Issuing updated guidance in its Policy Manual on Tuesday (US time), US Citizenship and Immigration Services (USCIS) explained the new “public charge” rule set to take effect on September 18, 2026.

Under the US Immigration and Nationality Act (INA), any outsider applying for a visa or adjustment of status to that of a lawful permanent resident (Green Card) who is likely at any time to become a public charge is inadmissible. And so, all such applications postmarked or electronically filed on or after September 18, 2026, will be subject to even more heightened scrutiny.

What does public charge mean?

The Trump administration finalised the new rule in July, setting new standards determining who will be considered a “public charge,” a term which the federal government has never strictly defined. A general understanding of the term points to a reason that could contribute to an applicant being denied a Green Card, visa, or admission in the United States, particularly putting the onus on whether a person is likely to fall back on government benefits.

At the core of it, national policies in the US have long acknowledged “self-sufficiency” as a “basic principle of US immigration law,” foregrounding that foreign nationals inside the US should not depend on public resources for their needs, but should rely on their own capabilities and resources of their families, sponsors and private organisations, as detailed in the USCIS Policy Alert dated August 18, 2026.

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Since INA doesn’t define public charge, the new USCIS guidance further highlights the US Congress’ specification of five statutory factory that USCIS officer must consider while determining whether an individual is subject to public charge inadmissibility. They are the foreign national’s age; health, family status; assets, resources and financial status; and education and skills.

“USCIS will review all relevant evidence in an alien’s record and make case-by-case decisions in the totality of the alien’s circumstances,” states the federal agency, which comes under the US Department of Homeland Security (DHS).

USCIS’ expansion of the term’s meaning under the current administration rescinds the 2022 Biden-era public charge inadmissibility regulations, which, in turn, aimed to undo changes Trump made in his first term. At the time, the MAGA leader’s administration gave immigration officials the authority to deny Green Cards and visas based on whether the applicant was “likely at any time” to use benefits, even after becoming an American citizen, according to the American Immigration Council.

As part of its immigration crackdown, the Donald Trump administration is keen on ensuring that foreign nationals don’t become a burden on American taxpayers. The federal agency’s new guidance regarding the public charge ground of inadmissibility, therefore, again stresses the intent that those coming to the US are “self-sufficient and not dependent on taxpayer-funded government benefits.”

Who is subject to the new public charge ground of inadmissibility?

The broader public charge ground of inadmissibility, as revised by the Trump administration, impacts any foreign national applying for a visa to come to the US temporarily or permanently, for admission at a port of entry, or for adjustment of status to that of a lawful permanent resident (LPR) or Green Card holder. However, some exemptions still prevail.

To avoid leaving anything in doubt, USCIS specifically listed all categories subject to public charge. These include:

  • Spouses, children, and parents of American citizens
  • Unmarried sons and daughter of US citizens and their children
  • Spouses, children and unmarried sons and daughters of lawful permanent residents
  • Married sons and daughters of American citizens and their spouses and children
  • Brothers and sisters of American citizens
  • Fiancé (e) of American citizens
  • “Amerasians” born on or after December 31, 1950, and before October 22, 1982
  • Widows or widowers of American citizens
  • Priority workers
  • Professionals with advanced degrees or foreign nationals of exceptional ability
  • Skilled workers, professionals and other workers
  • Investors
  • Religious workers
  • Certain employees or former employees of the US government abroad
  • Panama Canal Zone employees
  • Foreign medical school graduates
  • Retired employees of international organisations
  • US armed forces
  • International broadcasters
  • Diplomats or high-ranking officials unable to return home
  • Diversity visa immigrants
  • Certain entrants before January 1, 1982
  • ‘Alien witnesses’ or informants

On the other hand, categories exempt from the public charge ground of inadmissibility are:

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  • Asylees and refugees
  • “Amerasian” immigrants at admission
  • Afghan and Iraqi interpreters or Aghan and Iraqi nationals employed by or on behalf of the US government
  • Cuban and Haitian entrants at adjustment of status under section 202 of the Immigration Reform and Control Act of 1986
  • Applicants seeking adjustment under the Cuban Adjustment Act
  • Nicaraguans and other Central Americans adjusting status to lawful permanent resident
  • Haitians adjusting status to lawful permanent resident under the Haitian Refugee Immigration Fairness Act of 1998
  • Lautenberg parolees
  • Special immigrant juveniles
  • Applicants for registry
  • Applicants seeking Temporary Protected Status (TPS)
  • Certain nonimmigrant ambassadors, ministers, diplomats, and other foreign government officials, and their families
  • Victims of human trafficking (T non-immigrants)
  • Victims of qualifying criminal activity (U non-immigrants)
  • Self-petitioners under the Violence Against Women Act
  • Certain battered aliens who are “qualified aliens” under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.
  • Applicants adjusting status who qualify for a benefit as surviving spouses, children, or parents of military members
  • American Indians born in Canada who are not US citizens
  • Certain members of the Texas Band of Kickapoo Indians of the Kickapoo Tribe of Oklahoma
  • Nationals of Vietnam, Cambodia, and Laos applying under the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 2001
  • Polish and Hungarian parolees
  • Certain Syrian nationals
  • Applicants adjusting under the Liberian Refugee Immigration Fairness law

Certain foreigners may be asked to post a public charge bond

USCIS officers may ask a foreign national to post a public charge bond as a financial guarantee in cases where the person applying for adjustment of status to that of a Green Card holder is inadmissible only because they are likely to become a public charge.

In such an instance, submission of a cash bond or a surety bond by submitting a Form I-945, Public Charge Bond, will serve as assurance that the individual will not become a public charge. If the public charge bond submission process is followed in compliance with official instructions, the applicant’s application for adjustment of status may even get approved, allowing them to become a Green Card holder who can then lawfully remain in the US.

Disclaimer: This article is intended for informational purposes only and is based on publicly available immigration guidance. Rules and deadlines are subject to change; readers should verify current requirements directly with USCIS or consult a qualified immigration attorney before making decisions based on this information. Financial Express is not responsible for any decisions made based on this information.