Indian Green Card applicants to face tougher test soon: USCIS scraps Biden-era public charge rules from Sept 18
The Department of Homeland Security announced the final rule on July 16, with formal publication in the Federal Register on July 20
- Aug 19, 2026,
- Updated Aug 19, 2026 10:32 AM IST
The rules governing who can become a permanent resident in the United States are changing again. From September 18, 2026, the Trump administration's new public charge regulations will come into force, scrapping the Biden-era framework that had been in place since 2022 and replacing it with a stricter standard for Green Card applicants.
The Department of Homeland Security announced the final rule on July 16, with formal publication in the Federal Register on July 20. "The updated guidance aligns with congressional intent that aliens in the United States be self-sufficient and not dependent on taxpayer-funded government benefits," USCIS said.
What public charge means
The public charge ground of inadmissibility is one of the oldest and most consequential tests in US immigration. In simple terms, if an immigration officer determines that a Green Card applicant is likely to rely on government-funded benefits, that applicant can be denied permanent residency. The assessment looks at past and present use of public benefits and makes a forward-looking judgment about likely future dependence.
What USCIS will look at
Under the new framework, officers will examine whether an applicant is currently receiving or has received cash assistance for income maintenance, housing assistance, food stamps, college financial aid or any comparable benefit.
If an officer concludes that an applicant could become a public charge, they may require the person to post a public charge bond, a financial guarantee, either as a cash deposit or through a surety company, that the individual will not draw on public funds.
The bond amount will be calculated based on the level of government assistance the applicant might be eligible for and could potentially access over the following five years.
Who falls under this rule
The public charge test applies to a wide range of applicants, including:
- spouses, children and parents of US citizens
- spouses, children and unmarried sons and daughters of lawful permanent residents
- married sons and daughters of US citizens
- brothers and sisters of US citizens
- fiancés of US citizens
- priority workers
- professionals with advanced degrees or exceptional ability; skilled workers and other workers
- religious workers; diversity visa immigrants; investors
- several categories of current or former US government employees and international organization staff.
Who is exempt
A significant number of categories are excluded from the public charge test entirely.
These include refugees and asylees; Afghan and Iraqi nationals who worked for or on behalf of the US government; Cuban and Haitian entrants adjusting status; Nicaraguans and other Central Americans adjusting to lawful permanent residence; victims of human trafficking and qualifying criminal activity; self-petitioners under the Violence Against Women Act; special immigrant juveniles; applicants for Temporary Protected Status; and applicants adjusting under the Liberian Refugee Immigration Fairness law, among others.
For the large number of Indian nationals in the US on employment-based visa pathways who are waiting for Green Cards, the reimposition of stricter public charge standards adds another layer of scrutiny to an already complex process.
The rules governing who can become a permanent resident in the United States are changing again. From September 18, 2026, the Trump administration's new public charge regulations will come into force, scrapping the Biden-era framework that had been in place since 2022 and replacing it with a stricter standard for Green Card applicants.
The Department of Homeland Security announced the final rule on July 16, with formal publication in the Federal Register on July 20. "The updated guidance aligns with congressional intent that aliens in the United States be self-sufficient and not dependent on taxpayer-funded government benefits," USCIS said.
What public charge means
The public charge ground of inadmissibility is one of the oldest and most consequential tests in US immigration. In simple terms, if an immigration officer determines that a Green Card applicant is likely to rely on government-funded benefits, that applicant can be denied permanent residency. The assessment looks at past and present use of public benefits and makes a forward-looking judgment about likely future dependence.
What USCIS will look at
Under the new framework, officers will examine whether an applicant is currently receiving or has received cash assistance for income maintenance, housing assistance, food stamps, college financial aid or any comparable benefit.
If an officer concludes that an applicant could become a public charge, they may require the person to post a public charge bond, a financial guarantee, either as a cash deposit or through a surety company, that the individual will not draw on public funds.
The bond amount will be calculated based on the level of government assistance the applicant might be eligible for and could potentially access over the following five years.
Who falls under this rule
The public charge test applies to a wide range of applicants, including:
- spouses, children and parents of US citizens
- spouses, children and unmarried sons and daughters of lawful permanent residents
- married sons and daughters of US citizens
- brothers and sisters of US citizens
- fiancés of US citizens
- priority workers
- professionals with advanced degrees or exceptional ability; skilled workers and other workers
- religious workers; diversity visa immigrants; investors
- several categories of current or former US government employees and international organization staff.
Who is exempt
A significant number of categories are excluded from the public charge test entirely.
These include refugees and asylees; Afghan and Iraqi nationals who worked for or on behalf of the US government; Cuban and Haitian entrants adjusting status; Nicaraguans and other Central Americans adjusting to lawful permanent residence; victims of human trafficking and qualifying criminal activity; self-petitioners under the Violence Against Women Act; special immigrant juveniles; applicants for Temporary Protected Status; and applicants adjusting under the Liberian Refugee Immigration Fairness law, among others.
For the large number of Indian nationals in the US on employment-based visa pathways who are waiting for Green Cards, the reimposition of stricter public charge standards adds another layer of scrutiny to an already complex process.