• Insights

United States: DHS Replaces Public Charge Regulation with Policy Guidance and Broad Discretion for Adjudicators

July 16, 2026

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

  • Under a final regulation set to be published in the July 20 Federal Register, the Department of Homeland Security is rescinding the public charge rule in effect for adjustment of status applications since December 2022 and replacing it with a more stringent public charge policy to be implemented through sub-regulatory policy guidance and tools.
  • The final rule takes effect on September 18, 2026. 
  • The expanded public charge policy will give USCIS officers broad discretion to determine whether an applicant is likely to become financially dependent on the government and is expected to expand the types of government benefits and factors to be considered by adjudicators when determining whether a foreign national is likely to become dependent on the government for support.

The issue

The Department of Homeland Security (DHS) has issued a final regulation rescinding the public charge regulation that has applied to adjustment of status applications since December 2022 and announces the agency’s plans to implement a new, broader public charge standard through policy guidance rather than through a new regulation. The new policy guidance is expected to lower the threshold by which an applicant would be judged likely to become a public charge and could result in significantly higher scrutiny of an applicant’s potential to become dependent on government benefits.

The final rule will be published in the Federal Register on July 20, 2026 and take effect on September 18, 2026. Concurrent with the rule’s effective date, a new Form I-485 adjustment of status application that is keyed to the new public charge standard will be issued.

The public charge ground of inadmissibility

Public charge is a statutory ground of inadmissibility that applies to all employment- and family-based adjustment of status applicants and some nonimmigrants in certain circumstances. The Immigration and Nationality Act does not define “public charge” but requires a totality test of certain factors to determine if a foreign national is likely to become a public charge of the government. If deemed likely, the government can deny the immigration benefit or status sought by the foreign national.

In 2019, during the first Trump Administration, DHS issued a broad public charge regulation that expanded the possible classes of individuals deemed likely to become a public charge, and required a significant amount of detailed financial information and documentation from all adjustment of status applicants (including all employment-based adjustment applicants) as well as public-charge-related attestations from nonimmigrants seeking a change of status or extension of stay within the United States. The 2019 public charge rule took effect in February 2020 and was the subject of a string of judicial rulings that resulted in several about-faces with respect to DHS’s authority to enforce it. The rule was ultimately invalidated in March 2021 and replaced with a new, more limited public charge regulation issued by the Biden Administration; that rule, which applied only to adjustment of status and took effect in December 2022, is being rescinded by the new final regulation.

What’s next for the public charge rule and policy

DHS is expected to update its policy guidance on the public charge ground of inadmissibility in the coming weeks.  Fragomen is closely tracking the implementation of new public charge guidance and the forthcoming new edition of Form I-485; further client alerts will be issued as developments occur.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Video

Family Reunification in Germany: Who Qualifies and How Does It Work?

In this video, Fragomen Senior Manager Katharina Vorländer explains who may qualify for family reunification in Germany, the requirements that may apply, employment and education rights for accompanying family members and important considerations when preparing an application.

Learn more

Media mentions

Dziennik Gazeta Prawna: Nielegalne zatrudnienie cudzoziemca? Pracodawca może stracić więcej niż pieniądze

Partner Karolina Schiffter discusses how digitalization is transforming immigration procedures in Poland and how law firms can adapt to evolving client expectations.

Learn more

Blog post

Who Qualifies for Costa Rica Permanent Residence?

Immigration Supervisor Michael Salas Guzman explains who may qualify for permanent residence in Costa Rica, the key benefits of permanent status and important considerations for foreign nationals planning to live and work in the country long term.

Learn more

Media mentions

BioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach

Partner Audrea Golding discusses how H-1B visa changes, including the $100,000 fee and weighted selection process, are affecting biopharma hiring and access to global talent.

Learn more
Generic Insights

Blog post

EU Visa Code Reform: Priorities for Better Schengen Business Travel

Senior Counsel Jo Antoons and Immigration Supervisor Elisabeth Kamm outline Fragomen Consulting Europe’s recommendations for EU Visa Code reform, including more consistent business travel rules, improved visa appointment access, greater transparency and a potential Schengen-wide trusted-employer framework.

Learn more

Blog post

Argentina Announces New Citizenship by Investment Programme: What Investors Need to Know

In a new blog, Manager Sophie Jo Wasson and Country Manager María Inés Menvielle explore what is known so far, the potential mobility benefits of Argentine citizenship and what prospective applicants should consider as implementation develops.

Learn more

Media mentions

Conexão Ásia: Além da China, profissionais das Filipinas, Índia, Japão e Bangladesh se destacam na imigração laboral asiática para o Brasil

Managing Director Diogo Kloper examines how immigration trends reveal the diverse economic ties between Brazil and Asia and the role of international mobility in supporting business growth.

Learn more

Media mentions

AILA Law Journal: Administrative Proxies in Immigration Adjudication

Partner David Grunblatt examines how USCIS uses administrative proxies in immigration adjudication and explains why these tools must support, rather than replace, statutory standards and individualized legal analysis.

Learn more

Blog post

International Talent in the Netherlands: Building a Talent Pipeline Without Losing Sight of Compliance

Manager Cherida Hooijer and Immigration Assistant Manager Kaatje Droesbeke examine how employers in the Netherlands can build an international student-to-graduate talent pipeline while managing the immigration and employment compliance requirements that apply at each stage.

Learn more

Video

Moving to Costa Rica? Visa and Residency Options Explained

Senior Immigration Program Manager Ana Carro explains Costa Rica's immigration pathways for digital nomads, retirees, individuals with stable income and investors, highlighting key eligibility requirements and considerations for choosing the appropriate option.

Learn more

Media mentions

Business Insider: The Winners and Losers of the New H-1B Era

Partner Catherine Macris discusses how evolving H-1B policies are shaping employers’ ability to recruit foreign talent, particularly in highly specialized fields.

Learn more

Awards

Fragomen Professionals and Employee Network Shortlisted for 2027 TLC Lions Human Awards Europe

Two Fragomen professionals and our BeYou@Fragomen employee network have been shortlisted for the 2027 TLC Lions Human Awards Europe, recognising their contributions to inclusive leadership and a people-centred workplace culture.

Learn more

Video

Family Reunification in Germany: Who Qualifies and How Does It Work?

In this video, Fragomen Senior Manager Katharina Vorländer explains who may qualify for family reunification in Germany, the requirements that may apply, employment and education rights for accompanying family members and important considerations when preparing an application.

Learn more

Media mentions

Dziennik Gazeta Prawna: Nielegalne zatrudnienie cudzoziemca? Pracodawca może stracić więcej niż pieniądze

Partner Karolina Schiffter discusses how digitalization is transforming immigration procedures in Poland and how law firms can adapt to evolving client expectations.

Learn more

Blog post

Who Qualifies for Costa Rica Permanent Residence?

Immigration Supervisor Michael Salas Guzman explains who may qualify for permanent residence in Costa Rica, the key benefits of permanent status and important considerations for foreign nationals planning to live and work in the country long term.

Learn more

Media mentions

BioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach

Partner Audrea Golding discusses how H-1B visa changes, including the $100,000 fee and weighted selection process, are affecting biopharma hiring and access to global talent.

Learn more
Generic Insights

Blog post

EU Visa Code Reform: Priorities for Better Schengen Business Travel

Senior Counsel Jo Antoons and Immigration Supervisor Elisabeth Kamm outline Fragomen Consulting Europe’s recommendations for EU Visa Code reform, including more consistent business travel rules, improved visa appointment access, greater transparency and a potential Schengen-wide trusted-employer framework.

Learn more

Blog post

Argentina Announces New Citizenship by Investment Programme: What Investors Need to Know

In a new blog, Manager Sophie Jo Wasson and Country Manager María Inés Menvielle explore what is known so far, the potential mobility benefits of Argentine citizenship and what prospective applicants should consider as implementation develops.

Learn more

Media mentions

Conexão Ásia: Além da China, profissionais das Filipinas, Índia, Japão e Bangladesh se destacam na imigração laboral asiática para o Brasil

Managing Director Diogo Kloper examines how immigration trends reveal the diverse economic ties between Brazil and Asia and the role of international mobility in supporting business growth.

Learn more

Media mentions

AILA Law Journal: Administrative Proxies in Immigration Adjudication

Partner David Grunblatt examines how USCIS uses administrative proxies in immigration adjudication and explains why these tools must support, rather than replace, statutory standards and individualized legal analysis.

Learn more

Blog post

International Talent in the Netherlands: Building a Talent Pipeline Without Losing Sight of Compliance

Manager Cherida Hooijer and Immigration Assistant Manager Kaatje Droesbeke examine how employers in the Netherlands can build an international student-to-graduate talent pipeline while managing the immigration and employment compliance requirements that apply at each stage.

Learn more

Video

Moving to Costa Rica? Visa and Residency Options Explained

Senior Immigration Program Manager Ana Carro explains Costa Rica's immigration pathways for digital nomads, retirees, individuals with stable income and investors, highlighting key eligibility requirements and considerations for choosing the appropriate option.

Learn more

Media mentions

Business Insider: The Winners and Losers of the New H-1B Era

Partner Catherine Macris discusses how evolving H-1B policies are shaping employers’ ability to recruit foreign talent, particularly in highly specialized fields.

Learn more

Awards

Fragomen Professionals and Employee Network Shortlisted for 2027 TLC Lions Human Awards Europe

Two Fragomen professionals and our BeYou@Fragomen employee network have been shortlisted for the 2027 TLC Lions Human Awards Europe, recognising their contributions to inclusive leadership and a people-centred workplace culture.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
October 23, 2026 | United StatesBioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach
October 26, 2026 | PolandDziennik Gazeta Prawna: Nielegalne zatrudnienie cudzoziemca? Pracodawca może stracić więcej niż pieniądze
October 26, 2026 | United StatesUnited States: Rule Proposing PERM Changes Clears Federal Review
October 26, 2026 | VietnamVietnam: Implementation of the Apostille Convention
October 26, 2026 | 🌐Worldwide: Temporary Ebola-Related Entry Restrictions Introduced
October 23, 2026 | United StatesBioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach
October 26, 2026 | PolandDziennik Gazeta Prawna: Nielegalne zatrudnienie cudzoziemca? Pracodawca może stracić więcej niż pieniądze
October 26, 2026 | United StatesUnited States: Rule Proposing PERM Changes Clears Federal Review
October 26, 2026 | VietnamVietnam: Implementation of the Apostille Convention
October 26, 2026 | 🌐Worldwide: Temporary Ebola-Related Entry Restrictions Introduced
October 23, 2026 | United StatesBioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.