USCIS issued updated guidance on how it will determine whether an applicant is likely to become a “public charge” meaning primarily dependent on government assistance. The guidance went into effect September 18, 2026. It applies to adjustment of status applications (Form I-485) submitted on or after that date.
Is this relevant to F-1 and J-1 students?
For students maintaining F-1 or J-1 status, this announcement does not create an immediate change. However, it may be relevant in the following situations:
- You are applying, or expect to apply, for U.S. permanent residence through adjustment of status;
- You are filing Form I-485 on or after September 18, 2026;
- You or a qualifying household member has received or applied for means-tested public benefits;
For adjustment-of-status cases filed on or after September 18, USCIS may consider the applicant’s age, health, family status, assets and financial circumstances, education and skills, and other relevant evidence. The agency may also consider means-tested benefits received on or after that date. This includes certain cash, housing, food, health-care, or education-related benefits. The decision must be based on the totality of the circumstances; receiving one benefit does not automatically make someone inadmissible.
University scholarships, fellowships, assistantships, and ordinary student employment are generally not treated as public benefits. Nevertheless, students pursuing U.S. permanent residence should maintain documentation showing their lawful sources of financial support, including scholarships, family support, employment, assistantships, and personal funds.
Students with questions about public benefits should consult a qualified immigration attorney before making decisions about applying for or ending F-1 or J-1 student benefits. This update is intended as general information and is not legal advice.