Release Date: 07/16/2026
The Department of Homeland Security (DHS) has made a final rule to remove the 2022 Biden-era public charge rule. This change makes immigration law closer to what Congress intended: that people in the U.S. should support themselves and not rely on government benefits paid by taxpayers. Under the Immigration and Nationality Act (INA), a person applying for a visa, entry, or to change their status can be denied if they are likely to need public benefits in the future.
The old 2022 Biden-era rule limited which government benefits DHS officers could consider when deciding public charge cases. This stopped officers from looking at all important facts as Congress wanted. Now, with the new final rule, USCIS officers can look at all relevant information for each applicant individually.
U.S. Citizenship and Immigration Services spokesperson Zach Kahler said, “The Trump administration is enforcing the law and protecting American taxpayers from paying for people who might depend on public benefits. USCIS is committed to keeping Americans safe and financially secure.”
This rule will start on Sept. 18, 2026. USCIS will release a new version of Form I-485, Application to Register Permanent Residence or Adjust Status. Any older versions of Form I-485 that are sent by mail or filed online on or after that date will not be accepted.
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