US to Introduce Stricter Green Card Assessments From September 2026

The United States will introduce stricter checks for green card applicants from 18 September 2026 under a new Department of Homeland Security (DHS) rule that gives immigration officers wider authority to refuse permanent residency on public charge grounds.

The final rule, announced on 16 July, removes the Biden administration's 2022 framework and restores a broader interpretation of the "public charge" provision in the Immigration and Nationality Act (INA). Under the new policy, officers will have greater discretion to decide whether an applicant is likely to depend on public assistance.

Applicants for permanent residency will face more detailed financial assessments. Immigration officers will be able to consider a wider range of taxpayer-funded benefits, including Medicaid, food stamps and housing assistance, when deciding whether an applicant could become a public charge. The rule applies to both immigrants and certain non-immigrants, although Congress has exempted some categories.

The Biden administration's 2022 regulation limited the types of public benefits that officers could consider during these assessments. DHS says those restrictions reduced officers' ability to apply the law as intended by Congress, which places financial self-sufficiency at the centre of immigration policy. The department says the new rule restores the requirement to assess the totality of each applicant's circumstances.

The changes will also affect the application process. Applicants must submit a revised Form I-485, and earlier versions filed after the rule takes effect will be rejected. Most family-based immigrants and some employment-based applicants must also provide Form I-864, an affidavit of support showing that they have adequate financial backing and are unlikely to rely on public assistance.

When assessing applications, officers will consider factors including age, health, family status, financial resources, education and skills. Each application will continue to be decided on its individual circumstances.

The rule follows another recent policy change. Earlier this year, a USCIS memorandum directed many applicants to complete consular processing outside the United States instead of applying for adjustment of status within the country, except in extraordinary circumstances. Together, the two measures introduce stricter requirements for applicants seeking lawful permanent residency.