CIANA Explains: Public Charge Updates 2026
On September 18, 2026, the United States Customs and Immigration Services (USCIS) updated their public charge rules, widening the scope of factors that could lead to a public charge determination.
A public charge determination means that a USCIS officer has to decide whether an applicant will cost the state more money than they make, leading to the denial of a green card or visa application. Prior to September 18, USCIS had already considered factors such as social security income, HRA-issued TANF cash assistance, and government-funded long-term institutionalization to determine whether someone would be a public charge. Under the new changes, USCIS now includes the use of “means-tested” public benefits, such as Medicaid and SNAP, to make a public charge determination.
As your community resource here at CIANA, we want to share a few things that the community should be aware of regarding these new rule changes.
What are means-tested benefits? These are public benefits where eligibility is based on individual or family income. Examples include Medicaid, SNAP, Section 8 housing vouchers, and need-based student financial aid. USCIS is only looking at benefits received after September 18, 2026, so the new rules don't apply if you used benefits before this date. That being said, USCIS did not provide a list of all benefits under scrutiny, though we do know that Emergency Medicaid will not be looked at. Therefore, for new green card and visa applicants to stay informed, we suggest you look into the benefits you use before applying.
Additionally, the use of these benefits will not be the sole factor used to determine whether someone is a public charge. The USCIS will also weigh factors like age and health as well as household size, income, education, and degrees/certifications to make a prospective judgement about the individual's ability to support themselves financially. This means that when applying for a visa or a green card, it is important that you have documents of proof handy such as income tax returns, degrees/certificates/licenses, or even a medical exam report to vouch for your health. Family-based green card and visa applications still require an affidavit of support; this has not changed with the new updates.
Luckily, these new rules do not affect all immigration applications. The main categories subject to the new rules include family visas, work visas, diversity visas, and S visas (witness or informant visas). This means that applications for U.S. citizenship, green card renewals, asylees, refugees, and many others are exempt from the new rules. Please click the link below to examine the USCIS list of visas exempt and nonexempt from public charge.
Ultimately, public charge determination is up to the discretion of the USCIS officer overlooking your application. This means that our caseworkers and lawyers cannot confirm or deny whether your use of public benefits will lead to a public charge determination. What we do know is that cities and states across the country are fighting against the new rules by suing the federal government. This could lead to ongoing changes to public change rules in the coming months. We will inform you of updates regarding these cases when we learn more.
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