AsylumBusiness immigrationCitizenship and naturalisationDeportation and removalEmployment-based immigrationFamily-based immigrationNon-immigrant visaPublic Charge Rule Returns in 2026: DHS Final Proposal – Who Will Be Affected & How to Prepare Right

• Applicants for permanent residence through Adjustment of Status (Form I-485).
• Immigrant visas processed at consulates (CR-1/IR-1, EB-2/EB-3 and others).
• Certain nonimmigrant extensions and changes of status where inadmissibility grounds are reviewed.
• Family members whose use of means-tested benefits may signal household dependency on public support.

• Public Charge applies to visas and green cards, but not to naturalization applications.
• Participation in the WIC program (Women, Infants, and Children) remains outside the Public Charge assessment.
• Until the final rule is adopted, the 2022 Public Charge regulation continues to govern adjudications.

The 2019 Public Charge rule was the first in modern history to make many non-cash benefits countable (SNAP, expanded Medicaid, housing programs) and introduced Form I-944. After its rescission in 2021–2022, many believed that such a broad approach would not return. The 2025 DHS proposal clearly builds on the logic of the 1996 welfare reform and goes even further than 2019 in terms of discretion given to adjudicating officers.

The proposal reaffirms that participation in WIC does not trigger Public Charge concerns. The rule also does not apply to naturalization: citizenship applications are not evaluated on Public Charge grounds. The focus remains on visas and statuses for which inadmissibility grounds under the Immigration and Nationality Act must be considered.

For family-based and employment-based immigrant visas, consulates are already receiving signals to strengthen the assessment of financial self-sufficiency. You should expect:

• the return of expanded financial questionnaires similar in scope to former DS-5540 / I-944;
• more rigorous review of sponsorship under Form I-864, including joint sponsors and assets;
• detailed questioning on whether you or family members have used Medicaid, SNAP, housing assistance or other means-tested programs.

CR-1/IR-1 and parent of U.S. citizen categories may be especially sensitive, as these cases often rely on joint sponsors and families with moderate income.

The proposal directly targets the way USCIS evaluates green card applications filed through I-485. Likely changes include:

• expanded questions on income, assets, debts and benefit usage on I-485 or a companion form;
• more frequent Requests for Evidence (RFEs) focused on financial capacity and self-sufficiency;
• consideration of any history of means-tested benefit use after entry, including where the primary recipient was a spouse or child.

This will affect employment-based cases as well (EB-1, EB-2 NIW, EB-2/EB-3 via PERM): even a strong petition at the I-140 stage may be undermined if the household has a significant history of benefit usage by the time I-485 is adjudicated.

By statute, inadmissibility grounds, including Public Charge, can be relevant for certain nonimmigrant classifications — especially at initial admission and sometimes at extension. Today this rarely drives denials, but broader discretion may change that:

• more detailed financial questions on Forms I-129 / I-539 for principal applicants and dependents;
• review of Medicaid/CHIP, SNAP and housing history when a worker or student re-enters the U.S.;
• additional scrutiny of E-2 and L-1 households where the family lives primarily on one U.S.-based income.

For K-1/K-2 and the subsequent Adjustment of Status, benefit history can be reviewed at two points:

• during consular processing (questions on income, debts and health coverage);
• when filing I-485 after entry, if the family has used Medicaid, SNAP or housing support by that time.

Families with modest income or complex medical history (expensive treatment, chronic conditions) may see higher risk, as officers gain more freedom to treat such cases as potential Public Charge issues.

• 1. Map your family’s benefit history from 2022 onward. Make a separate list for Medicaid/CHIP, SNAP, housing assistance, SSI, TANF and other means-tested programs. You can normally leave WIC aside for Public Charge purposes.
• 2. Collect documentation. Statements from benefit agencies, approval and termination letters, and short explanations why support was needed (temporary job loss, pregnancy, Covid-related issues, etc.).
• 3. Strengthen your financial profile. Review whether the I-864 sponsor’s income is sufficient; consider a joint sponsor or the use of assets (bank accounts, property, investments) if needed.
• 4. Re-evaluate your AOS timing. If you are close to being document-ready for I-485 under the current rule, discuss with counsel whether filing sooner, while the 2022 framework still applies, is realistic.
• 5. Do not abruptly drop essential coverage. Ending critical medical coverage solely for immigration reasons can be dangerous. Weigh health risks and immigration risks with both medical and immigration professionals.

• 1. Build a clear income strategy. Plan the family’s income level, job offer, business plan and tax history in the home country — everything that can demonstrate self-sufficiency on arrival.
• 2. Be precise and consistent in forms. At NVC and consulates, expect more questions about income, debts and health insurance. Inconsistent answers can trigger RFEs, administrative processing or even refusals.
• 3. Draft your “case story”. Prepare a concise narrative explaining how you will support yourself and your family in the U.S.: employment, savings, insurance, and employer or investor support.
• 4. Monitor form updates. By mid-2026, USCIS and the Department of State may release revised forms (especially I-485 and consular applications) with new Public Charge-related questions.
• 5. Plan for possible delays. Stricter analysis can mean extra document requests and interviews. Factor this into your timelines for relocation, employment start dates and university programs.