New Public Charge Rule Takes Effect September 18, 2026
DHS rescinded the 2022 public charge rule. From September 18, 2026, officers weigh all facts with broader discretion, and any means-tested benefit use may count.
5 news reports and 8 tracked rule changes across US, Australia.
DHS rescinded the 2022 public charge rule. From September 18, 2026, officers weigh all facts with broader discretion, and any means-tested benefit use may count.
The 2022 public charge regulation is replaced with a case-by-case "totality of circumstances" test for green card applications filed on or after September 18, 2026. A new edition of Form I-485 is now mandatory.
A new proclamation extended the $100,000 payment on certain new H-1B petitions through September 21, 2027. Federal courts have vacated the implementing policies, and USCIS is not collecting the payment while appeals continue.
A final rule would have replaced open-ended "duration of status" with fixed admission periods of up to 4 years. A federal court blocked it the day before it took effect, so current rules continue for now.
From 19 September 2026, Ministerial Directions 121 and 122 replace Direction 119 and set new processing priorities for 482, 186, 189, 190 and 491 visas.
Australia will redesign its skilled points test, and housing trades will score the same as a university degree, the Home Affairs Minister said on 17 September 2026.
Second-year Working Holiday visas will be capped at 45,000 and third-year visas at 5,000 through a ballot, the government announced on 17 September 2026.
Future Australian visitor visas will carry a No Further Stay condition, ending most onshore visa applications by visitors, the government announced on 17 September 2026.
Ministerial Directions 121 (Skills in Demand visa) and 122 (186, 189, 190, 491, 494 and others) prioritise construction, healthcare, teaching, agriculture and resources occupations, then onshore applicants. Resources and agriculture, aquaculture and fishing were added as priority sectors.
The Home Affairs Minister announced ballots capping second-year working holiday visas at 45,000 and third-year visas at 5,000. Regional work requirements stay; no start date has been set.
Future visitor visas will carry a No Further Stay condition, with an exception for protection claims. Visas already held are not affected, and no start date has been set.
The Government said the points test has been redesigned so selected skills, such as housing trades, can score the same points as a university degree. No legal instrument or start date has been published.
The Minister announced that new 485 applications will no longer be able to include family members. The change is not yet law.
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