July, 30, 2026
Effective September 18, 2026, the U.S. Department of Homeland Security (U.S. DHS) has removed federal regulations that have governed public charge determinations since 2022. The 2022 rules provided regulatory standards used by federal immigration officers when deciding if a person can get a visa to enter the United States or receive a green card. Because the regulatory standards will no longer exist, immigration officers will be allowed to consider more types of public benefits when deciding if someone is likely to become a public charge.
Read more here What Is Public Charge?
Immigration officials use the term “public charge" or "public charge test." The public charge test is used to decide whether a person can enter the United States (U.S.) or qualify for U.S. lawful permanent resident status (receive a green card).
Under the 2022 rule, immigration officials would consider a noncitizen a “public charge" if they are likely to rely on the government for things like:
- Cash assistance, such as Temporary Assistance to Needy Families (TANF), Supplemental Security Income (SSI), and other state, Tribal, territorial or local cash assistance programs (often called “General Assistance" programs).
- Long-term care the government pays for people living in institutions, such as nursing homes or mental health facilities.
The public charge test looks at all the person's circumstances, not just one thing.
Noncitizens can safely get public health, nutrition, housing benefits and Medicaid (other than for long-term institutionalization). This includes COVID-19 testing, treatment and vaccines covered by the Oregon Health Plan. These benefits are not part of the public charge test.
For more information, please refer to the resources below and
visit U.S. Citizenship and Immigration Service's (USCIS) Public Charge Resources page.
Disclaimer: This is not legal advice. Individuals concerned about how public benefits might affect their immigration status should ask an immigration attorney for help.
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