New Public Charge Rule – expanded to include more (any?) means-tested benefits

On July 17, 2026, the Trump Administration published a Final Rule that will change the Department of Homeland Security's policy on how to determine whether a foreign national is likely to become a "public charge" when it goes into effect on September 18, 2026. A public charge is someone who is dependent upon certain social safety net programs, which would generally make them ineligible for Permanent Residency.

Based on the new Final Rule, DHS has announced that they will issue new guidelines and a revised Form I-485 on or before September 18, 2026. We expect that the guidelines will be published in the USCIS Policy Manual and will grant USCIS officers significantly more discretion in determining whether they think a foreign national might become a public charge in the future.

The new Final Rule erases all previous definitions of what constitutes a public charge and instead leaves it up to USCIS interpretation and discretion. It is therefore possible that the Trump Administration could consider receipt of any means-tested benefit to mean that a foreign national will become a public charge in the future, and therefore deny them Permanent Residency.

For a full summary of the new Rule, visit the American Immigration Council's website here.