Nationals seeking green cards through adjustment of status could face a broader public-charge review starting Sept. 18, as new U.S. immigration guidance gives USCIS officers more factors to consider when assessing whether an applicant may become dependent on certain government benefits.
The change is particularly relevant for Indian immigrants pursuing permanent residency through employment-based categories, including many professionals who move from temporary work status to a Green Card.
The updated guidance from U.S. Citizenship and Immigration Services (USCIS) follows a Department of Homeland Security (DHS) final rule that rescinds the 2022 public-charge regulations. The rule takes effect September 18, 2026, and applies to certain Form I-485 adjustment-of-status applications postmarked or submitted electronically on or after that date.
Under the revised approach, USCIS officers are required to consider five statutory factors when making a public-charge determination: an applicant’s age, health, family status, assets, resources and financial status, and education and skills.
Officers may also consider other relevant circumstances, including whether an applicant has received means-tested public benefits.
That broader consideration of benefits is one of the changes that Green Card applicants need to understand.
USCIS says that for means-tested public benefits received before Sept. 18, officers will generally consider only public cash assistance for income maintenance and long-term institutionalization at government expense.
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For benefits received on or after Sept. 18, however, officers can consider any means-tested public benefits as part of the overall assessment.
The agency specifically identifies benefits such as cash assistance for income maintenance, housing assistance, food assistance and certain financial aid for college among the benefits that may be considered.
The review is not based on one benefit or one factor alone. USCIS says officers will examine the relevant evidence and make a determination based on the totality of the circumstances in each case.
For nationals, the immigration category under which the green card application is filed will therefore remain important.
The public-charge ground applies to adjustment-of-status applicants unless their immigration category is exempt. USCIS identifies several employment-based categories as subject to the ground, including priority workers, professionals with advanced degrees or people of exceptional ability, skilled workers and professionals, certain other workers, investors and religious workers.
This means some Indian professionals moving through employment-based green card categories could be subject to the updated public-charge assessment.
The change does not apply to every person seeking permanent residency.
USCIS lists several categories that are exempt from the public-charge ground, including refugees and asylees, special immigrant juveniles, certain victims of human trafficking or qualifying criminal activity, VAWA self-petitioners and certain applicants for Temporary Protected Status.
The distinction is important for Indian families navigating different immigration pathways because eligibility for a green card alone does not determine whether the public-charge ground applies.
The new guidance also addresses public-charge bonds.
If a USCIS officer determines that an adjustment-of-status applicant is inadmissible solely because the person is likely to become a public charge, the officer may invite the applicant to post a public-charge bond.
The bond serves as a financial guarantee that the applicant will not become a public charge. USCIS says officers may consider the amount of government assistance an applicant could be eligible to receive over the following five years when determining the bond amount.
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Applicants cannot simply decide on their own to submit a public-charge bond.
According to USCIS, Form I-945, Public Charge Bond, can be submitted only after the agency invites the applicant to do so through a Notice of Intent to Deny.
For Indian nationals already in the U.S. and preparing to file Form I-485, the September 18 effective date is therefore significant. The treatment of certain public benefits will depend on when they were received, while whether the public-charge ground applies in the first place will depend largely on the applicant’s immigration category.
The broader review comes as Indian nationals continue to make up a significant share of employment-based immigrants and long-term U.S. visa holders, making changes to the green card process particularly relevant to Indian American families.
USCIS’s revised policy is part of a broader shift toward giving immigration officers greater discretion to consider an applicant’s overall circumstances when applying the public-charge ground. The DHS rule states that rescinding the 2022 regulations is intended to restore broader discretion to evaluate pertinent facts in public-charge determinations.
Indian green card applicants should therefore distinguish between receiving a particular benefit and being found inadmissible under the public-charge ground. The updated guidance calls for a case-by-case assessment based on the totality of the circumstances, rather than an automatic finding based solely on the receipt of a benefit.