Overview
- DHS issued a final rule in July 2026 that rescinds the narrower 2022 public‑charge test and restores a broad, case‑by‑case 'totality of the circumstances' standard for immigration officers.
- USCIS updated its Policy Manual to implement the rule and said the new guidance takes effect on September 18, 2026 for determinations made on or after that date.
- Under the new approach officers may consider means‑tested programs such as SNAP, Medicaid, SSI, federal rental assistance and WIC when evaluating whether an applicant is likely to become a public charge.
- An approved sponsor or a submitted Form I‑864 will no longer guarantee approval because officers can review the sponsor’s finances, receipt of benefits and past financial problems, and applicants invited to address a finding may be offered a public‑charge bond (Form I‑945) instead of denial.
- The change keeps statutory exemptions for refugees, asylees, T and U visa holders and VAWA self‑petitioners, and has prompted consular training and temporary pauses in some visa appointments as posts prepare to apply the new standard.