Understanding the New Public Charge Rule: Implications for Employment and Family Based Permanent Residence Applications

In the latest episode of GT’s Immigration Insights Podcast, Kate Kalmykov and Jen Hermansky discuss the expanded public charge framework that took effect on September 18, 2026, and what it may mean for employment-based, EB-5, and family-based green card applicants and their sponsors.

They explain how officers may assess an applicant’s age, health, household, finances, education, and earning prospects—and why certain means-tested benefits, including some state or local programs and need-based student aid, may factor into that assessment.

The conversation also covers the importance of documenting an applicant’s financial circumstances, the rule’s timing for adjustment-of-status filings, and the still-developing approach to immigrant visa cases processed at consulates.