US to Broaden Public Charge Rules for Green Card Applicants Starting September 18

The US Department of Homeland Security will implement a new rule starting September 18 that grants immigration officers broader discretion in deciding whether applicants for permanent residency are likely to become a public charge.

The updated rule eliminates the detailed framework established in 2022 to evaluate individuals likely to depend primarily on government aid. Under the new guidelines, officers will evaluate an applicant's entire profile on a case-by-case basis rather than adhering to the previous restrictions.

Under the broadened guidelines, immigration officers will be permitted to review all means-tested public benefits received on or after the implementation date, provided they are relevant to the public-charge determination. In addition to benefits usage, officers will assess an applicant's age, health, family circumstances, financial resources, education, employment, and skills.

The regulatory adjustment applies to individuals seeking adjustment of status to lawful permanent resident, including employment-based applicants submitting Form I-485 for permanent residency. The Department of Homeland Security noted that the objective is to ensure applicants can support themselves through private resources, family, sponsors, or organizations rather than public assistance.

DHS clarified that the receipt of a public benefit will not trigger an automatic denial of a green card, as officers are mandated to evaluate the overall circumstances of each case.

The rule also maintains provisions for public-charge bonds. US Citizenship and Immigration Services defined the bond as a financial guarantee where an individual or company pays a cash bond or posts a surety bond with USCIS as an assurance that the applicant will not become a public charge.

If an applicant is deemed inadmissible solely on public-charge grounds, USCIS can offer the option to post a cash or surety bond. If the bond is submitted after USCIS extends the invitation, the application may proceed toward approval and the granting of a green card.

The policy revision could affect thousands of Indian nationals awaiting permanent residency in the United States, particularly those who may be required to post bonds amounting to hundreds or thousands of dollars as a financial guarantee.