USCIS Public Charge Rule: What Changes on Sept. 18 for Form I-485 Applicants
A major change to the U.S. public charge framework takes effect on September 18, 2026.
The Department of Homeland Security (DHS) published a final rule on July 20 rescinding the 2022 public charge regulations, and USCIS followed with updated policy guidance on August 18 explaining how officers will make public charge inadmissibility determinations under the new framework. The USCIS public charge rule will apply to covered Forms I-485 postmarked or electronically submitted on or after September 18.
On the same date, USCIS will require a new 09/18/26 edition of Form I-485, with no grace period for the previous edition.
For adjustment applicants, including EB-5 investors filing Form I-485 in the United States, the changes make the filing date, public-benefit history and accuracy of financial disclosures particularly important.
Importantly, receiving a public benefit does not automatically mean an applicant will be found inadmissible as a public charge. USCIS will continue to make an individualized, prospective determination based on the totality of the applicant's circumstances.
What Changes Under the USCIS Public Charge Rule?
Public charge inadmissibility is not a new immigration requirement. Under INA §212(a)(4), certain applicants for admission or adjustment of status may be found inadmissible if they are determined likely at any time to become a public charge.
Under the 2022 framework, USCIS generally focused on public cash assistance for income maintenance and long-term institutionalization at government expense. Many noncash benefits were excluded from consideration.
Beginning September 18, USCIS officers will have broader discretion to evaluate an applicant's circumstances. The review includes the five statutory factors — age, health, family status, assets/resources/financial status, and education and skills — as well as other case-specific information that may be relevant, including receipt of means-tested public benefits.
DHS describes the change as a return to a broader, case-by-case review rather than the more limited framework established by the 2022 regulation.
Why September 18 Matters
There are two important timing rules:
Filing / Benefit Timing | How the New Rules Apply |
Form I-485 filed before Sept. 18, 2026 | The new public charge framework generally does not apply; covered applications remain subject to the prior framework. |
Form I-485 filed on or after Sept. 18, 2026 | The new public charge rule and USCIS guidance apply. |
Means-tested benefits received before Sept. 18 | USCIS applies the narrower prior standard when evaluating pre-effective-date benefit receipt. |
Means-tested benefits received on or after Sept. 18 under the new framework | A broader range of means-tested public benefits may be considered as part of the totality of the circumstances. |
These effective-date rules are set out in the DHS final rule and USCIS implementation guidance.
Applicants should not assume that the use of a particular benefit automatically harms an immigration case, nor should they discontinue benefits solely based on general information. The relevant analysis can depend on the applicant's immigration category, filing date, the specific benefit, who received it and the surrounding circumstances.
New Form I-485 Is Mandatory Starting September 18
USCIS will also introduce the 09/18/26 edition of Form I-485 on September 18.
There is no grace period:
Before September 18, USCIS accepts only the 01/20/25 edition.
Forms postmarked or electronically submitted on or after September 18 using the 01/20/25 edition will be rejected.
The new 09/18/26 edition may only be filed on or after September 18.
The revised form also changes the public charge questions in Part 9. Applicants subject to the public charge ground are asked whether they have ever received a means-tested public benefit. If the answer is yes, the form requests information such as the type of benefit, dates of receipt, value or amount where applicable, and the reason it was received.
This makes accurate preparation of an applicant's financial and benefit history especially important.
Which Public Benefits May Be Considered?
USCIS guidance states that officers may consider means-tested benefits such as cash assistance for income maintenance, housing assistance, food assistance and certain need-based financial aid. The DHS final rule also confirms that means-tested programs such as Medicaid, CHIP and WIC are not categorically excluded from consideration when they are relevant to the applicant's case.
That does not mean every use of Medicaid, SNAP, WIC, housing assistance or another program leads to a negative public charge determination. Benefit use is one part of a broader individualized review.
The rule also generally focuses on benefits received by the applicant, not benefits received independently by a spouse, child or other family member. USCIS states that it generally will not treat a family member's benefits as benefits received by the adjustment applicant. In limited circumstances, however, information involving dependents may still be relevant to evaluating the applicant's own financial status.
Applicants with a past or current benefit history should therefore review the specific program, recipient, dates and circumstances with qualified immigration counsel rather than trying to classify the benefit on their own.
What EB-5 Adjustment Applicants Should Know
The new public charge framework does not change the core requirements of the EB-5 program, including the qualifying investment and job-creation requirements. Public charge is instead a separate admissibility issue considered during the Form I-485 adjustment-of-status process.
USCIS identifies investors among the adjustment categories generally subject to public charge review unless another exemption applies. Certain humanitarian categories, including qualifying refugees, asylees, T and U nonimmigrants, VAWA self-petitioners and Special Immigrant Juveniles, are among those exempt from the public charge ground.
For EB-5 investors preparing to file Form I-485 on or after September 18, the practical priorities are straightforward: use the correct I-485 edition, accurately disclose required financial and benefit information, and have any questions about benefit history reviewed with immigration counsel before filing.
For a broader comparison of adjustment of status and consular processing, see ARCFE's guide:
Legal Challenges Could Still Affect Implementation
On September 14, New York and a coalition of 21 other states and the District of Columbia filed a federal lawsuit challenging the new public charge rule. A separate coalition led by New York City, including Chicago, San Francisco, Santa Clara County, Seattle and King County, filed another challenge the same day. The plaintiffs are asking the courts to block the rule, arguing that the new framework exceeds DHS's legal authority and gives officers excessively broad discretion. DHS, by contrast, states that the rule restores discretion it believes was unduly constrained by the 2022 regulation.
As of September 17, the Federal Register and USCIS continue to list September 18 as the effective date. Applicants should therefore prepare for the new rule and revised Form I-485 to take effect as scheduled unless a court issues further relief.
ARCFE will continue monitoring the litigation and USCIS implementation and will update this article if the effective date or filing requirements change.
To learn more about ARCFE’s experience and investment approach, or to evaluate whether EB-5 may fit your family’s immigration plans, request a confidential consultation with the ARCFE team.
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 immigration, legal, tax, or investment advice. Immigration rules and agency policies may change, and individual circumstances can produce different results. Applicants should consult qualified immigration counsel before making employment, travel, or status decisions.
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