The Department of Homeland Security (DHS) has published a final rule eliminating the public charge regulation adopted in 2022. Beginning September 18, 2026, U.S. Citizenship and Immigration Services (USCIS) will apply updated standards when evaluating whether an applicant for a visa, admission, or adjustment of status is likely to become a public charge under the Immigration and Nationality Act (INA).

According to DHS, removing the 2022 regulation restores broader discretion for USCIS officers to evaluate each case individually, taking into account all relevant factors when making a public charge determination. The agency has stated that this change is intended to better align its review process with the framework established by Congress.

What This Means for Applicants

Individuals filing adjustment of status applications should also be aware that USCIS will release a revised Form I-485 before the rule takes effect. Starting September 18, 2026, applications submitted with previous editions of the form will no longer be accepted.

Next Steps

INLG is monitoring the implementation of this rule and the release of the updated Form I-485. Applicants planning to file for adjustment of status or other immigration benefits should confirm they are using the correct form edition and understand how the revised public charge standard may apply to their case.