New public charge rules: USCIS has more discretion when evaluating applicants
The DHS public charge rule took effect on September 18, 2026. It applies to Form I-485 applications submitted by mail or online on or after that date, unless your category is exempt from the public charge test, such as refugees, asylees, U/T visa applicants, and others.
USCIS officers now have more discretion. In addition to the five statutory factors, age, health, family status, financial resources, and education and skills, they may consider any other relevant circumstance. The key change concerns public benefits, and the date you received them matters:
- Before September 18, 2026: only cash assistance for income maintenance and government-funded institutionalization count.
- After September 18, 2026: any means-tested public benefits may count, including housing assistance, SNAP (food benefits), financial assistance for education, and other benefits.
Officers make their determination based on the totality of the circumstances. If public charge is the only basis for a potential denial, the officer may offer the applicant an opportunity to post a bond using Form I-945 in the notice of intent to deny.
Old form I-485 no longer accepted: No grace period
Along with the new public charge rules, USCIS has also updated the green card application, Form I-485. The current version, dated September 18, 2026, has already been published on the agency’s official website.
The main risk for applicants is the complete lack of a transition period. USCIS is not following the usual practice of accepting older forms for another couple of months. Any application submitted by mail or online on September 18 or later using the previous version of Form I-485, dated January 20, 2025, will be rejected and returned without being processed.
If you prepared your application package in advance, make sure everything complies with the new form when you file. Even a formal error on the form can result in your documents being returned, costing you valuable time and potentially causing you to miss important deadlines.
New H-1B checks: Authorities will consider employer layoffs
A new presidential proclamation directs the Department of Labor, DHS, and the Department of State to work together more closely and scrutinize companies that hire foreign professionals through the H-1B program. A key focus is the employer’s history of layoffs.
The law does not expressly prohibit a company from sponsoring a work visa after reducing its workforce, so officials cannot automatically deny an application on that basis. However, the proclamation gives agencies the authority to conduct additional indirect checks. The Department of Labor has already begun reviewing previously filed Labor Condition Applications (LCAs), with particular attention to low wages, work at client sites, and high-volume filings.
In practice, employers can expect additional document requests and unannounced inspections. A comprehensive review of immigration paperwork and potential risks related to workforce reductions is now an important step for any business that employs H-1B workers.
Takeaway
On September 18, the new public charge rule and the new Form I-485 took effect at the same time, while the White House also increased scrutiny of H-1B employers. An error that previously went unnoticed can now lead to a rejected application package or a more extensive review. Reviewing your case before filing is always less costly than dealing with the consequences later.
Shamayev Business Law offers a Free evaluation of your immigration case. Submit a request today, and within 2 business days you will receive a clear assessment of your options and potential risks. Do not wait for the rules to change again.
This publication is provided for informational purposes only and does not constitute legal advice. It summarizes publicly available information as of September 24, 2026, which may not reflect subsequent changes. Reading this publication or contacting the firm through this website does not create an attorney-client relationship.
