The Department of Homeland Security (DHS) on 19 November published a 250-page Notice of Proposed Rulemaking that would strike the 2022 public-charge regulation and restore wider officer discretion when deciding whether an applicant for a visa or green card is “likely to become a public charge.” The proposed rule eliminates rigid definitions that currently limit adjudicators to counting only two benefit types—cash assistance and long-term institutional care—and instead allows a holistic, forward-looking analysis of any means-tested benefit.
Background is critical: the Trump administration’s 2019 public-charge rule was vacated in 2021, and the Biden administration issued a far narrower 2022 rule. The November 2025 proposal argues that both rules “straitjacket” officers and conflict with Congress’s 1996 welfare-reform statute. DHS says restoring case-by-case discretion will better align with statutory intent, though immigrant-rights groups warn the change could chill benefit use by mixed-status families and create uncertainty for employers preparing relocation packages.
![DHS Moves to Rescind 2022 Public-Charge Rule, Signals Return to Broader Discretion]()
If finalized, the rule would require Form I-485 applicants to answer broader financial questions and could revive the use of public-charge bonds. Multinational employers may need to reassess mobility budgets for transferees who rely on U.S. benefits such as Medicaid or food aid while awaiting permanent residency.
Stakeholders have 60 days to submit comments on the regulatory docket. Given the political salience of the issue, companies should watch for litigation and prepare for policy swings that could affect green-card timelines well into FY 2026.
Background is critical: the Trump administration’s 2019 public-charge rule was vacated in 2021, and the Biden administration issued a far narrower 2022 rule. The November 2025 proposal argues that both rules “straitjacket” officers and conflict with Congress’s 1996 welfare-reform statute. DHS says restoring case-by-case discretion will better align with statutory intent, though immigrant-rights groups warn the change could chill benefit use by mixed-status families and create uncertainty for employers preparing relocation packages.
If finalized, the rule would require Form I-485 applicants to answer broader financial questions and could revive the use of public-charge bonds. Multinational employers may need to reassess mobility budgets for transferees who rely on U.S. benefits such as Medicaid or food aid while awaiting permanent residency.
Stakeholders have 60 days to submit comments on the regulatory docket. Given the political salience of the issue, companies should watch for litigation and prepare for policy swings that could affect green-card timelines well into FY 2026.
