Indian nationals seeking a US Green Card will face a stricter review from September 18, 2026, as the US Citizenship and Immigration Services (USCIS) brings back a broader “public charge” test for certain permanent residency applications. The change is part of a new US Department of Homeland Security rule that rolls back the Biden-era 2022 public charge regulations. USCIS said that the revised approach will give immigration officers more factors to consider when deciding whether an applicant is likely to depend on government support.
What is changing from September 18?
Under the new framework, USCIS officers will look at the applicant’s overall financial and personal situation rather than focusing on only a limited set of government benefits.
The assessment can include factors such as the applicant’s age, health, family situation, financial resources, education and skills. Officers can also consider whether the applicant has received certain means-tested benefits.
These benefits can include programmes such as Medicaid, food assistance, housing support and certain forms of financial assistance. Using a benefit will not automatically mean that a Green Card application will be rejected. Instead, USCIS will consider it along with the applicant’s other circumstances.
Why does this matter to Indians?
The change comes at a difficult time for many Indians waiting for US permanent residency. Indian applicants, particularly those applying through employment-based categories, already face lengthy Green Card backlogs.
The EB-2 India category, for example, has reached its FY2026 annual limit and is unavailable for immigrant visa issuance and adjustment approvals through September 30, 2026. The category is expected to become available again when the new fiscal year begins on October 1, although movement could remain limited.
The new public charge assessment therefore adds another layer of scrutiny for Indians who are already waiting for their priority dates to become current.
Will using government benefits automatically lead to rejection?
No. Receiving government assistance does not by itself mean that an applicant will be denied a Green Card. Instead, USCIS will examine the applicant’s circumstances as a whole and decide whether they are likely to become primarily dependent on government support. Financial stability, employment prospects, assets, education, skills and family circumstances can all be relevant to the decision.
What about family members using benefits?
The new assessment is focused on the person applying for permanent residence. Benefits received by other family members do not automatically make the Green Card applicant a “public charge.”
For example, benefits used by a US-citizen child are not treated in the same way as benefits received by the Green Card applicant themselves.
Who will be affected?
The revised rules mainly matter to people whose Green Card applications are subject to the public charge ground of inadmissibility, including certain applicants filing Form I-485, which is used to apply for permanent residence from inside the US.
Applications submitted or postmarked before September 18, 2026 will generally continue to be considered under the earlier framework. Applications submitted on or after that date will be subject to the revised rules.
Certain groups, including refugees and asylum seekers and some people applying under humanitarian protections, are exempt from the public charge test.
New Form I-485 also coming
There is another important change for people applying from within the US. USCIS has said it will introduce a revised version of Form I-485 before the new rule takes effect.
Applicants filing on or after September 18 will need to use the updated form. USCIS has said older versions will not be accepted after the new edition becomes mandatory.
What Indians planning to apply should do
Indians preparing a Green Card application should carefully check their finances, employment details and supporting documents before filing. They should also make sure they use the correct version of Form I-485 once the new form becomes mandatory.
Those who are already in the US on H-1B or other temporary visas and are planning to apply for permanent residence may want to review their individual situation with a qualified US immigration lawyer, particularly if they or their dependants have received government benefits.
The key point is that the September 18 change does not mean Indians will be barred from getting Green Cards. Instead, eligible applicants can expect a broader and potentially more detailed assessment of their financial circumstances and possible reliance on government assistance.
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