United States | DHS final rule rescinds 2022 public charge regulation effective Sept. 18

Today, the Department of Homeland Security published a final rule in the Federal Register rescinding the 2022 public charge regulation. According to the accompanying U.S. Citizenship and Immigration Services announcement, the rule will take effect on Sept. 18, 2026.

Key takeaways:

2022 public charge regulation rescinded. As proposed, DHS removed from its regulations certain provisions related to the public charge ground of inadmissibility.

Expanded discretionary review. Rescission of these provisions “restores broader discretion for DHS officers” to evaluate whether applicants are likely to become a public charge. Beginning Sept. 18, 2026, officers will apply a broader “totality of the circumstances” analysis and may consider a wider range of public benefits and personal factors.

Updated Form I-485 required for submission. USCIS will publish a revised Form I-485. Applications postmarked or filed on or after Sept. 18, 2026, must use the updated version.

Prospective application of new rule. Public benefits received before the effective date will be assessed under prior standards, while benefit requests received on or after Sept. 18, 2026, may be considered under the expanded framework.

Additional information: DHS proposed to eliminate the “2022 public charge ground of inadmissibility regulations” in November 2025, concluding that it unduly limited officer discretion and conflicted with statutory intent emphasizing immigrant self-sufficiency. BAL will continue to monitor related DHS and USCIS guidance and provide updates.

This alert has been provided by the BAL U.S. Practice Group.

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