Public Change Rule
Published on January 15, 2026 · 2 min read
What is the public charge rule?
The public charge rule is a standard used by U.S. immigration authorities to determine whether a person applying for a Green Card or certain visas is likely to depend on government assistance for long-term support. If someone is found likely to become a “public charge,” their immigration application may be denied. The rule is meant to ensure that immigrants entering the United States can support themselves financially.
Key elements of the public charge rule
- Definition: A “public charge” refers to someone who is primarily dependent on the government for financial support, such as through long-term cash assistance or institutional care at the government’s expense.
- Who it applies to: The rule mainly affects people applying for permanent residency (a Green Card) or certain temporary visas. Refugees, asylees, and some humanitarian applicants are exempt.
- Programs considered: Only specific public benefits are reviewed, such as Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), or long-term institutional care paid for by the government. Short-term benefits, such as Medicaid for emergencies or nutrition assistance for children, are generally not considered.
- Factors reviewed: Immigration officers evaluate factors including the applicant’s age, health, income, education, job history, and whether they have an affidavit of support from a sponsor who can help financially.
- Changes over time: The public charge rule has changed under different administrations. Current policy focuses primarily on long-term cash benefits rather than short-term or supplemental aid.
Why the public charge rule matters
Understanding the public charge rule is important for anyone applying for a green card or visa that requires a financial review. It helps determine whether an applicant is likely to become dependent on government assistance. Because the rule is complex and subject to change with new regulations, working with an immigration attorney can be beneficial for clarity and to ensure that applications are complete and accurate.
