Thehas introduced a significant change in how it assesses whether certain Green Card applicants might become dependent on government assistance. A new immigration rule came into force on September 18, 2026, changing the way the government analyses the financial and personal situations of certain individuals applying for permanent residence.

At the heart of this change is the “public charge” test-a long-standing provision in U.S. immigration law that allows authorities to determine whether a person seeking admission or an adjustment of status is likely to become primarily dependent on government aid.

The Department of Homeland Security has rescinded the 2022 public charge regulations that came from the Biden era giving USCIS freedom to examine each applicant’s circumstances. The final rule was published in July. Took effect on September 18.

A lot of workers in the United States try to get permanent residence through jobs. They usually do this after staying in the US. On H-1B status for years.

However, using a government benefit does not automatically lead to the rejection of a Green Card application. USCIS says that officials will look at the applicant’s situation and decide on a case-by-case basis, for a Green Card application.

Below are the key details that Indian applicants-especially those transitioning from H-1B or other temporary statuses to permanent residence-should know about the new public charge rules.

1. New rules effective September 18

The new framework applies to Form I-485 filings that are postmarked or submitted electronically on or after September 18 2026. Applications that are properly filed before September 18 and remain pending will be processed under the framework. The Federal Register specifically indicates that the receipt of means-tested public benefits prior to September 18 will be evaluated in accordance with the 2022 rule.

USCIS has also announced that it will use a revised version of Form I-485. Previous versions submitted on or after September 18 will not be accepted.

2. USCIS will evaluate five factors

The new framework does not establish a single income threshold that automatically determines whether a person meets the requirements.

Instead, USCIS officers must consider five factors established by law: age, health, family status, assets/resources/financial status, and education and skills.

These factors are considered collectively, not in isolation. USCIS may also examine other relevant circumstances and evidence when making its decision.

For a professional from India, for example, this means the evaluation is not limited simply to how much they earn. Employment, savings, family circumstances, qualifications, and other relevant data can all be part of the overall picture.

3. A wider range of government benefits may be considered

Under the Biden administration’s 2022 framework, USCIS generally focused on certain cash public assistance for income maintenance and government-funded long-term institutionalization. Under the new framework, USCIS may consider a broader range of means-tested public benefits received on or after September 18 as part of the overall public charge assessment.

This may include categories such as cash assistance, housing assistance, food assistance, and certain government-funded healthcare or financial assistance programs, depending on the specific program and circumstances.

The important distinction is that the presence of such a benefit in an applicant’s history does not, in itself, constitute automatic grounds for denial.

4. What happened before September 18

Applicants should not assume that all government benefits they have ever received will suddenly be treated under the new regulatory framework. The Federal Register indicates that benefits received before September 18, 2026, will be evaluated in accordance with the 2022 regulations.

In practical terms, the broader treatment of means-tested benefits (previously excluded) begins on the new effective date. This makes the dates of benefit receipt and the application filing date particularly important for anyone already processing their permanent resident card (Green Card).

5. Indian workers on H-1B visas should take note

The change is particularly relevant for technology professionals from India and other skilled workers transitioning from temporary U.S. immigration status to permanent residence.

Employment-based categories that may be subject to the public charge ground of inadmissibility include EB-1 priority workers; EB-2 professionals with advanced degrees or individuals with exceptional ability; EB-3 skilled workers and professionals; as well as other workers, investors, and certain religious workers, among others.

However, being an Indian citizen or holding an H-1B visa does not, by itself, determine whether a person will be considered a public charge. The applicant’s specific Green Card category and individual circumstances are determining factors.

6. Family-based Green Card applicants

The new framework is not limited to employment-based immigration. Many family-sponsored immigrants seeking adjustment of status may also be affected by the public charge provision, including certain spouses, parents, and children of U.S. citizens and individuals in other family-preference categories.

This means that families from India applying for permanent residence through a U.S. citizen or permanent resident relative must also understand whether their specific category is included.

7. Several categories remain exempt

The public charge ground of inadmissibility does not apply to everyone seeking permanent residence. US law exempts several humanitarian and special categories. These include, among others, refugees, asylees, certain special immigrant juveniles, certain qualifying victims of human trafficking or criminal activity, VAWA petitioners, and certain applicants with Temporary Protected Status (TPS). Certain special immigrant categories are also covered by statutory exemptions.

Therefore, the question “Will this new rule affect me?” cannot be answered simply by looking at whether someone has received government assistance. One must first consider their immigration category.

8. There is no simple “salary threshold”

One of the most important points for applicants to understand correctly is that the new system does not set a simple salary figure below which a person automatically fails the Green Card assessment. USCIS will consider assets, resources, and financial situation alongside other factors established by law.

An applicant’s education and skills may also be relevant, as they can influence the ability to secure employment and be self-sufficient. The assessment seeks to consider the totality of circumstances, rather than turning a figure from a pay stub into an automatic approval or denial decision.

9. Affidavit of Support

Where applicable, USCIS may consider Form I-864, Affidavit of Support. This form is intended to establish a financial commitment from a sponsor in cases where one is required. However, this does not mean that other aspects of the applicant’s situation lose their relevance. The new guidelines allow USCIS to consider such an affidavit alongside other evidence when determining whether there is a risk of becoming a public charge.

10. Public charge bond

A public charge bond mechanism also exists. If USCIS determines that an applicant is inadmissible solely because they are likely to become a public charge, the agency may invite the applicant to post a bond.

Applicants cannot simply choose to submit one on their own initiative. USCIS indicates that an individual may only file Form I-945 (Public Charge Bond) after receiving an invitation from the agency Notice of Intent to Deny. The bond amount may take into account the government assistance the applicant could receive over the following five years.