US Green Card Rules Change From September 18: New Public Charge Scrutiny
US Green Card rules change September 18, expanding public-charge scrutiny for certain applicants. Here’s what Indian Green Card applicants need to know.
New Public Charge Scrutiny For Green Card Applicants
New US Green Card rules take effect on September 18, 2026, expanding how USCIS assesses whether certain applicants are likely to become a public charge. The updated guidance affects eligible family-based and employment-based applicants seeking US permanent residency, including Indian nationals applying through categories covered by the public-charge ground of inadmissibility.
What Is the New Public Charge Rule?
The updated USCIS Policy Manual provides guidance on how officers should determine whether an applicant is likely to become a public charge. Officers will consider five statutory factors as part of the overall assessment:
- Age
- Health
- Family status
- Education and skills
- Assets, resources and financial status
USCIS may also consider other relevant circumstances when making an individual determination. The guidance follows a DHS final rule published in July 2026 that rescinds the 2022 public-charge regulations.
Who Is Affected by Public Charge?
The updated assessment applies to several family-based and employment-based Green Card categories. Among the employment-based categories listed by USCIS are:
- Priority workers
- Professionals with advanced degrees or persons of exceptional ability
- Skilled workers, professionals and other workers
- Investors
- Religious workers
Several family-based categories are also subject to the assessment, including spouses, children and parents of US citizens and certain relatives of lawful permanent residents.
However, the public-charge ground does not apply to every immigrant category. Exempt categories include:
- Asylees and refugees
- Special immigrant juveniles
- Certain Cuban and Haitian applicants
- Certain applicants for Temporary Protected Status
- Certain Afghan and Iraqi nationals and interpreters
- Applicants for registry
Can Public Benefits Affect a Green Card?
The updated framework allows USCIS officers to consider an applicant’s broader circumstances when assessing public-charge inadmissibility. The guidance also states that officers may consider Form I-864, Affidavit of Support, where applicable.
This does not mean that receiving a public benefit automatically results in Green Card denial. The assessment is based on the applicant’s circumstances as a whole.
For Indian applicants, the change is relevant because India has a large population pursuing employment-based US permanent residency. Applicants in categories covered by the rule will need to understand how the updated assessment applies to their individual circumstances.
Does the New Rule Change Green Card Processing Time?
The public-charge update does not directly change green card processing time or create a new Green Card application process. Instead, it changes the framework USCIS uses when evaluating whether certain applicants are likely to become a public charge.
It is also important to distinguish US permanent residency from citizenship. A Green Card grants lawful permanent resident status; green card vs citizenship involves separate eligibility requirements and processes.
For anyone researching how to get Green Card in USA, the September 18 change is therefore an additional eligibility consideration rather than a replacement for the existing Green Card process.
As the updated guidance takes effect, applicants should identify whether their immigration category is subject to the public-charge ground and review the financial and personal factors relevant to their application.
Stay connected with Smart Immigrant for more updates on US immigration and policy changes.
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