DHS proposes to rescind the 2022 public charge ground of inadmissibility regulations, signaling a major shift toward a more flexible and balanced “totality of the circumstances” standard for admissibility.

Introduction

On November 19, 2025, the U.S. Department of Homeland Security (DHS) published a Notice of Proposed Rulemaking (NPRM) in the Federal Register. The NPRM proposes to rescind the regulatory framework established by the 2022 public charge inadmissibility rule—meaning that DHS is reconsidering how it decides whether someone is inadmissible to the United States. This reflects DHS’s goal to restore a more flexible, statutorily grounded analysis, but these changes will not take effect unless and until a final rule is issued after the public comment process.

Key Proposed Changes

Under the proposal, DHS is considering a return to an approach that allows officers to look at the “totality of the circumstances” when evaluating whether a person is inadmissible on public-charge grounds. A “public charge” is someone whom the government believes is likely to become primarily dependent on certain forms of government assistance in the future.

While we are still waiting for the final text, DHS has outlined several key ideas:

• DHS may eliminate or revise definitions from the 2022 rule that were overly technical or confusing.
• Officers may be allowed to return to a more individualized, case-by-case analysis when evaluating admissibility.
• A broader set of factors may be considered—including age, health, financial situation, education, skills, and affidavits of support—leading to a broader and more balanced review.

These changes would give officers greater flexibility to consider each person’s full circumstances. For many applicants—especially in family-based and employment-based immigration—this approach would allow cases to be evaluated more fairly and holistically, reducing uncertainty in the application process and providing meaningful benefits to new applicants.

What You Should Know Going Forward

At this stage, this is only a proposal. It is helpful to be aware of possible changes, but there is no need for alarm or urgent planning. Most applicants will continue to follow the current 2022 framework until DHS issues a final rule.

For now, clients should keep the following in mind:

• No changes have taken effect. The proposed rule is only the first step in a lengthy process.
• Your current or upcoming application will continue under the 2022 rules. Nothing in this NPRM impacts applications currently being prepared or filed.
• Future rules may be more flexible. If DHS finalizes the proposed approach, applicants may face fewer technical requirements and a more holistic review.

Your Chance to Comment on the NPRM

For this proposal, DHS is accepting public comments through the Federal eRulemaking Portal at Regulations.gov, under DHS Docket No. USCIS-2025-0304, until December 19, 2025. If you are interested in influencing the final rule, you may submit a comment online by referencing the docket number and outlining your concerns, proposed revisions, and any supporting analysis or real-world examples.

_______________

Legal Disclaimer

This article is for informational purposes only and does not constitute legal advice. Reading any content on our website does not create an attorney-client relationship. For legal guidance tailored to your specific situation, consult a qualified immigration attorney.