USCIS Rescinds 2022 Public Charge Rule: $100,000 Green Card Bond Requirement Impact on EB-3

On July 16, 2026, USCIS announced the formal rescission of its 2022 Public Charge regulation, marking a significant policy reversal in how immigration authorities evaluate whether applicants are likely to become primarily dependent on government assistance. The 2022 rule had updated the standards and definitions used in public charge inadmissibility determinations for green card applicants. The rescission means USCIS will no longer apply the regulatory framework established in 2022, which had defined specific public benefits considered in the public charge assessment. Applicants for adjustment of status — including EB-3 employment-based green card seekers — will be evaluated under the previously applicable standards, which may involve different thresholds and benefit categories. For EB-3 applicants currently in the pipeline or preparing to file Form I-485 (Application to Register Permanent Residence), this change is particularly important. The public charge determination is a mandatory part of the green card process, and understanding which benefits may or may not be counted against an applicant is critical for case strategy. Applicants who previously received public benefits should consult with an immigration attorney to reassess their admissibility under the revised standards. This regulatory shift reflects broader administrative changes in immigration enforcement priorities in 2026. Immigration attorneys are advising clients to document their financial self-sufficiency carefully and to review any prior public benefit usage in light of the new applicable standards. Sponsors filing Form I-864 (Affidavit of Support) should also verify that their income documentation meets current requirements. EB-3 petitioners and their employers are encouraged to monitor USCIS policy guidance for further clarification on how adjudicators will apply public charge standards during this transitional period. USCIS is expected to release updated policy manual guidance to accompany the rescission.