The USCIS website states that the new guidance replaced the 2022 framework, including the 1999 Interim Field Guidance. (File Photo)The US Citizenship and Immigration Services (USCIS) has issued new guidance on how immigration officers will determine whether certain applicants for lawful permanent residence are likely to become a “public charge”, as the Trump administration replaces the Biden-era framework with a broader case-by-case assessment.The new rule finalised by USCIS comes into effect on September 18 and adheres to congressional intent that foreigners in the United States “be self-sufficient and not dependent on taxpayer-funded government benefits.”The change could affect Indian nationals applying for US permanent residency through categories subject to the public-charge ground of inadmissibility.What changes after September 18?The development follows the Department of Homeland Security’s rescission of the 2022 public-charge regulations. USCIS has now issued policy guidance implementing the new framework, which takes effect on September 18.Also Read | US bill targets H-1B visa, OPT visa, green card pathway — major impact for Indian tech workers and studentsNo single factor, other than the lack of a sufficient required Affidavit of Support, can by itself determine that an applicant is likely to become a public charge.USCIS specifically states that starting September 18:Receipt of any means-tested public benefit such as cash assistance for income maintenance, housing assistance, food stamps, financial aid for college, or any other similar benefit may be considered in a public charge determination.Applications for, approval for, or certification to receive means-tested benefits may also be considered public charge.Story continues below this adWho is subject to Public Charge?USCIS said in its latest update that any applicant who is seeking adjustment of status to a lawful permanent resident is subject to the public charge ground until they are applying for an immigration category that remains exempt.Family-based immigrants that are subject to public charge:Spouses, children, and parents of US citizensUnmarried sons and daughters of US citizens and their childrenSpouses, children, and unmarried sons and daughters of LPRsMarried sons and daughters of US citizens and their spouses and childrenBrothers and sisters of US citizensFiancé(e)s of US citizensWidows or widowers of US citizensEmployment-based immigrants that are subject to public charge:Priority workersProfessionals with advanced degrees or aliens of exceptional abilitySkilled workers, professionals, and other workersCertain employees or former employees of the US government abroadPanama Canal Zone employeesForeign medical school graduatesRetired employees of international organizationsInternational broadcastersDiversity visa immigrantsWho is exempt from Public Charge?Asylees and refugeesAmerasian immigrants at admissionSpecial immigrant juvenilesApplicants for registryApplicants seeking Temporary Protected StatusVictims of human trafficking (T nonimmigrants)Victims of qualifying criminal activity (U nonimmigrants)American Indians born in Canada who are not US citizensFive factors determining Public ChargeUSCIS officers will consider five statutory factors when making public charge inadmissibility determinations.AgeHealthFamily StatusAssets, resources, and financial statusEducation and skillsThe Express Global Desk at indianexpress.com which delivers authoritative, verified, and context-driven coverage of key international developments shaping global politics, policy, and migration trends. The desk focuses on stories with direct relevance for Indian and global audiences, combining breaking news with in-depth explainers and analysis. A major focus area of the desk is US immigration and visa policy, including developments related to student visas, work permits, permanent residency pathways, executive actions, and court rulings. The Global Desk also closely tracks Canada’s immigration, visa, and study policies, covering changes to study permits, post-study work options, permanent residence programmes, and regulatory updates affecting migrants and international students. All reporting from the Global Desk adheres to The Indian Express’ editorial standards, relying on official data, government notifications, court documents, and on-record sources. The desk prioritises clarity, accuracy, and accountability, ensuring readers can navigate complex global systems with confidence. Core Team The Express Global Desk is led by a team of experienced journalists and editors with deep expertise in international affairs and migration policy: Aniruddha Dhar – Senior Assistant Editor with extensive experience in global affairs, international politics, and editorial leadership. Nischai Vats – Deputy Copy Editor specialising in US politics, US visa and immigration policy, and policy-driven international coverage. Mashkoora Khan – Sub-editor focusing on global developments, with a strong emphasis on Canada visa, immigration, and study-related policy coverage. ... Read MoreStay updated with the latest - Click here to follow us on Instagram