DHS’s new public charge rule takes effect September 18, 2026, and it will again change how USCIS reviews adjustment of status (I-485) cases, including employment-based green card filings. For employers and beneficiaries, the practical takeaway is that review of I-485 cases is expected to become more discretionary and more fact-specific.
The biggest procedural point is what is not coming back: USCIS is not reviving the old Form I-944. Instead, USCIS is expected to issue a revised Form I-485, along with updated bond-related forms, Form I-945 and Form I-356. The current Form I-485 generally does not require applicants to submit initial public-charge evidence with the adjustment application, although USCIS may later request additional evidence. That is likely to change in practice under the new rule. Draft revisions indicate that USCIS plans to expand the public-charge questions on Form I-485 to ask about receipt of any means-tested public benefit and details about that use, including the reason for it. Final form instructions and policy guidance have not yet been released, so the full scope of supporting information remains unsettled.
This is a significant change from prior versions of the rule. The 2022 framework was narrower and focused on cash assistance for income maintenance and long-term institutional care. The 2019 rule was broader and required the separate Form I-944. The 2026 rule appears to move away from fixed lines and toward a more individualized, discretionary review based on the totality of the circumstances.
Claire Pratt © Jewell Stewart Pratt Beckerson & Carr PC 2026
