DHS Rescinds 2022 Public Charge Rule

The Department of Homeland Security (DHS) has rescinded the 2022 public charge rule and, for applications filed on or after September 18, 2026, will apply a broader, discretionary standard when making public charge determinations. No new guidance for public charge assessment has been issued; instead, officers will evaluate the totality of the circumstances without the limitations the Biden-era rule imposed.

Who is Impacted?

Applicants for admission to the United States are subject to the public charge ground of inadmissibility under Section 212(a)(4) of the Immigration and Nationality Act (INA) unless specifically exempted. The public charge ground of inadmissibility requires adjudicating officers to determine whether an applicant is likely to become primarily dependent on the U.S. government for subsistence. It is most relevant in family-based immigrant visas and some employment-based cases where an affidavit of support is required. Under the current regulations, the applicant is