On July 16, 2026, DHS issued a final rule rescinding the 2022 Biden-era regulation regarding public charge determinations. This rule restricted which public benefits DHS could consider. USCIS officers are now able to assess all facts on a case-by-case basis—there is no longer a restriction on what public benefits they are able to assess in making their determinations. This rescission will allow officers to consider the use of public benefits, including non-cash benefits that are means-tested. The Trump administration says that the rule has been rescinded in an effort to review all relevant factors, as intended by Congress. Additionally, it has rescinded the rule in order to uphold “the rule of law and protecting American taxpayers from subsidizing aliens who may become dependent on public benefits.”
While USCIS has published the news release and the federal register has also published the rule, it will not go into effect until September 18, 2026. While it is unclear just how this will play out, USCIS says in its announcement that it will be publishing a revised Form I-485, Application to Register Permanent Residence or Adjust Status. It is not clear when this will be published and when the new form will go into effect.
In practice, this may lead to more RFEs and/or denials of Form I-485s based on public charge issues or inadmissibility. USCIS is expected to issue new guidance surrounding this rescission. USCIS will likely start to view public benefits and health programs as negative factors. They may also view factors such as size of family and age negatively. It is highly likely that this will lead to litigation challenging the rescission of the 2022 rule.
