Indian nationals waiting for employment-based green cards could face broader scrutiny from Sept 18, when new US Citizenship and Immigration Services (USCIS) guidance on ‘public charge’ takes effect.A public charge determination can result in a green card application being denied if USCIS finds that an applicant is likely to become dependent on government assistance. The change is particularly relevant to those who have spent years in the employment-based green card backlog and are preparing to file Form I-485 for adjustment of status to permanent residence (aka green card).The new guidance changes how USCIS officers will assess whether an applicant is likely to become a public charge. Officers will consider the totality of an applicant’s circumstances, including age, health, family status, assets and financial resources, education and skills, as well as other relevant factors. USCIS may also seek evidence of prospective employment, including job offers and expected salary or wages.According to USCIS, “The updated guidance aligns with Congressional intent that aliens in the US be self-sufficient and not dependent on taxpayer-funded government benefits.”Abhinav Tripathi, immigration attorney at Protego Law Group, said the greatest impact would be on employment-based applicants filing I-485 after years in the green card backlog. Routine H-1B petitions, including extensions, amendments and changes of employer, as well as H-4 extensions and changes of status, are not subject to the public charge ground.The spurt of layoffs has led to discussions among the Indian diaspora. “A layoff by itself does not render an individual to be a public charge, but USCIS officers are likely to examine the applicant’s previous employment and wages, education and skills, the prospects of finding another job, household income and assets,” states an immigration expert attached to a MNC.The guidance also expands the range of benefits USCIS can consider in determining whether a person is likely to become a public charge. Under the Biden-era framework, non-cash benefits such as SNAP (food stamps), housing assistance, Children’s Health Insurance Program (CHIP) and regular Medicaid were excluded from the public-charge assessment. For benefits received on or after Sept 18, 2026, officers may consider a broader range of means-tested benefits, including food stamps, rental assistance and Medicaid/CHIP, as part of the applicant’s overall circumstances.However, receipt of a benefit alone does not automatically make an applicant inadmissible. USCIS will make a case-by-case determination based on the totality of the circumstances.“The new rule and accompanying guidance will impact mainly elderly parents, especially those who have health issues, who are being sponsored if their sponsors are also unable to satisfy the new criteria. The new public charge rule and policy is another obstacle that the Trump administration has imposed to restrict legal immigration to the US,” said Cyrus D. Mehta, a New York based immigration attorney.USCIS states that if an officer finds an applicant inadmissible solely on public-charge grounds, the officer may invite the applicant to post a public-charge bond. The bond, submitted as a cash or surety bond, serves as a financial guarantee that the applicant will not become a public charge. The amount will be based on the government assistance the applicant may be eligible for and potentially receive over the next five years. If the applicant complies with the bond requirements, the adjustment of status application may be approved.
