From the official announcement by USCIS ↗
U.S. Citizenship and Immigration Services (USCIS) has announced the repeal of the 2022 regulation on "public charge" — the criterion for assessing whether a person is likely to become dependent on government benefits (long-term social assistance) when applying for a visa, entering the country, or adjusting immigration status. According to an announcement by USCIS released on July 16, 2026, the previous regulation issued under the Biden administration has been formally rescinded and replaced with a new review process.
Under the Immigration and Nationality Act, a person may be deemed ineligible for immigration if they are likely to become a public charge at any time during their stay in the United States. The 2022 regulation limited the types of public benefits that immigration officers were permitted to consider when evaluating applications, while also restricting the ability to fully weigh all relevant factors. Under the new rule, USCIS officers may now consider all relevant factors on a case-by-case basis, no longer constrained by the narrow categories of benefits as before.
Immigration officers can now evaluate all relevant factors, no longer restricted by the old narrow list of benefits.
Who Is Affected
This change impacts green card applicants and immigrant families, including those waiting for green card processing, those seeking adjustment of status, and those filing for entry visas — many of whom are Vietnamese-American families with elderly relatives, low income, or receiving certain forms of government assistance. Small business owners sponsoring employees, or those sponsoring parents or children to come to the United States, should also take note, as the scope of financial review of sponsored individuals will be broader than before.
Practical Implications
Essentially, the new rule restores discretion to immigration officers to evaluate more factors — not limited to certain types of benefits as during the Biden administration. Under federal law, age, health, family status, assets/resources/financial situation, education, and job skills are the minimum factors that officers must consider when evaluating applications. This could result in closer scrutiny of applications from people with low income or those who have received public assistance, as DHS has not yet issued specific guidance on which types of benefits will be considered risk factors. Readers should closely monitor detailed implementation guidance as their applications are reviewed in the coming period. You can view USCIS's official announcement at the source link below.
Analysis
The repeal of the 2022 regulation brings the "public charge" policy back to a broader approach — which had been controversial under the first Trump administration for being seen as overly restrictive toward low-income immigrants. The 2022 regulation was created specifically to narrow the scope of review following that wave of opposition. This reversal demonstrates how U.S. immigration policy cycles continue to swing with changes in political power, and regulations deemed "settled" under one administration can be completely overturned when power changes hands — something the immigrant community should prepare for mentally in the long term, rather than relying solely on current regulations.
Diaspora Impact
Those with pending green card, visa, or adjustment of status applications should review their financial records, insurance status, and history of receiving public assistance before submitting applications or attending interviews. There are no new fees or new forms required to submit at this time, but you should prepare more comprehensive documentation demonstrating financial self-sufficiency than was previously required. Updated information and official guidance should be obtained directly from uscis.gov, and avoid using unofficial intermediary services for application preparation or "public charge" consultation.