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The Public Charge Test

  • Some people applying for a U.S. visa or for family/employment based lawful permanent resident status (also known as "LPR" or "green card") may be subject to a public charge test. 
  • The public charge test is used to determine whether an applicant is likely to rely primarily on government support in the future. 
  • This policy does not apply to: 
    • Individuals who are already U.S. citizens 
    • Individuals who already have a green card (unless they leave the United States for more than six months); or  
    • Individuals who are not currently applying for a visa or green card. 

Who is subject to the new public charge final rule?

  • Only a relatively small number of individuals are expected to be subject to the public charge test. For a more in-depth explanation on who is subject to the public charge test, please visit: National Immigration Law Center: Who is Subject to Public Charge? 
  • The broader effect extends beyond those directly affected. It will cause confusion and lack of clarity on what benefits are “safe” and not safe to use. 
  • There is a lack of reassurance that family members’ use of benefits won’t be counted. 
  • A key concern is the chilling effect of these regulations, as some families may forego services they qualify for out of concern that using benefits could affect their immigration status. 

Not ALL immigrants are subject to Public Charge. Here are some examples of Immigrants Exempt from the Public Charge Rule:

  • Violence Against Women Act (“VAWA”) Self-petitioners 
  • Asylees and Refugees 
  • U and T Visa Applicants 
  • Special Immigrant Juveniles 
  • TPS and DACA Applicants 
  • Citizenship Applicants 

Changes to the Public Charge Final Rule

Beginning September 18, 2026, the new guidance for public charge under the Trump administration may affect some individuals applying for a visa or green card.  

Under the new rules: 

  • Immigration officers may consider a wider range of public benefits when making a public charge determination. 
  • Means-tested benefits such as SNAP and WIC may be considered as part of the review. 
  • An immigration officer may consider a dependent family member's use of certain public benefits as part of evaluating an applicant's financial situation. 
  • Immigration officials MUST look at an individual’s overall circumstances, including: 
    • Age 
    • Income and financial resources 
    • Education and skills 
    • Employment history 
    • Health 
    • Affidavit of support 
    • Use of public benefit programs 
  • Officers may also use their discretion to consider other relevant factors not specifically listed. 

This new rule is not retroactive:  

  • Green card applications submitted before 9/18/26 may only consider cash assistance (such as TANF, SSI and General Assistance) and long-term institutionalization paid for by the government.  
  • Green card applications submitted after 9/18/26 may consider cash assistance, long-term institutionalization paid for by the government, and other means-tested benefits used on or after 9/18/26. 

What is a "means-tested" benefit?

Under current public charge guidance, a means-tested benefit is a benefit for which eligibility is based on an individual's income or assets falling below a certain level. A benefit is generally considered public if it is funded or administered by a government agency, including federal, state, local, or tribal programs.  

Some examples of means-tested benefits include: 

  • Cash assistance 
  • Public or assisted housing 
  • Financial aid for postsecondary education  
  • Food assistance 
  • Government funded health coverage 
  • Similar benefits for which payments or assistance are provided to an individual, household, or family eligibility unit  

The current public charge rule does not provide a specific list of benefits that immigration officers may or may not consider when making a public charge determination. Instead, officers evaluate benefits based on applicable guidance and the facts of each case. 

Some government benefits are generally not considered in a public charge determination because they are earned, contributory, or not based on means. Examples include: 

  • Social Security retirement benefits 
  • Social Security Disability Insurance (SSDI) 
  • Medicare 
  • Government pensions 
  • Unemployment insurance 
  • Veterans' benefits 

These benefits are typically available based on a person's work history, contributions, military service, or other qualifying factors, rather than solely on income level.

Questions?

Do you have questions about SNAP and WIC? Please contact D.C. Hunger Solutions at info@dchunger.org. 

  • We can help screen for SNAP and WIC eligibility, explain available options, and assist with SNAP application questions. 
  • We can also connect households to other food resources if they are not eligible for SNAP or prefer not to apply. 
  • All services are confidential and can be completed entirely by phone.  
  • Interpretation services are available to ensure language is never a barrier. 

Note: If you have specific questions about how SNAP or WIC participation may affect your immigration status, please consult a qualified immigration attorney for legal advice. 

Additional Resources

Benefit Access Information   

Legal Aid and Immigration Assistance  

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