Public Charge Rule

The “public charge” rule governs whether an immigrant to the United States may be denied a visa or a green card because they are likely — in the view of authorities — to become dependent on certain government benefits. The rule has been shifting over time, and as of late 2025 it’s particularly important for prospective immigrants to understand how it works — and what might change soon.

What is the Public Charge Rule?

• The public charge ground of inadmissibility comes from U.S. immigration law: under U.S. Citizenship and Immigration Services (USCIS), a foreign national (non-citizen) may be deemed inadmissible — or unable to obtain a green card — if they are “likely at any time to become a public charge.”
• That means immigration officers may judge the likelihood that an applicant will depend on government benefits (public support) in the future.
• The rule applies to people seeking admission, adjustment of status, or nonimmigrants seeking to extend or change their stay.

What Benefits Count — and Which Don’t (Under the 2022/Current Rule)

Under the version adopted in December 2022 — which remains in effect for now — the list of benefits that may count toward a “public charge” decision is narrower than in some prior versions.

Benefits that do count toward public charge

• Cash assistance for income maintenance — for example: Temporary Assistance for Needy Families (TANF), state/local cash assistance, Supplemental Security Income (SSI), etc.
• Long-term institutional care at government expense (e.g. long-term care in a nursing home, if paid by government) qualifies.

Benefits that generally do not count

• Noncash benefits like health care (including most Medicaid), nutrition aid, housing assistance, and similar public programs are generally excluded under the 2022 rule. (
• Use of these programs — for example public benefits for children, school-based services, pregnancy-related Medicaid, or emergency medical care — generally don’t weigh against applicants.

Because of these exclusions, many immigrants and advocates view the 2022 rule as less punitive than earlier versions.

Who the Rule Applies To — And Who Is Exempt

The public charge test does not apply universally. Key exemptions include: refugees, asylum-grantees, many humanitarian visa holders (e.g. U or T visas), applicants under certain special immigrant categories (like juvenile-status or VAWA), and many others.

Also, if someone already has permanent residence (green card), or is a U.S. citizen, public charge generally does not apply.

What’s Changing — 2025: A Proposed Rescission and What It Could Mean

• As of November 2025, the U.S. Department of Homeland Security (DHS) proposed rescinding the existing 2022 rule.
• The proposal suggests replacing the current regulatory framework with broader internal guidance and interpretive tools. That could allow officers more discretion and a wider definition of what counts as likely dependence on government support.
• If enacted, the practical effect could be that more types of benefits and circumstances — including possibly previously excluded ones — might be considered in public charge decisions.

Important: As of now the 2022 rule remains the law. The proposal does not yet change eligibility or application procedures.

What Applicants Should Know (2025)

If you’re applying now or soon for a visa or green card, keep these in mind:

• Use of most non-cash public benefits (health, nutrition, housing) should not by itself trigger public-charge inadmissibility — under the current rule.
• But any receipt of cash benefits for income maintenance or long-term institutional care may count, especially if over a certain threshold/duration.
• The public-charge test is prospective / forward-looking: authorities assess whether you are “likely at any time” to become dependent on public assistance — based on a “totality of circumstances” test (age, health, resources, family situation, work history, etc.).
• Because a proposed rule change is under consideration, there is some uncertainty — especially for future applicants. Consider working with a trusted immigration attorney or advocate if you depend on public assistance.

Tips if You’re Applying / Will Apply Soon

• Keep careful documentation of your income, employment, resources, and any assistance received.
• Understand that using non-cash benefits (like public health, nutrition, housing) — under the current rule — should not negatively affect you.
• If you anticipate needing cash assistance, long-term care, or other benefits that count under public-charge, consult an immigration lawyer to weigh risks before applying.
• Stay alert for updates: if DHS finalizes changes to the rule, what counts (or how decisions are made) could shift.

The public charge rule remains a potentially decisive factor in U.S. immigration applications. As of 2025, the law under the 2022 rule is more limited: only certain cash benefits and long-term care count — while health, housing, and nutrition aid are largely excluded. However, given the new 2025 DHS proposal, the future may bring a broader and more subjective interpretation.

If you’re considering applying, it’s wise to stay updated and — if possible — seek counsel so you understand how public-charge rules may affect you.