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- New public charge test for US Green Card applicants implemented.
- Expanded range of government benefits now considered by USCIS.
- Overall applicant circumstances, not just income, determine eligibility.
US Green Card Rules: A major change to US immigration policy has come into effect on Friday, September 18, altering how the government assesses whether green card applicants might become dependent on public assistance. The focus is a revived and expanded "public charge" test, a long-standing provision of US immigration law used by authorities to determine if an applicant seeking permanent residency is likely to rely primarily on government support.
What Applicants Need To Know
The new guidance from US Citizenship and Immigration Services (USCIS) has changed how it assesses whether some people applying for a Green Card may become a “public charge.” The rule applies to covered Form I-485 Green Card applications that are postmarked or submitted online on or after September 18. Applications that were properly filed before September 18 and are still pending will continue to be considered under the earlier rules.
USCIS To Look At Applicant’s Overall Situation
There is no single income limit under the new rules that automatically decides whether someone will get a Green Card. Instead, the officers will look at the applicant’s overall circumstances. They will consider factors such as age, health, family situation, financial resources, education and skills.
On September 18, a new public charge rule will give federal officers the discretion to deny green cards or certain visas to individuals who receive benefits like SNAP and Medicaid.
— Mayor Zohran Kwame Mamdani (@NYCMayor) September 15, 2026
No New Yorker should have to choose between accessing the support they’re entitled to, and… https://t.co/0vhDEcfgSS
Wider Range Of Govt Benefits
One of the biggest changes is that USCIS can now consider a broader range of means-tested government benefits when making a public-charge assessment. These may include certain forms of cash assistance, housing assistance, food assistance and government-funded healthcare or financial assistance. However, receiving a government benefit does not automatically mean that a Green Card application will be denied.
Timing Of Benefits
The date when a person received government benefits is important under the new rules. Benefits received before September 18, 2026 will generally be considered under the earlier 2022 regulations.
What Indian-H1B Workers Need To Know
The new rules are particularly relevant to Indian professionals who are moving from temporary US immigration status, such as H-1B to permanent residency (PR). Being an Indian citizen or being on an H-1B visa does not automatically make someone subject to a public-charge finding. What matters is the person’s immigration category and individual circumstances.
Employment-based Green Card categories such as EB-1, EB-2, and EB-3 can be among the categories subject to the public-charge rules.
Family-based Green Card Applicants May Be Affected
The change is not just limited to employment-based Green Card applicants. Some people applying for permanent residency through a family member can also be subject to the public-charge rules. This can include spouses, parents, and children of US citizens. Indian families applying for Green Cards should therefore check whether their immigration category is covered.
Who Are Exempt
However, the public-charge rules do not apply to everyone seeking a Green Card. US law exempts several humanitarian and special categories, including refugees, asylees, certain Special Immigrant Juveniles, certain victims of trafficking or qualifying criminal activity, VAWA self-petitioners and others.
No Simple Salary Cut-off
The new rules do not say that someone earning below a particular salary will automatically fail the Green Card test. USCIS will look at several factors, including assets, savings, financial situation, education, skills, employment and family circumstances.
Affidavit Of Support
In some cases, the USCIS may consider Form I-864, Affidavit of Support. This form represents a financial commitment from a sponsor.
Public-Charge Bond
There is also a process for a public-charge bond. If USCIS determines that an applicant is inadmissible because they are likely to become a public charge, the agency may invite the person to post a bond.
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