USCIS 2026 Alert: New Rule Requires Green Card Applicants to Disclose Public Benefits at Address Change

The U.S. Citizenship and Immigration Services has issued a proposed rule that would require non-citizens who are obligated to report changes of address under INA section 265 to also disclose any means-tested public benefits they have received. The notice, published in the Federal Register, cites the Secretary's statutory authority under INA section 287 as the basis for the new requirement. For EB-3 applicants and green card holders, this proposal carries significant implications. The disclosure of public benefits has historically been tied to the public charge inadmissibility ground, which can affect both initial green card applications and future immigration benefits. Being required to report benefits at the time of an address change creates a new, recurring checkpoint where benefit usage becomes part of the official record. Means-tested public benefits typically include programs such as Medicaid, SNAP (food stamps), SSI, and federally funded housing assistance. EB-3 workers—particularly those in the unskilled or other worker category who may be in lower wage brackets—should carefully assess their benefit usage in light of this proposed rule. The proposal is currently in a public comment period. Immigration attorneys recommend that current green card holders and pending applicants review their benefit history and consult with counsel before the rule is finalized. Submitting comments during the open period is also an option for those who wish to provide input on the rule's scope and implementation. This move aligns with the current administration's broader efforts to tighten public charge enforcement and increase reporting requirements for non-citizens living in the United States.