Green Card $100,000 Deposit New Rule 2026: USCIS Rescinds Public Charge & H-1B Cap Reached

USCIS announced on July 17, 2026 that it had reached the congressionally mandated 85,000 H-1B cap for fiscal year 2027. The lottery selected 65,000 petitions for applicants with U.S. bachelor's degrees or foreign equivalents, and an additional 20,000 for those holding U.S. master's degrees. Petitions selected in March 2026 were required to be filed between April 1 and June 30, 2026. The next H-1B lottery window is expected in March 2027. In a significant policy shift, USCIS announced plans to rescind the 2022 Public Charge Rule, restoring a broader 'totality of the circumstances' standard for evaluating inadmissibility. Under this framework, consular officers and USCIS examiners may consider an applicant's age, health, family status, education, financial resources, and likelihood of using public benefits. A revised Form I-485 is expected to capture this new information, replacing the previously voided Form I-944. Particularly notable for green card applicants is the discussion of a proposed $100,000 bond requirement for those applying for immigrant visas at U.S. consular posts. This bond would remain in place until the applicant becomes a U.S. citizen. While employment-based immigrants may face a somewhat reduced burden due to employer sponsorship, additional documentation requirements will apply to both family-based and employment-sponsored applicants. For EB-3 applicants specifically, the public charge rescission means that consular processing interviews may now involve more rigorous scrutiny of personal financial circumstances, even when an employer has provided a job offer and support letter. Applicants should work with their attorneys to prepare comprehensive financial documentation and evidence of self-sufficiency. Separately, USCIS announced it will end the 'duration of status' (D/S) notation for F-1 and J-1 visa holders starting September 15, 2026. Students and exchange visitors will receive I-94 records with fixed end dates, programs will be capped at four years, and unlawful presence will accrue automatically upon expiration—triggering three- and ten-year bars from reentry. The F-1 grace period will also be reduced from 60 to 30 days, creating significant compliance pressure for the foreign student community.