DHS Issues Final Rule Rescinding 2022 Public Charge Regulation
Published Jul 16, 2026Effective Sep 18, 2026
The Department of Homeland Security (DHS) has issued a final rule rescinding the 2022 Biden-era public charge regulation. The change takes effect September 18, 2026, and expands the factors USCIS officers may consider when determining inadmissibility on public charge grounds.
Key points
- Under the INA, applicants for a visa, admission, or adjustment of status may be found inadmissible if deemed likely to become a public charge.
- The 2022 regulation had limited which public benefits DHS could consider; the new final rule removes those limits.
- USCIS officers will now assess all pertinent facts on a case-by-case basis for each applicant.
- USCIS will publish a revised Form I-485, Application to Register Permanent Residence or Adjust Status.
- Older versions of Form I-485 postmarked or filed electronically on or after September 18, 2026 will not be accepted.
Who is affected
Applicants for visas, admission to the United States, and adjustment of status, including those filing Form I-485.
What to do
Those planning to file Form I-485 should check USCIS.gov for the revised form before the September 18, 2026 effective date.
Full text
The complete official text was archived on this site on 2026-10-12. It stays available here even if the source link changes or is removed.
Release Date
07/16/2026
WASHINGTON— The Department of Homeland Security (DHS) has issued a final rule rescinding the 2022 Biden-era regulation regarding public charge determinations, further aligning immigration law with Congressional intent that aliens in the United States be self-reliant and not dependent on taxpayer-funded government benefits. Under the Immigration and Nationality Act (INA), an individual applying for a visa, admission, or adjustment of status is inadmissible to the United States if deemed likely at any time to become a public charge.
The now-rescinded Biden-era regulation restricted which public benefits DHS could consider, limiting officers’ ability to review all relevant factors as intended by Congress. With this final rule, USCIS officers are empowered to assess all pertinent facts on a case-by-case basis for each applicant.
“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,” said U.S. Citizenship and Immigration Services spokesperson Zach Kahler.
The rule will take effect on Sept. 18, 2026. USCIS will publish a revised Form I-485, Application to Register Permanent Residence or Adjust Status. Older versions of Form I-485 postmarked or submitted electronically on or after the effective date will not be accepted.
For more information on USCIS and its programs, please visit uscis.gov or follow us on X, Instagram, YouTube, Facebook, and LinkedIn.
07/16/2026
Original title: US Citizenship and Immigration Services Rescinds 2022 Public Charge Regulation
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This summary was produced with AI from the official announcement. Only the official source is authoritative.