Public Charge Is Changing Again: The New Bond Pilot and the September 18th Rule

The federal government has announced two related but distinct changes to the public charge ground of inadmissibility. First, the U.S. Department of State has begun using public charge bonds in select immigrant visa cases. Second, a new Department of Homeland Security (DHS) rule will change how certain public charge determinations are made beginning September 18, 2026.

These developments may affect immigrant visa applicants, adjustment-of-status applicants, family sponsors, and employers supporting employment-based permanent residence cases.

What Is the Public Charge Ground of Inadmissibility?

Certain applicants may be denied admission to the United States or permanent residence if the government determines that they are likely to become a public charge in the future.

This is generally a forward-looking assessment based on the applicant’s overall circumstances. Depending on the case, the government may consider factors such as age, health, family status, income, assets, education, employment history, skills, and any required affidavit of support.

One unfavorable factor does not necessarily result in a denial. Officers are expected to evaluate the totality of the circumstances.

What Is the New Public Charge Bond Pilot?

On August 5, 2026, the State Department announced that it had begun using a pilot procedure involving public charge bonds for select immigrant visa applicants.

Under the pilot, a consular officer may first determine that an applicant is inadmissible under the public charge ground. The applicant may attempt to overcome that determination by submitting additional evidence. In selected cases, the consular officer may also direct the applicant to apply for a public charge bond through U.S. Citizenship and Immigration Services.

If USCIS approves the bond, the consular officer may issue the immigrant visa, provided the applicant is otherwise eligible.

A public charge bond is not simply an additional filing fee. It is a financial agreement intended to ensure compliance with the conditions established by the government. The bond amount will be determined based on the individual circumstances of the case.

The bond does not:

• Guarantee approval of the immigrant visa;
• Resolve other grounds of inadmissibility;
• Replace a required affidavit of support; or
• Eliminate the need for evidence concerning the applicant’s finances and overall circumstances.

Applicants should not submit a public charge bond on their own. The State Department has indicated that a consular officer will notify an applicant when a bond may be available. USCIS does not accept unsolicited public charge bond submissions.

What Changes on September 18th?

The bond pilot applies to immigrant visa processing through U.S. embassies and consulates. A separate DHS rule will affect public charge determinations made by DHS, including certain adjustment-of-status applications filed within the United States.

Beginning September 18, 2026, DHS will replace the public charge framework established in 2022 with a broader, more discretionary analysis.

The new rule generally applies to:

• Applications for admission made on or after September 18, 2026; and
• Adjustment-of-status applications postmarked or electronically submitted on or after September 18, 2026.

Adjustment applications properly filed and accepted before September 18th will generally continue to be reviewed under the prior framework. As a result, filing dates will be important.

How Will Public Benefits Be Considered?

Under the new rule, DHS may consider an applicant’s application for, approval to receive, or receipt of means-tested public benefits on or after September 18th.

A means-tested benefit is generally a government-funded benefit for which eligibility depends on income, resources, or financial need. Earned benefits, such as Social Security retirement benefits, unemployment insurance, government pensions, and veterans’ benefits, are not generally treated as means-tested benefits under the rule.

Receiving a means-tested benefit will not automatically make an applicant inadmissible. Officers may consider the type of benefit, the amount and duration of assistance, why it was received, how recently it was received, whether the circumstances are likely to continue, and the applicant’s prospects for future self-sufficiency.

The analysis generally focuses on benefits received by the applicant, rather than benefits received by family members.

What Should Applicants and Sponsors Do?

Individuals who may be affected should consider the following steps:

1. Identify the applicable process. Determine whether the case involves immigrant visa processing abroad or adjustment of status within the United States.
2. Review filing timing. Applicants considering an adjustment filing near September 18th should confirm that the application is complete and properly filed.
3. Gather financial evidence. Relevant documentation may include employment records, income, assets, health insurance, education, professional qualifications, and household support.
4. Review benefit history carefully. Applicants should determine which benefits they personally applied for or received, and the dates involved.
5. Do not discontinue benefits without individualized advice. Public charge consequences depend on the applicant’s immigration category, the particular benefit, the date of receipt, and the applicant’s full circumstances.
6. Do not submit a bond unless instructed. A public charge bond should be filed only after the government specifically directs or invites the applicant to do so.

The State Department’s pilot may provide an additional option for some immigrant visa applicants facing a public charge determination, but bonds will not be available automatically or in every case.

The September 18th rule represents a broader change to how DHS evaluates public charge concerns in certain admission and adjustment cases. Applicants and sponsors should carefully review filing dates, financial documentation, benefit history, and the requirements applicable to their specific immigration category.

This article is for general informational purposes only and does not constitute legal advice. Immigration law is fact-specific, and readers should consult qualified immigration counsel regarding their individual circumstances.

Alycia Moss is a Director and chairs Fennemore’s Immigration practice group. Her national practice focuses guiding businesses, families, and individuals through the complexities of U.S. immigration law. Alycia is based in Fennemore’s Coeur d’Alene, Idaho office. You can contact Alycia at amoss@fennemorelaw.com.

Catherine Renshaw is an immigration attorney, with experience representing clients in matters before U.S. Citizenship and Immigration Services, Immigration Court, Immigration and Customs Enforcement, and the federal courts. Catherine is based in Fennemore’s Boise, Idaho office. You can contact Catherine at crenshaw@fennemorelaw.com.

Find more information about Fennemore’s Immigration services here.