USCIS Public Charge Bond 2026: New Guidance for Green Card Adjustment Applications After Sept. 18

USCIS has released updated guidance on the Public Charge ground of inadmissibility, specifically targeting adjustment of status applications submitted on or after September 18, 2026. The updated guidance, published by Jackson Lewis via the Global Immigration Blog, signals a shift in how officers will assess whether applicants are likely to become dependent on government assistance. Under the Public Charge rule, USCIS evaluates a totality of circumstances, including an applicant's age, health, family status, assets, resources, financial status, and education or skills. The September 18 update may introduce revised standards for what constitutes a sufficient Affidavit of Support (Form I-864) or whether a Public Charge Bond may be required in borderline cases. For EB-3 applicants — including skilled workers, professionals, and unskilled workers — this update is particularly significant. Employment-based applicants are generally exempt from the Public Charge ground, but those adjusting status who also rely on certain public benefits may still face scrutiny under the updated framework. Applicants and petitioners who filed adjustment applications before September 18, 2026 should not be affected by the new guidance, as it applies prospectively. However, those with pending or upcoming filings should review the updated USCIS policy manual with an immigration attorney to assess any potential impact. Immigration practitioners recommend proactively gathering evidence of financial stability and employment to preempt Public Charge concerns, especially as enforcement scrutiny has increased in 2026.