On November 11 2026 U.S. Citizenship and Immigration Services (USCIS) released updated guidance in its Policy Manual detailing how officers will apply the “totality of the circumstances” test when deciding whether an applicant for adjustment of status is likely to become a public charge. The update, which takes effect immediately, reaffirms that receipt of most non-cash benefits—including Medicaid (except for long-term institutional care), CHIP, SNAP and housing subsidies—will not weigh negatively, but it elaborates on how significant medical conditions, low income and limited English proficiency may be balanced against positive factors such as a signed Form I-864 Affidavit of Support. While the Biden Administration’s 2022 regulation already narrowed the range of programs considered, field officers complained of inconsistent adjudications. The new manual section includes case examples and a scoring matrix to improve uniformity. USCIS also instructs officers to request additional evidence rather than deny outright when an applicant’s circumstances could change—for instance, when a relocation package includes employer-paid health insurance that has not yet started. For employers, the clarification reduces uncertainty in green-card sponsorship, particularly for lower-wage roles or international transferees whose spouses may pause employment. Mobility teams should review the updated factors with immigration counsel to ensure support letters emphasize company-provided income, continued health coverage and relocation allowances that demonstrate self-sufficiency. Practically, applicants should be prepared to document private resources—bank statements, foreign pension income, or relocation stipends—and highlight employability, language skills and education. USCIS confirms that a brief reliance on unemployment insurance during a layoff caused by the pandemic will not, by itself, trigger negative weighting. The revision comes as congressional Republicans renew calls to reinstate the stricter 2019 “Wealth Test,” but for now, the adjudicatory landscape remains favorable to employer-sponsored talent. Companies initiating new green-card cases in 2027 can cite the manual’s examples to pre-empt requests for evidence and keep timelines on track.
Source: USCIS (Policy Manual Update)
