Home News New US Green Card Rule Affects Indian Applicants

New US Green Card Rule May Impact Indian Applicants

Aug 19, 2026
80 min
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Aug 19, 2026 07:31
New US green card rule may hit Indians

## New Immigration Guidance

Starting September 18, new US immigration guidelines will affect many Indians seeking green cards. The US Citizenship and Immigration Services (USCIS) will now consider applicants' use of public benefits, such as housing assistance and food stamps, when assessing their likelihood of becoming a public charge.

## Changes to Previous Regulations

This change follows the Department of Homeland Security's decision to roll back Biden-era public charge regulations from 2022. The new rule, announced in July, will apply to applications submitted on or after September 18. Applications submitted before this date will still be evaluated under the previous regulations.

## Affected Categories

The new rule impacts both family and employment-based green card applicants. Family-sponsored applicants, including spouses, children, and parents of US citizens, will be subject to the public charge assessment. Employment-based categories affected include priority workers, professionals with advanced degrees, and skilled workers.

## Exemptions

Certain groups are exempt from this rule, including refugees, asylees, and victims of human trafficking. Special immigrant juveniles and some Afghan and Iraqi nationals who worked for the US government are also exempt.

## Evaluation Criteria

USCIS officers will consider factors such as age, health, family status, financial position, and education. An affidavit of support from a sponsor may also be required. Receiving public benefits alone will not automatically result in application denial.

## Impact on Indian Applicants

In fiscal 2024, approximately 66,800 India-born immigrants received US green cards, with a significant portion adjusting their status while already in the US. The new rule may increase scrutiny for future applicants, particularly those relying on public benefits.

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