DHS Rescinds 2022 Public Charge Rule, Expands USCIS Review Authority

• DHS has finalized a rule rescinding the 2022 public charge regulation, allowing USCIS officers to consider a broader range of factors when assessing whether immigration applicants may become dependent on public benefits. 

DHS Rescinds 2022 Public Charge Rule 

The U.S. Department of Homeland Security (DHS) has issued a final rule rescinding the 2022 public charge regulation, marking a significant shift in how immigration officers evaluate whether applicants for visas, admission or adjustment of status may become a public charge. 

The Trump administration says the change reinforces longstanding statutory requirements under the Immigration and Nationality Act (INA), which allows the government to find individuals inadmissible if they are likely to become dependent on government assistance.

The final rule takes effect September 18, 2026.

What Is Changing? 

The rescinded 2022 regulation limited the types of public benefits and factors that U.S. Citizenship and Immigration Services (USCIS) officers could consider when making public charge determinations. 

Under the new rule: 

• USCIS officers will have broader discretion to assess public charge concerns. 
• Officers may evaluate all relevant facts and circumstances on a case-by-case basis. 
• DHS states the change restores its ability to apply the public charge inadmissibility provision consistent with congressional intent. 
• The agency will no longer be bound by the narrower framework established under the 2022 rule. 

DHS says the revised approach reinforces the principle that foreign nationals seeking immigration benefits should be financially self-sufficient and not rely on taxpayer-funded public assistance.

USCIS Statement 

In announcing the rule, USCIS spokesperson Zach Kahler stated: 

The Trump administration is upholding the rule of law and protecting American taxpayers from subsidizing aliens who may become dependent on public benefits. USCIS is committed to safeguarding the safety, security, and financial well-being of Americans.

Impact on Adjustment of Status Applicants

As part of implementing the rule, USCIS will publish a revised version of Form I-485, Application to Register Permanent Residence or Adjust Status.

Applicants should note: 

• USCIS will require a new edition of Form I-485 beginning September 18, 2026.
  USCIS will not accept previous editions of Form I-485 if applicants mail or submit them electronically on or after the effective date.
  Individuals filing adjustment of status applications should use the updated form once USCIS releases it.

Looking Ahead 

Employers and foreign nationals should monitor USCIS for additional implementation guidance and updated filing requirements. 

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