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US tightens 'public charge' rules for green card applicants from September

New regulations set to take effect September 18 will make it harder for prospective US immigrants to obtain permanent residency, with implications for Indian nationals who comprise a significant portion of green card recipients.

LSN India · 20 August 2026

US tightens 'public charge' rules for green card applicants from September

The United States will implement stricter standards for evaluating whether prospective immigrants may become a public charge, a legal term referring to individuals likely to depend on government assistance. The revised rules, effective from September 18, expand the categories of benefits considered in the assessment and lower the income thresholds that could trigger denial of permanent residency status.

Indian citizens represent a notable segment of US green card recipients, accounting for approximately 7 percent of the 1.2 million green cards issued in 2023. The tightened criteria are expected to disproportionately affect applicants from South Asia and other regions where family-based immigration predominates, particularly those with lower income levels relative to US standards.

Under the new regulations, immigration officials will have greater discretion in determining whether applicants are likely to depend on public benefits such as housing assistance, food stamps, and Medicaid. The changes also consider age, health status, and family size more stringently in the evaluation process.

Immigration advocates have expressed concern that the revised standards may discourage applications from skilled workers and family members who could otherwise contribute meaningfully to American society. Legal experts recommend that prospective applicants ensure robust financial documentation and sponsorship arrangements before submitting applications, particularly those with household incomes near or below the revised thresholds.