U.S. Immigration Update: Department of Homeland Security Proposes to Rescind and Expand the Public-Charge Regulation

U.S. Immigration Update:

By Alena Shautsova, New York Immigration Lawyer
📞 917-885-2261
🌐 www.shautsova.com

In the evolving arena of U.S. immigration policy, one of the most critical developments in 2025 centers on the so-called “public charge” ground of inadmissibility. Earlier this week, Homeland Security (DHS) unveiled a Notice of Proposed Rulemaking (NPRM) that seeks to repeal the current public-charge regulation—effective December 2022—and replace it with a broader, more flexible standard that could apply in more cases and to more benefits.

Below, I explain what this means for prospective immigrants, how it may impact adjustment of status (green-card) filings and certain visa pathways, and what you should do now to prepare.

What is the “public charge” rule?

The public-charge ground is a statutory provision under the Immigration and Nationality Act (“INA”) that allows U.S. immigration authorities to deny a visa or green-card application if an applicant is likely to become “primarily dependent” on the U.S. government for subsistence. Historically it has applied when an immigrant is expected to rely on cash assistance or long-term institutional care.

Under the December 2022 regulation, DHS narrowed the standard: only certain types of public cash assistance and long-term institutionalization were explicitly weighed. That rule provided clearer guardrails for applicants. The new proposal reverses that approach.

What Is the 2025 Proposal and What Is Changing?

Under the latest NPRM (published November 19, 2025), DHS proposes to:

• Rescind the 2022 public-charge regulation to remove its codified criteria.
• Replace it with policy guidance and interpretative tools rather than a tightly written regulation.
• Lower the threshold for finding an applicant likely to become a public charge—i.e., DHS would no longer confine determinations to those “primarily dependent” on cash assistance, but could consider a wider array of factors.
• Expand the types of benefits and support programs that officers can evaluate when making a public-charge determination—potentially including non-cash benefits such as Medicaid, food assistance, housing subsidies, and other means-tested benefits.
• Clarify policies regarding public-charge bonds: if an immigrant posts a bond and later receives qualifying benefits, DHS may treat that as a breach.

DHS states that the 2022 regulation “limits officer discretion” and “does not align with congressional intent.”

Who Is Impacted and What Immigration Pathways Could Be Affected?

Adjustment of status and employment-based green cards

The 2022 rule specifically applied to adjustment of status applicants—a green card inside the U.S.—and did not broadly apply to all visa categories. The new proposal could broaden applicability and subject more categories of applicants to public-charge scrutiny.

Visa applicants and consular processing

Reports indicate that consular posts under the Department of State (DOS) may already have been instructed to tighten public-charge evaluations. Once the DHS regulation is rescinded, visa applicants overseas may face expanded review of benefit usage.

Applicants using public benefits

Individuals (and families) who have used or are using non-cash assistance programs should take note: under the proposed rule, use of any “means-tested public benefit” may be weighed in determinations of future inadmissibility.

What Are the Key Take-Away Changes Applicants Should Know?

• The definition of “public charge” may shift from being narrowly tied to primary dependence on cash benefits, to a more expansive and forward-looking analysis of whether someone could become a public charge based on usage of various public supports.
• Applicants should expect deeper documentation requests: proof of income, health insurance, employment history, benefit-receipt history, ability to support oneself without public assistance may become more prominent in adjudications.
• Timing matters: The NPRM allows for public comment (typically 30 days) after publication; the final rule could take effect soon after comment period closes—but until then the current regulation remains.
• Because the regulation is still in flux, this introduces additional uncertainty for applications currently pending and for those preparing new filings. Some decisions may be delayed or subject to increased scrutiny.
• Immigrants who have used or are using public benefits should consult an immigration attorney to assess risk and develop mitigation strategies; this is especially important for green-card applicants and visa applicants planning to rely on benefit eligibility.

What Should You Do Right Now?

1. Review your benefit history – If you or your dependents have used any means-tested public benefits (cash, non-cash, housing, food, Medicaid etc.), gather documentation and be prepared to explain use and context.
2. Strengthen your self-sufficiency evidence – Demonstrate employment, savings, health insurance, professional credentials, and other factors that show you will not rely on government assistance.
3. Stay current on regulatory changes – Changes to public-charge policy may roll out quickly once the final rule is published; timing the filing of an immigration petition may become strategic.
4. Consult knowledgeable counsel – Because this proposed rule affects many immigration paths (adjustment of status, employment-based petitions, family-based filings), work with an immigration attorney to ensure your case anticipates the changed environment.
5. Consider alternative strategies – If your specific immigration plan might be affected, examine fallback options (e.g., employer‐sponsored green cards, EB-2 NIW, EB-1) that may be less impacted by public-charge review.

Conclusion

The 2025 NPRM from DHS signals a significant shift in U.S. immigration policy—the move away from a narrowly defined public-charge regulation to a broader examination of benefit usage and future dependence on government. For immigrants seeking a green card or visa, this change matters—and preparation is crucial.

If you are seeking immigration advice—whether you are filing a green-card petition, preparing for adjustment of status, or evaluating your risk given public-charge policy changes—you are welcome to contact me.

📞 917-885-2261
✉️ a.shautsova@shautsova.com
🌐 www.shautsova.com