Indian nationals seeking permanent residency in the United States could face a broader public-charge assessment from September 18, 2026, under updated U.S. Citizenship and Immigration Services (USCIS) guidance. The change expands the range of circumstances immigration officers may consider when assessing certain Green Card applications.
What changes from September 18?
The Department of Homeland Security issued a final rule in July 2026 rescinding the 2022 public-charge regulation. The new rule takes effect on September 18, 2026, with updated USCIS policy guidance applying to relevant adjustment-of-status applications from that date.
Five key factors
USCIS says officers will consider the applicant's overall circumstances, including:
Age
Health
Family status
Assets, resources and financial situation
Education and skills
Employment history, employment prospects and other relevant evidence may also be considered.
Public benefits can receive broader consideration
One of the significant changes concerns means-tested public benefits.
For benefits received before September 18, USCIS says officers will generally consider public cash assistance for income maintenance and long-term institutionalisation at government expense.
For means-tested benefits received on or after September 18, USCIS may consider a broader range of benefits as part of the overall public-charge assessment.
Receiving benefits does not automatically mean Green Card denial
An important distinction is that receiving a government benefit does not automatically result in Green Card denial.
USCIS says officers will make determinations on a case-by-case basis, considering the totality of the applicant's circumstances rather than relying on a single factor.
Who is exempt?
Several categories are exempt from the public-charge ground under U.S. law. These include certain refugees and asylees, Special Immigrant Juveniles, certain victims of trafficking or qualifying crimes, VAWA self-petitioners and other specified categories.
Public-charge bond
In some cases, if USCIS determines that an adjustment-of-status applicant is inadmissible solely because they are likely to become a public charge, the agency may invite the applicant to post a public-charge bond.
The applicant can submit Form I-945 only after receiving an invitation from USCIS through a Notice of Intent to Deny.
Why it matters for Indian applicants
The change is particularly relevant to Indians because they represent a substantial share of employment-based Green Card applicants waiting in the US immigration system.
Applicants preparing to file Form I-485 after September 18 may therefore need to provide clear evidence relating to their finances, employment, family circumstances, education and professional background.
New Form I-485 also takes effect
USCIS will introduce a revised Form I-485 on September 18. Applications subject to the public-charge ground that are postmarked or electronically submitted on or after that date must use the applicable new edition; USCIS says older versions will not be accepted.
Legal challenges filed
The new public-charge policy is also facing legal challenges. Several states and local governments have filed lawsuits seeking to block the federal rule, arguing that its broader treatment of public benefits creates uncertainty for immigrant families. The rule is currently scheduled to take effect on September 18.
