US To Scrap Biden-Era Green Card Rule From September 18: What Changes For Indian Applicants

3 min learnNew DelhiUp to date: Aug 21, 2026 05:01 AM IST

The US Citizenship and Immigration Companies (USCIS) has issued new steering on how immigration officers will decide whether or not sure candidates for lawful everlasting residence are prone to change into a “public cost”, because the Trump administration replaces the Biden-era framework with a broader case-by-case evaluation.

The brand new rule finalised by USCIS comes into impact on September 18 and adheres to congressional intent that foreigners in the USA “be self-sufficient and never depending on taxpayer-funded authorities advantages.”

The change may have an effect on Indian nationals applying for US permanent residency by means of classes topic to the public-charge floor of inadmissibility.

What adjustments after September 18?

The event follows the Division of Homeland Safety’s rescission of the 2022 public-charge laws. USCIS has now issued coverage steering implementing the brand new framework, which takes impact on September 18.

No single issue, apart from the dearth of a enough required Affidavit of Help, can by itself decide that an applicant is prone to change into a public cost.

USCIS particularly states that beginning September 18:

Receipt of any means-tested public profit resembling money help for revenue upkeep, housing help, meals stamps, monetary assist for school, or every other comparable profit could also be thought-about in a public cost dedication.

Purposes for, approval for, or certification to obtain means-tested advantages might also be thought-about public cost.

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Who’s topic to Public Cost?

USCIS mentioned in its newest replace that any applicant who’s in search of adjustment of standing to a lawful everlasting resident is topic to the general public cost floor till they’re making use of for an immigration class that is still exempt.

Household-based immigrants which can be topic to public cost:

Spouses, youngsters, and oldsters of US residents
Single little kids of US residents and their youngsters
Spouses, youngsters, and single little kids of LPRs
Married little kids of US residents and their spouses and youngsters
Brothers and sisters of US residents
Fiancé(e)s of US residents
Widows or widowers of US residents

Employment-based immigrants which can be topic to public cost:

Precedence employees
Professionals with superior levels or aliens of remarkable means
Expert employees, professionals, and different employees
Sure workers or former workers of the US authorities overseas
Panama Canal Zone workers
Overseas medical faculty graduates
Retired workers of worldwide organizations
Worldwide broadcasters
Variety visa immigrants

Who’s exempt from Public Cost?

Asylees and refugees
Amerasian immigrants at admission
Particular immigrant juveniles
Candidates for registry
Candidates in search of Non permanent Protected Standing
Victims of human trafficking (T nonimmigrants)
Victims of qualifying prison exercise (U nonimmigrants)
American Indians born in Canada who will not be US residents

5 components figuring out Public Cost

USCIS officers will take into account 5 statutory components when making public cost inadmissibility determinations.

Age
Well being
Household Standing
Property, sources, and monetary standing
Schooling and abilities

Nischai Vats is a Deputy Copy Editor at The Indian Categorical. His work primarily covers US politics and visa and immigration coverage, alongside broader worldwide developments, with an emphasis on accuracy, verification, and clear explainers.

Expertise

Nischai joined The Indian Categorical in Could 2024 the place he works on writing, modifying, and refining high-impact tales for digital platforms. His function includes guaranteeing editorial consistency, factual accuracy, and readability in protection of complicated policy-driven topics.

Earlier in his profession, he labored throughout Indian digital newsrooms in reporting and modifying roles, together with stints at Inshorts, Newslaundry, Tiranga TV, and Catch Information. His newsroom expertise spans fast digital publishing, floor reporting, and replica modifying throughout nationwide, civic, and coverage beats.

Experience

His core areas of focus embody:

US politics and governance: Protection of American political developments, government actions, and coverage shifts.
US visa and immigration coverage: Reporting and modifying tales on visa classes, regulatory adjustments, and immigration pathways affecting international audiences.
Editorial accuracy and replica modifying: Guaranteeing readability, language precision, and verification in fast-paced digital information environments.

Authoritativeness and trustworthiness

Nischai’s journalism is grounded in verified sources, official documentation, and clear attribution, in step with The Indian Categorical’ editorial requirements. His background throughout reporting and modifying permits him to translate complicated coverage updates into dependable, reader-friendly protection. … Read More