US Revises Green Card Eligibility Rules, Explains What Immigration Officers Can Consider
- The Trump administration rescinded the Biden-era 2022 public charge regulation, shifting how USCIS officers evaluate Green Card applicants
- USCIS officers will now weigh all pertinent facts on a case-by-case basis when determining whether an applicant could become a public charge
- A revised Form I-485 will be required starting September 18, 2026, with older versions no longer accepted after that date
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The United States (US) government has overhauled its approach to evaluating whether Green Card applicants could become financially dependent on the state, with the Department of Homeland Security formally scrapping a Biden-era immigration rule.
On 16 July 2026, the DHS announced a final rule rescinding the 2022 public charge regulation, a policy introduced under the previous administration that had governed how immigration officers weighed an applicant's likelihood of relying on government benefits. The change restores a more discretionary framework, giving USCIS officers the authority to consider all relevant facts surrounding an individual applicant rather than applying a fixed standard.
Source: UGC
US: What public charge rule change means
Under the revised approach, officers reviewing lawful permanent residence applications will evaluate each case individually, considering the full picture of an applicant's circumstances. The public charge test is a long-standing element of US immigration law that allows authorities to deny a Green Card to someone deemed likely to become primarily dependent on government assistance.
USCIS spokesperson Zach Kahler framed the decision in firm terms, saying:
"The Trump administration is upholding the rule of law and protecting American taxpayers from subsidizing aliens who may become dependent on public benefits."
The rule took effect on 18 September 2026. From that date, applicants filing Form I-485, the application to register permanent residence or adjust status, must submit the updated version of the form. Any older versions of the form postmarked or submitted on or after the effective date will not be accepted by USCIS.
Revised form I-485 required from September
For those applying for a Green Card, the form change has practical consequences. Applicants who have already begun the process using an older version of Form I-485 must transition to the revised form before the September deadline to avoid having their submissions rejected.
The rescission marks a notable shift in how the federal government approaches public charge determinations, moving away from the structured framework introduced in 2022 towards a broader, officer-led assessment of each applicant's individual circumstances.
Read the full USCIS announcement on the public charge rule change.
In a similar report, Legit.ng published that the US released a list of five categories of workers eligible for employment-based Green Cards.
US introduces public charge bond requirement
Meanwhile, Legit.ng previously reported that the US announced the pilot programme that lets consular officers require some immigrant visa applicants to post a Public Charge Bond before their visa is approved.
The bond amount is decided case by case, and applicants may face the extra cost if an officer believes they could rely mainly on government assistance. But the requirement applies only to people selected by a consular officer, not every visa applicant.
Source: Legit.ng
