even if they have received some of this support. A history of unemployment by itself does not determine the outcome either; the officer looks together at education and training, employment history, and the trajectory of employment prospects. If needed, the officer may request a job offer letter or expected salary information.

A primary caregiver age 18 or older who substantially cares for a child, an elderly person, a sick person, or a person with a disability within the household may be viewed favorably even if that responsibility has kept them from working outside the home or has left them without recent employment history. As a general rule, however, only one primary caregiver per household is recognized. Children are not excluded from review either, but the officer will consider whether the benefit received stemmed from a temporary circumstance, such as a parent's temporary unemployment, and whether that circumstance is likely to continue.

When Public Charge Is the Only Ground for Denial — The Bond

"The minimum bond amount (Form I-945) is $1,000. It may only be posted, however, when USCIS has invited it through a Notice of Intent to Deny (NOID)."

If a case would be denied on public charge grounds alone, the officer may offer the option of posting a bond. This bond can only be posted when USCIS has invited it through a Notice of Intent to Deny (NOID); a person who has not been invited cannot post one on their own initiative.

This opportunity is not broadly available, however. The guidance states that, as a general rule, approving a case on a bond for a person who is otherwise ineligible on public charge grounds is not permitted. In particular, a person currently receiving such support is not given the bond option, and it is also not offered where the case would be denied on other grounds as well.

The amount is set on a case-by-case basis, based on the scale of support the person could receive over the following five years.

The calculation table set out in the 2026 final rule divides applicants into three groups. For an adult with children, based on Medicaid, CHIP, SNAP, Temporary Assistance for Needy Families (TANF), Supplemental Security Income (SSI), and federal rental assistance, the amount is $8,400 in year one, cumulating to $42,000 by year five. For an adult without children, the five-year cumulative amount is $53,430, and for a child it is $28,200; the programs factored into each calculation differ by group.

This table is only a reference tool to assist the officer, and if the actual expected amount of support exceeds the table's figures, the appropriate bond amount can be larger as well. If the appropriate amount is calculated to exceed $100,000, that fact itself becomes an adverse factor in the discretionary determination.

Closing

It is true that the September 18 filing threshold date lies ahead, but the structure is not one where receiving any single benefit immediately determines the outcome. If you are currently preparing a green card application, first check whether your planned filing date falls before or after September 18, and put together a list of whether you are currently receiving any such support in your own name. If you have received a fee reduction on a past immigration filing, note down the timing and the reason as well. If the income requirement on the Affidavit of Support (Form I-864) is uncertain, you should review your financial documentation before filing. If you fall within one of the exempt categories listed above, this guidance does not apply to you at all. Because this determination weighs everything together, the documents to prepare and the order in which to prepare them will vary case by case. If your planned filing date is close to September 18, which documents you file and when effectively determines which standard your case will be reviewed under.

Disclaimer: This column is provided for general informational purposes only and does not constitute legal advice for any specific case. For matters concerning your individual immigration situation, please consult an immigration attorney.

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