New Delhi: A major change in the US immigration system has come into effect, changing how authorities assess whether certain Green Card applicants are likely to become dependent on government assistance.
The new Public Charge rule, effective September 18, 2026, gives US Citizenship and Immigration Services (USCIS) broader discretion to examine an applicant’s financial and personal circumstances while deciding certain applications for permanent residency.
The Department of Homeland Security (DHS) has rescinded the Biden-era 2022 regulations and restored a broader, case-by-case assessment of an applicant’s circumstances. USCIS said the updated guidance applies to covered Form I-485 applications postmarked or electronically submitted on or after September 18, 2026.
The change is particularly relevant to Indian professionals in the US who are seeking permanent residency after working for years on H-1B or other temporary immigration statuses.
Here are 10 key points Indian Green Card applicants should know.
1. The new rules are effective from September 18
The new framework applies to covered Form I-485 applications submitted on or after September 18, 2026.
Applications that were properly filed before the effective date remain subject to the earlier framework. The date of filing is therefore important for applicants already preparing their adjustment-of-status applications.
USCIS has also said it will introduce a revised Form I-485. Older versions submitted on or after September 18 will not be accepted.
2. USCIS will look at the applicant’s overall circumstances
There is no single salary figure that automatically determines whether an applicant passes the Public Charge test.
USCIS officers can consider relevant factors including:
- Age
- Health
- Family status
- Assets and financial resources
- Financial situation
- Education
- Skills
These factors are assessed together as part of a case-by-case determination rather than in isolation.
3. A wider range of public benefits may be considered
Under the new framework, USCIS has broader authority to consider means-tested public benefits when assessing whether an applicant is likely to become a public charge.
The agency has specifically stated that it will consider relevant evidence concerning benefits an applicant has received, is currently receiving, has applied for, or has been approved or certified to receive.
However, receiving a government benefit does not automatically mean that a Green Card application will be denied. The determination is based on the applicant’s overall circumstances.
4. Benefits received before September 18 are treated differently
The new framework does not simply apply retroactively to every government benefit an applicant has ever received.
The final rule states that receipt of means-tested public benefits before the effective date will be considered consistently with the previous 2022 regulations.
For applicants, this makes the timing of both benefit receipt and Form I-485 filing particularly important.
5. Indian H-1B workers need to pay attention
The change is especially relevant to Indian professionals who have spent years working in the US on H-1B visas and are now moving toward permanent residency.
Employment-based Green Card applicants can fall under the Public Charge provision depending on their immigration category and circumstances.
However, being an Indian citizen or holding an H-1B visa does not by itself determine the outcome of a Public Charge assessment.
6. Family-based applicants can also be affected
The change is not limited to employment-based immigration.
Certain family-sponsored immigrants applying for adjustment of status can also be subject to the Public Charge ground of inadmissibility.
Indian families applying for permanent residency through a US citizen or lawful permanent resident family member should therefore determine whether their particular category is covered.
7. Several immigration categories are exempt
The Public Charge ground does not apply to every person seeking permanent residence.
US law provides exemptions for a number of humanitarian and special immigration categories. These include certain refugees, asylees, Special Immigrant Juveniles, victims of trafficking or qualifying criminal activity, VAWA self-petitioners and certain other protected categories.
USCIS has published guidance explaining which categories are subject to the Public Charge ground and which are exempt.
8. There is no automatic salary cutoff
The new rule does not establish a simple minimum salary below which a Green Card application will automatically fail.
Instead, USCIS can consider the applicant’s assets, resources, financial circumstances, education, skills, employment prospects and other relevant evidence.
This means an applicant’s income is only one part of the broader assessment.
9. Affidavit of Support can be considered
Where applicable, USCIS can consider Form I-864, Affidavit of Support, which provides a financial commitment from a sponsor.
The affidavit is part of the evidence USCIS can consider, but it does not eliminate the agency’s ability to examine other relevant circumstances under the Public Charge framework.
10. Public Charge bond is still possible
In certain cases, USCIS may determine that an applicant is inadmissible because the person is likely to become a public charge.
The agency may then invite the applicant to post a Public Charge Bond.
Applicants cannot simply submit a bond on their own. USCIS states that Form I-945 can be submitted only after the agency invites the applicant to post a bond through a Notice of Intent to Deny.
The amount of the bond can take into account the government assistance the applicant may potentially receive over the following five years.
What the new rule means for Indian Green Card applicants
The September 18 change does not mean that every Indian Green Card applicant who has received government assistance will be denied permanent residency.
Instead, USCIS now has broader authority to examine the totality of an applicant’s circumstances.
For Indian professionals, particularly those moving from H-1B status to permanent residency, factors such as employment, income, savings, assets, education, skills, family circumstances and relevant benefit history may all become important in the assessment.
The rule has also triggered legal challenges. Several US states, cities and counties have sued to block the policy, arguing that it could discourage immigrant families from accessing benefits for which they are legally eligible. The Trump administration has defended the rule as a measure aimed at promoting self-sufficiency and reducing reliance on public assistance.
For now, the new framework is in effect from September 18, 2026.
Indian applicants preparing a Form I-485 should therefore carefully review their immigration category, filing date, benefit history and financial circumstances. Because the Public Charge determination is case-specific, applicants with complicated circumstances may need to seek advice from a qualified US immigration attorney.
