USCIS Public Charge Guidance 2026: What Changes on September 18

U.S. Citizenship and Immigration Services (USCIS) has issued updated public charge guidance that will change how certain adjustment-of-status applications are reviewed beginning September 18, 2026.

The guidance follows a Department of Homeland Security final rule rescinding the 2022 public charge regulations. It will apply to Forms I-485 subject to the public charge ground of inadmissibility that are postmarked or electronically submitted on or after September 18.

For applicants preparing to file Form I-485 this fall, there is another important change on the same date: USCIS will also require a new edition of Form I-485, with no grace period for the previous version.

What Changes Under the New Public Charge Guidance?

Under the new framework, USCIS officers will have broader discretion when determining whether an applicant is likely at any time to become a public charge.

The review will continue to consider the five factors required by immigration law:

• age;

• health;

• family status;

• assets, resources and financial status; and

• education and skills.

Officers may also consider other relevant information, including the receipt of certain means-tested public benefits. USCIS specifically identifies examples such as cash assistance, housing assistance, food assistance and certain financial aid.

Importantly, receiving a public benefit does not automatically result in a denial. USCIS will continue to make public charge determinations case by case based on the applicant's overall circumstances.

There is also a timing distinction. For benefits received before September 18, USCIS will continue to apply the narrower prior standard. For means-tested benefits received on or after September 18, officers may consider a broader range of benefits under the new guidance.

Who Could Be Affected?

The public charge ground generally applies to applicants seeking adjustment of status unless their immigration category is specifically exempt under federal law.

USCIS lists family-sponsored immigrants, several employment-based categories and investors among those subject to public charge review. This means EB-5 investors filing Form I-485 should also be aware of the updated guidance.

Certain humanitarian and other categories remain exempt, including qualifying refugees, asylees, Special Immigrant Juveniles, T and U nonimmigrants, and certain VAWA applicants.

Applicants should therefore evaluate whether the public charge ground applies to their individual immigration category rather than assuming that the rule applies equally to every green card applicant.

New Form I-485 Required Starting September 18

USCIS will also introduce the 09/18/26 edition of Form I-485 on September 18, replacing the current 01/20/25 edition.

There is no grace period:

• The 01/20/25 edition may be filed before September 18.

• The old edition will be rejected if filed on or after September 18.

• The new 09/18/26 edition should not be filed before September 18.

Applicants filing around the transition date should check the form edition immediately before submission.

What EB-5 Applicants Should Keep in Mind

For EB-5 investors pursuing adjustment of status in the United States, the new public charge guidance does not change the core EB-5 investment or job-creation requirements. However, public charge admissibility remains a separate part of the Form I-485 review.

Applicants planning an adjustment-of-status filing on or after September 18 should therefore pay attention to both the new public charge standard and the revised Form I-485.

For more information on the difference between adjustment of status and consular processing, see ARCFE's Adjustment of Status or Consular Processing guide.

If you are considering EB-5 and have questions about how current immigration policy may affect your planning timeline, contact ARCFE for more information. Individual immigration and legal questions should be reviewed with qualified immigration counsel.

To learn more, read How to Choose an EB-5 Regional Center, review Track Record, Transparency, and Trust: How to Evaluate an EB-5 Regional Center, or explore the ARCFE EB-5 Process.

REQUEST A CALL BACK

Speak with our EB-5 specialist and learn how the program can help you achieve permanent residency. Complete the form and our team member will give you a call back. 

This article is provided for general informational purposes only and does not constitute legal, tax, investment or immigration advice.

---