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Public Charge Rule — what it is and when it matters for immigrants

The Public Charge Rule is a USCIS determination of whether an immigrant is likely to depend on the US government for subsistence. Affects green card and entry applications. Covers the current rule (2022 to present) and which benefit programs are counted and which are not.

Public Charge Rule — what it is and when it matters

The “Public Charge Rule” is USCIS’s determination whether an immigrant is likely to depend on government for subsistence. This rule affects:

Visa or green card applications from abroad or within US
Entry to US as immigrant at ports of entry

Does NOT affect most daily situations like applying for jobs, driving, renting, etc.

Regulatory history

2019-2021: Trump expansive rule (REPEALED)

Trump administration (2019) drastically expanded the rule to consider use of many benefits (SNAP, Medicaid, subsidized housing, etc.) as negative factor for immigration. Caused massive fear and many eligible people gave up needed benefits.

Repealed in March 2021 by Biden administration.

2022-present: Current rule (more limited)

Current rule is much more limited. Under the 2022 rule, USCIS considers only two categories of benefits:

Public cash assistance for income maintenance — Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), and state or local cash welfare (“general assistance”) programs.
Long-term institutionalization at government expense — for example, long-term care in a nursing home or mental health institution paid for by Medicaid.

Programs that are NOT counted under the current rule include SNAP, non-emergency Medicaid, CHIP, subsidized housing (Section 8), WIC, school lunch, and energy assistance (LIHEAP).

Who is subject?

YES applies to:

Immigrants applying for green card from abroad (consular processing)
Immigrants applying for adjustment of status to green card within US (Form I-485)
People applying for non-immigrant visas (B-1/B-2, F-1, H-1B) in some circumstances
Green card renewal — does NOT apply

NO does not apply to:

US citizens
LPRs NOT applying for new visa
Refugees / asylees (statutory exempt)
Trafficking victims / VAWA / U/T visa holders
DACA recipients (does not apply to DACA renewal)
TPS recipients
Children applying for citizenship under Child Citizenship Act

Factors USCIS considers

When someone is subject to public charge, USCIS evaluates “totality of circumstances”:

Positive factors

✅ Age (younger better than very old)
✅ Health (no serious medical conditions)
✅ Education (more studies better)
✅ Skills (trades, languages, certifications)
✅ Income or assets (above 125% federal poverty)
✅ Having sponsor (I-864) signing responsibility
✅ Stable current employment
✅ Private health insurance (most important under current rule)

Negative factors

❌ Past use of cash assistance (SSI, TANF, state cash welfare)
❌ Long-duration institutional care government-funded
❌ Old age with medical issues + no insurance
❌ No work, no income, no sponsor

Programs that are NOT counted under the current rule

Under the current rule (2022 to present), the following programs are not counted in a public charge determination:

SNAP (food stamps)
Medicaid (non-emergency)
CHIP (children’s health insurance)
Subsidized housing (Section 8)
WIC (Special Supplemental Nutrition Program for Women, Infants, and Children)
Free or reduced-price school lunch
Energy assistance (LIHEAP)
COBRA / Marketplace coverage

Receiving these programs — for the applicant or for US-citizen children in the household — does not, under the current rule, count as a negative factor in a public charge determination.

Programs that ARE counted under the current rule

The following benefits are counted under the current rule:

SSI (Supplemental Security Income)
TANF (Temporary Assistance for Needy Families)
State or local general assistance (cash welfare)
Long-term institutionalization at government expense (for example, long-term nursing-home or institutional care paid for by Medicaid)

Past receipt of one of these benefits is one of several factors USCIS weighs in the totality of circumstances; it is not automatically disqualifying. Anyone who has received these benefits and is concerned about how they affect a specific case should consult a licensed immigration attorney.

Future changes — rule may change

Public Charge Rule is politically sensitive and administrations change scope. Current rule (2022) is more limited, but future administration could:

Expand considered programs (as 2019 did)
Change income thresholds
Change who’s exempt

Because the regulatory environment can change, documentation of income, employment, and health insurance can remain relevant even when the current rule does not require it.

Last verified: 2026-05-24. The Public Charge Rule has changed dramatically between administrations. Verify USCIS Public Charge for current state.

Last verified: 2026-05-25.

General procedural information for educational purposes. Not legal, tax, or immigration advice. Laws and fees change — verify with the issuing agency before taking action. For case-specific guidance, consult a licensed immigration attorney or other appropriate professional.

Consulate of your country in the US — passport renewal, consular ID, document apostille
ITIN — file federal taxes without SSN — required regardless of immigration status
USCIS form library — federal immigration forms (I-130, I-485, N-400, etc.)
Find an immigration attorney — pro bono lists + AILA + BIA-recognized
Know Your Rights — ICE encounters — constitutional protections

Frequently asked questions

What is the public charge rule?

Public charge is a test used when someone applies for a green card or admission, asking whether they are likely to become primarily dependent on the government. Under the current (2022) rule, only cash welfare (like TANF or SSI) and long-term government-funded institutional care are counted.

Which benefits count against me under public charge?

Only cash assistance for income maintenance (TANF, SSI, state general assistance) and long-term institutional care at government expense. SNAP, Medicaid (other than long-term care), CHIP, WIC, housing aid, school meals, and disaster relief do NOT count.

Does my US-citizen children's use of SNAP or Medicaid hurt my case?

No. Benefits received by your family members — including US-citizen children — are not counted against you in the public charge test. Only benefits you receive for yourself, of the limited counted types, are considered.

Who is exempt from public charge?

Many categories are exempt, including refugees, asylees, VAWA self-petitioners, U and T visa applicants, TPS holders, and others. Public charge also does not apply to citizens or, generally, to green-card holders renewing their status.

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General information, not legal advice. MigrantUSA is an independent publisher and is not a law firm; using this site does not create an attorney-client relationship, and this content is not a substitute for advice from a licensed attorney about your specific situation. US federal, state, and local government procedures, fees, and forms change. Always verify current details directly with the relevant agency before acting. For immigration, tax, or other legal matters specific to your situation, consult a licensed attorney or BIA-accredited representative.