US Citizenship and Immigration Services (USCIS) has revised the way immigration officers will evaluate whether certain green card applicants could become a “public charge,” introducing a broader review of applicants’ individual circumstances in place of the Biden-era approach.
The new policy takes effect September 18 and is based on the congressional requirement that immigrants coming to the United States should be self-sufficient and not rely on taxpayer-funded government benefits.
The change could have implications for nationals seeking green cards through immigration categories that remain subject to the public-charge ground of inadmissibility.
The guidance follows the Department of Homeland Security’s decision to rescind the 2022 public-charge regulations. USCIS has now laid out how officers will apply the new framework when reviewing eligible adjustment-of-status applications.
USCIS said that no single factor can independently establish that an applicant is likely to become a public charge, except when an applicant fails to provide a sufficient required Affidavit of Support.
What changes under the new guidance?
Beginning September 18, USCIS officers may consider whether an applicant has received or is seeking certain means-tested public benefits.
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These can include cash assistance for income maintenance, housing assistance, food stamps, financial aid for college and other similar benefits. Applications for, approval of, or certification to receive such benefits may also be taken into account.
USCIS said applicants seeking adjustment of status to lawful permanent resident generally remain subject to the public-charge ground of inadmissibility unless they are applying under an immigration category that is exempt.
Family-based immigrants subject to public charge
The categories include:
- Spouses, children and parents of US citizens
- Unmarried sons and daughters of US citizens and their children
- Spouses, children and unmarried sons and daughters of lawful permanent residents
- Married sons and daughters of US citizens, along with their spouses and children
- Brothers and sisters of US citizens
- Fiancé(e)s of US citizens
- Widows and widowers of US citizens
Employment-based immigrants subject to public charge
The rule also covers several employment-based categories, including:
- Priority workers
- Professionals with advanced degrees or individuals with exceptional ability
- Skilled workers, professionals and other workers
- Certain current and former employees of the US government abroad
- Panama Canal Zone employees
- Foreign medical school graduates
- Retired employees of international organizations
- International broadcasters
- Diversity visa immigrants
Who is exempt?
Several groups remain exempt from the public-charge ground of inadmissibility. They include:
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- Asylees and refugees
- Amerasian immigrants at admission
- Special immigrant juveniles
- Applicants for registry
- Applicants seeking Temporary Protected Status
- Victims of human trafficking applying for T nonimmigrant status
- Victims of qualifying criminal activity applying for U nonimmigrant status
- American Indians born in Canada who are not US citizens
Five factors USCIS officers will consider
Under the new framework, immigration officers will examine five statutory factors when determining whether an applicant is likely to become a public charge:
- Age
- Health
- Family status
- Assets, resources and financial status
- Education and skills
The broader review means officers will assess an applicant’s overall circumstances rather than relying on a single factor when making a public-charge determination. For nationals pursuing permanent residency through categories covered by the rule, the change could add another layer of scrutiny to the green card process.