On August 18, 2026, USCIS issued a policy alert announcing a change to the “public charge” rule. The Public Charge Rule has been part of the U.S. Immigration law for more than 100 years, since its first introduction in the Immigration Act of 1882. Multiple interpretations of the rule have been implemented by administrations throughout the years, most recently by the Clinton Administration’s Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) and Trump’s Final Rule.
This information is not a substitute for legal advice from a qualified attorney or accredited representative. The content was last updated in September 2026.
How does the public charge rule work?
The public charge analysis comes into effect when certain people apply for a green card. If you are applying for a green card through a family member, an employer, or through the Diversity Visa lottery, you may be subject to this public charge rule.
In the past, the federal government has considered the receipt of certain types of cash assistance, including Supplemental Security Income (SSI) and Temporary Assistance for Needy Families (TANF), and government-funded institutionalization for long-term care, like a nursing home, to make a decision on whether you are a “public charge.”
The new rule, however, would allow the government to consider the use of any federal, state, or local “means-tested” public benefits when reviewing your application for a green card/visa. Officers will also be able to consider multiple factors such as “age, health, family status, assets, resources, educational skills and financial status.” .
If the officer determines that the individual applying would become a public charge, then the application will most likely be denied. Affidavits by family members (sponsors) that promise to aid the individual applying are usually considered, so long as the sponsor can prove that he/she can financially take care of the person. This has been the case over a century.
What do we know about the new public charge rule?
The new public charge rule is set to go into effect on September 18, 2026. This means that any green card applications that are postmarked on or after this date will be subject to the new analysis.
The new rule states that use of any means-tested benefits, whether they are federal, state, or city-funded, will be considered in the public charge analysis. While USCIS does not define “means tested,” it states generally that benefits fall into this category if eligibility to receive them was based on an “applicant’s income or assets falling below a certain threshold.”
Additionally, we know that there have been several lawsuits filed by both NYC and NY State challenging the implementation of this new rule so this could impact whether or not the new rule actually goes into effect.
Are there any resources available to better understand the public charge rule?
These are some resources that are available to help you understand if and how this may impact you:
- Asian-language resources: The Asian American Federation has also created public charge guides in 14 Asian languages, as well as family-preparedness resources in nine Asian languages.
- Free legal help: The Mayor’s Office of Immigrant Affairs (MOIA) is partnering with community organizations to expand legal screenings and consultations. New Yorkers can also call the free, confidential MOIA Immigration Legal Support Hotline at 1-800-354-0365 for help in their preferred language.
- Community outreach: The Mayor’s Office plans to hold community conversations in all five boroughs with legal service providers, community organizations, city leaders and elected officials, as well as conduct outreach in neighborhoods with high rates of noncitizen public-benefit use.
- Multilingual materials: The city has released a public charge palm card in 14 languages and is developing updated FAQs to reflect federal guidance. More information is also available at nyc.gov/publiccharge.
- Trainings: The Mayor’s Office is working with C.L.I.N.I.C., Immigrant Justice Corps and other partners to train community-based organizations, legal service providers and constituent-facing staff at city agencies and elected officials’ offices on public charge issues.
- Phone outreach: The Mayor’s Office is planning phone banks with community partners and exploring a media partnership with Univision and Telemundo through the Hispanic Federation.
