Overview
- DHS/USCIS published a final rule that rescinds the 2022 public‑charge standard and takes effect on Sept. 18, 2026, meaning new adjustment filings on or after that date will be evaluated under the broader test.
- The rule lists specific programs that may be counted — including SNAP, non‑emergency Medicaid, SSI, TANF, CHIP, WIC and federal housing assistance — and directs officers to weigh applicant factors such as age, health, family composition, assets, education and skills.
- USCIS has locked in new form editions tied to implementation: the I‑485 edition dated Sept. 18 will be required for adjustments filed that day or later, the I‑539 and I‑765 versions take effect Sept. 15, and the I‑864 (dated Aug. 24) adds a privacy authorization for consumer credit checks on sponsors.
- For some cases where an applicant is otherwise eligible but inadmissible only on public‑charge grounds, USCIS will offer a public‑charge bond under Form I‑945 after issuing a Notice of Intent to Deny; bonds have a $1,000 minimum, may be cash or a surety, and are set case by case.
- Local governments led by New York City filed suit in federal court on Sept. 14 seeking to block the rule and its expected chilling effect on benefit use, and Salvadoran TPS beneficiaries face separate urgency after their work authorizations expired on Sept. 9, creating immediate legal and employment uncertainty for affected families.