Public Charge Information and Resources

2026 Public Charge Regulation 

Updated August 19, 2026

On July 16, 2026, the Department of Homeland Security (DHS) published a final public charge rule, effective September 18, 2026. According to Protecting Immigrant Families (PIF) and the National Immigration Law Center (NILC), the public charge inadmissibility test applies when a person applies for a green card or for a visa and many are exempt from public charge due to laws that cannot be changed by regulations. 

“Neither the final rule nor the published guidance includes a comprehensive list of specific programs that can – or cannot – be considered in determining whether a noncitizen is likely to become a public charge. This removes the clarity that had been provided by the previous rule, which was consistent with decades of agency practice and policy.” (Public Charge: What Advocates Need to Know, PIF/NILC)

The “public charge” inadmissibility test has been part of federal immigration law for over 140 years. It is designed to identify people who may depend on the government as their main source of support in the future. If an immigration or consular official determines that someone is likely to become a “public charge,” the government can deny that person’s application for admission to the United States or an application for lawful permanent resident status (also called a “green card”).

(Public Charge: What Advocates Need to Know, PIF/NILC)

The “public charge inadmissibility test” affects some people applying for admission to the country or for LPR status. It does not apply to humanitarian immigrants including refugees; asylees; survivors of domestic violence, trafficking and other serious crimes; special immigrant juveniles; and certain individuals paroled into the U.S. While the final rule removes the regulatory list of exempt categories, most of these categories are exempt by statute[1], and this cannot be changed by regulation. A list of exempt categories is included in the August 18, 2026 guidance. See NILC’s explainer on Who is Subject to Public Charge.  

Public Charge Resources