US Green Card rules change from September 18, 2026, as USCIS prepares to implement updated guidance on the “public charge” test.
The change is important for people applying for permanent residence through adjustment of status, including some Indian workers seeking a Green Card.
The updated guidance will apply to certain Form I-485 applications that are postmarked or submitted electronically on or after September 18. This makes the application filing date particularly important for affected applicants.
US Green Card rules change from September 18
Under the public charge test, immigration officials assess whether an applicant is likely to become primarily dependent on certain government assistance.
The updated approach gives officers a broader set of factors to consider while reviewing an application.
USCIS can consider an applicant’s age, health, family circumstances, financial resources, education and skills, along with other relevant factors.
Officials can also review information about certain public benefits when making the overall assessment.
However, receiving a government benefit does not automatically mean that a Green Card application will be rejected. USCIS is expected to consider the applicant’s overall circumstances before reaching a decision.
What Indian workers should know
The change is particularly relevant to Indian nationals in the US who are pursuing permanent residency.
Indian applicants already face long waits in several employment-based Green Card categories, making any change in the approval process important for those planning their applications.
The new guidance does not mean that every Indian worker using a government benefit will lose Green Card eligibility. Instead, the benefit information can become one part of the wider public charge assessment for applicants to whom the rule applies.
US Green Card rules change from September 18 also come after the Department of Homeland Security issued a final rule replacing the 2022 public charge regulations.
The final rule was issued in July 2026, with the updated guidance scheduled to take effect 60 days after publication.
Which applications are affected?
The updated guidance concerns certain applicants seeking lawful permanent residence through adjustment of status and who are subject to the public charge ground of inadmissibility.
Applicants whose immigration categories are exempt from the public charge rules are not affected in the same way.
The Form I-485 filing date will therefore matter for people preparing an application around the September 18 implementation date.
Applications covered by the rule and filed on or after that date will be assessed under the updated guidance.
Why the new rule matters
The biggest change is the broader assessment of an applicant’s circumstances rather than an automatic decision based only on whether a person has received a particular benefit.
USCIS officers will review the available evidence and consider the applicant’s circumstances as a whole.
For Indian workers planning to apply for permanent residence, checking the applicable rules and understanding how the public charge assessment works will be important before submitting Form I-485.
