On 16 July 2026, the U.S. Department of Homeland Security (DHS) announced a final rule rescinding the 2022 public charge regulation, stating that the change aligns public charge determinations more closely with the Immigration and Nationality Act (INA), under which an individual may be found inadmissible if they are likely to become a public charge.
Key Takeaways:
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DHS has issued a final rule rescinding the 2022 public charge regulation adopted during the Biden administration.
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The Department stated that the rule is intended to align public charge determinations more closely with Congressional intent that non-citizens be self-reliant and not dependent on taxpayer-funded public benefits.
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Under the Immigration and Nationality Act (INA), an individual applying for a visa, admission or adjustment of status may be found inadmissible if they are likely to become a public charge.
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According to DHS, the rescinded 2022 regulation limited the types of public benefits that could be considered in public charge determinations.
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DHS stated that the earlier regulation restricted officers’ ability to consider all relevant factors when assessing whether an applicant was likely to become a public charge.
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With the new rule, US Citizenship and Immigration Services (USCIS) officers will be permitted to evaluate all pertinent facts and circumstances on a case-by-case basis when making public charge determinations.
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USCIS stated that the change is intended to strengthen enforcement of immigration laws and enable officers to consider all relevant factors when assessing potential dependence on public benefits or a public charge.
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The final rule will take effect on 18 September 2026.
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USCIS will issue a revised Form I-485 to reflect the new requirements, and older versions submitted on or after 18 September 2026 will no longer be accepted.
USCIS spokesperson Zach Kahler stated:
“The Trump administration is upholding the rule of law and protecting American taxpayers from subsidizing aliens who may become dependent on public benefits. USCIS is committed to safeguarding the safety, security, and financial well-being of Americans.”
