USCIS Public Charge Bond Requirement 2026: New Rules Hit EB-3 Applicants Sept. 18

USCIS has released updated public charge inadmissibility guidance that takes effect for all Form I-485 adjustment of status applications postmarked or electronically submitted on or after September 18, 2026. The new policy clarifies how officers will evaluate whether an applicant is likely to become a public charge, replacing prior guidance with a more expansive framework. EB-3 applicants — including skilled workers, professionals, and other workers — are explicitly subject to the public charge ground of inadmissibility under this update. USCIS will conduct a prospective evaluation based on the totality of the circumstances, considering five statutory factors: age, health, family status, assets and financial resources, and education and skills. Additional factors such as employment history, use of USCIS fee waivers, and caregiver responsibilities will also be weighed. A critical change for applicants and sponsors is that a properly filed Form I-864 (Affidavit of Support) no longer serves as a standalone finding of admissibility. USCIS officers now have discretion to look beyond the sponsor's submission and assess whether the sponsor will realistically provide financial support. Any use of means-tested public benefits is treated as indicative of a likelihood to become a public charge. If an officer determines an applicant is inadmissible solely on public charge grounds, they may offer the applicant the option to post a public charge bond. The bond amount is set at the officer's discretion based on the estimated government assistance the applicant might receive over the next five years. EB-3 petitioners and applicants with pending or upcoming I-485 filings should review their financial documentation carefully and consult with immigration counsel to ensure their applications reflect a strong financial profile under the new totality-of-circumstances standard.