New public charge rule takes effect Sept. 18: new Form I-485 required, benefit use reviewed case by case
DHS rescinded the 2022 rule and returned to a broad, case-by-case assessment of whether an applicant is likely to become a public charge. Since Sept. 18, USCIS accepts only the 09/18/26 edition of Form I-485. Twenty-one states and the District of Columbia have sued.
Key points
- In effect: the final rule was published July 20 and took effect Sept. 18. Older editions of Form I-485 are rejected, with no grace period.
- What changed: officers are no longer limited to the 2022 framework and have more discretion; means-tested benefits applied for or received on or after Sept. 18 can be considered.
- Scale: DHS estimates federal transfer payments could fall about $7.71 billion a year as families disenroll or forgo benefits; KFF estimates 1.4 million to 4.1 million Medicaid and CHIP enrollees could drop coverage.
- Litigation: 21 states and D.C. have sued; as of this update, no court has paused the rule.
What changed
“Public charge” is a ground of inadmissibility under the Immigration and Nationality Act: an officer can deny a green card or certain visas if they conclude the applicant is likely to depend primarily on government support. In a final rule published in the Federal Register on July 20, 2026, DHS rescinded its 2022 regulation and moved to a case-by-case assessment of the applicant’s overall circumstances, no longer confined to the framework the 2022 rule set out.
The rule took effect Sept. 18. Since then, USCIS accepts only the 09/18/26 edition of Form I-485, which adds questions about benefit use; older editions are rejected with no grace period. Means-tested benefits applied for or received on or after Sept. 18 can be weighed. Earned benefits such as Social Security, Medicare and unemployment insurance are not means-tested.
How large is the chilling effect?
Base: about 13.4 million enrollees living with at least one noncitizen.
Source: KFF analysis of American Community Survey data. Chart by Hibee.
| Item | All who could disenroll | U.S.-citizen children |
|---|---|---|
| 10% disenrollment | 1.4M | 560K |
| 30% disenrollment | 4.1M | 1.7M |
In the rule’s regulatory impact analysis, DHS acknowledges indirect effects: federal transfer payments could fall by about $7.71 billion a year as immigrant households disenroll from or forgo benefits. KFF, an independent health policy research organization, estimates that about 13.4 million Medicaid or CHIP enrollees live in a household with at least one noncitizen. At disenrollment rates of 10% to 30%, between 1.4 million and 4.1 million people could drop coverage, including 560,000 to 1.7 million U.S.-citizen children.
When a similar rule was proposed in 2019, surveys found that more than one in five adults in immigrant families with children had avoided non-cash benefits they were legally entitled to because of immigration concerns. KFF notes the new rule leaves many key concepts to officers’ discretion, which can lead families to withdraw even when they need not.
Legal challenges
Twenty-one states and the District of Columbia have sued, arguing the rule will seriously harm immigrant families. As of this update, we found no court order pausing the rule, which remains in effect.
What it means for you
- Filing Form I-485 on or after Sept. 18: use the 09/18/26 edition and answer the new benefit-use questions accurately.
- Family-based cases that need an I-864 affidavit of support: prepare fuller evidence of income, assets and employment.
- Most employment-based applicants do not file an I-864 but are still subject to the public charge ground, so don’t skimp on financial documentation.
- U.S.-citizen children are not themselves subject to a public charge test, but the rule does not spell out how benefits used by family members will be weighed. Get case-specific advice before dropping a benefit out of fear.
Timeline
- Final rule placed on public inspection
- Published in the Federal Register
- Rule takes effect; 09/18/26 Form I-485 required
Sources
Wondering what this means for your case?
Hibee’s team can assess it against your status, timeline and employer.
This article reflects public information as of Oct. 2, 2026. It is for general information only and is not legal advice. Hibee is not a law firm; for your specific case, rely on the latest official guidance and a licensed attorney.
Related coverage
Work permit renewals no longer auto-extend, and H-4 EAD rescission is on DHS’s agenda
Renewals filed on or after Oct. 30, 2025, no longer get the 540-day automatic extension, and some EADs now last only 18 months. The H-4 EAD itself remains, but DHS has listed its rescission as a long-term action. For Chinese applicants facing long green card backlogs, renewals — and gaps in work authorization — are becoming more frequent.
Supreme Court upholds birthright citizenship 6–3; second executive order also blocked
On June 30, the Supreme Court held in Trump v. Barbara that Executive Order 14160 violates the 14th Amendment. On Aug. 6 the White House issued EO 14418, aimed at “birth tourism” and other groups; on Sept. 2 a federal court in Maryland preliminarily enjoined it for members of a certified class.
EB-5 changes: filing fees roughly double Nov. 30, investment amounts rise in 2027, reform proposal pending
A DHS final rule published Sept. 30 sharply raises EB-5 filing fees on Nov. 30; the I-526E goes from $3,675 to $7,850. Petitions filed by Dec. 31 still qualify at $800,000 or $1.05 million; on Jan. 1, 2027, the amounts adjust for inflation. Grandfathering protection for regional center investors ended Sept. 30.
