On August 18, 2026, U.S. Citizenship and Immigration Services (USCIS) published new guidance explaining how the agency will make public charge determinations for foreign nationals applying for adjustment of status. In the new guidance, USCIS defines the factors officers must consider when making the public charge determination and clarifies the categories of applicants the public charge ground applies to. This new framework takes effect on September 18, 2026.

Background

INA § 212(a)(4) provides that adjustment of status applicants determined to “be a public charge” or “likely at any time to become a public charge” are inadmissible - or ineligible to receive lawful U.S. permanent residence status.

In 2022, the U.S. Department of Homeland Security (DHS) published a rule that clarified how officers make this assessment. In addition to considering statutory factors defined by the INA, this rule permitted officers to also consider an applicants’ current or prior receipt of public benefits. Notably, this rule excluded the consideration of an applicant’s receipt of noncash benefits and certain cash assistance programs from this assessment. On July 20, 2026, a new DHS rule was formally published that rescinded this old framework.

What Changed

The new USCIS guidance clarifies that officers must follow the INA’s five defined statutory factors when making public charge inadmissibility determinations. These factors include an applicant’s Age; Health; Family Status; Assets, Resources, and Financial Status; and Education and Skills.

The guidance also permits officers to consider “any other factor” relevant to assessing the applicant’s likelihood at any time of becoming a public charge. This now includes any means-tested public benefit received, such as cash assistance, housing assistance, food stamps, financial aid for college, or any other similar benefit.

For benefits received before September 18, 2026, USCIS will continue to only consider cash assistance benefits for income maintenance and long-term institutionalization at the government’s expense. For any means-tested public benefits received on or after September 18, 2026, USCIS will consider any and all benefits in their determination.

Who is Subject to the New Rule

USCIS’s new guidance lists the categories of adjustment of status applicants who are subject to the public charge ground of inadmissibility. Categories that are subject to the public charge ground include all EB-1 priority workers; EB-2 professionals with advanced degrees or aliens of exceptional ability; EB-3 skilled workers, professionals, and other workers; all family-based applicants; among others.

Public Benefits that do not Trigger a Public Charge Inadmissibility Determination

USCIS does not consider receipt or approval of the following benefits in making a public charge inadmissibility determination:

• Supplemental Nutrition Assistance Program (SNAP) or other nutrition programs;
• Children’s Health Insurance Program (CHIP);
• Medicaid (other than for long-term use of institutional services under section 1905(a) of the Social Security Act);
• Housing benefits;
• Any benefits related to immunizations or testing for communicable diseases;
• Treatments or preventative services related to COVID-19, including vaccinations;
• The use of home and community-based services (HCBS);
• Any services provided under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) or comparable disaster assistance provided by state, tribal, territorial, or local governments;
• Benefits under the Emergency Food Assistance Act (TEFAP);
• Child and Adult Care Food Program (CACFP);
• School lunch programs;
• Cash payments that are provided for childcare assistance or other supplemental, special purpose cash assistance;
• Cash payments that are provided as part of pandemic or disaster relief funds, such as the American Rescue Plan Act;
• Programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter) provided by local communities or through public or private nonprofit organizations;
• Attending public school;
• Child care related services including the Child Care and Development Block Grant (CCDBG) or Child Care and Development Fund (CCDF);
• Special Supplemental Nutrition Program for Women, Infants, and Children (WIC);
• Health insurance coverage through the Health Insurance Marketplace, state-based marketplaces, or the Small Business Health Options Program (SHOP) under the Affordable Care Act, and financial assistance for such coverage;
• Transportation vouchers or other non-cash transportation services;
• Housing assistance under the McKinney-Vento Homeless Assistance Act;
• Energy benefits such as the Low Income Home Energy Assistance Program (LIHEAP);
• Educational benefits, including, but not limited to, benefits under the Head Start Act;
• Student loans and home mortgage loan programs;
• Publicly funded scholarships and educational grants;
• Foster care and adoption benefits;
• Earned benefits such as Social Security retirement benefits, government pensions, veterans’ benefits, and unemployment insurance; and
• Child Tax Credit (CTC), or other tax-related cash benefits including Earned Income Tax Credit (EITC); Additional Child Tax Credit (ACTC); Premium Tax Credit (PTC); Advance Payment of Premium Tax Credit (APTC); and state, local, or tribal tax credit
• USCIS also does not consider public benefits received by an applicant’s family members (including U.S. citizen children or other relatives).