USCIS Now Requires the 09/18/26 Form I-485 as Public Charge Rule Takes Effect
As of September 18, 2026, USCIS accepts only the 09/18/26 edition of Form I-485, with no grace period. Older 01/20/25 and 09/04/26 editions are rejected, and new green card filings are reviewed under the final public charge rule that took effect the same day.
As of September 18, 2026, USCIS accepts only the 09/18/26 edition of Form I-485. New green card filings fall under a final public charge rule that took effect the same day.
The update comes at a critical juncture for high-skilled immigrants: with the federal government transitioning into Fiscal Year 2027 (FY2027) on October 1, thousands of applicants in employment-based categories—including EB-1A, EB-1B, and EB-2 NIW—are preparing to file under newly available visa numbers and potential forward movement in the Visa Bulletin.
U.S. Citizenship and Immigration Services has published the 09/18/26 edition of Form I-485, Application to Register Permanent Residence or Adjust Status. There is no grace period. USCIS will reject the 01/20/25 and 09/04/26 editions if the form is postmarked or submitted electronically on or after September 18, 2026.
A final DHS rule rescinds the 2022 public charge regulations and is effective September 18, 2026. USCIS published the new form on that date. Anyone filing Form I-485 now must use the 09/18/26 edition. EB-1, EB-2, and NIW applicants who adjust status in the United States file this form.
U.S. fiscal year 2027 begins October 1, 2026, when annual immigrant visa limits reset. That reset does not, by itself, make a person eligible to file Form I-485. In general, a visa must still be immediately available. The October 2026 Visa Bulletin has not been published.
Which Form I-485 edition does USCIS accept now?
The live edition on the Form I-485 page, last updated September 18, 2026, is 09/18/26. An August 19, 2026 alert previewed the 01/20/25 cutoff. The live page also rejects the later 09/04/26 edition.
The Form I-485 page sets these cutoffs:
| Edition | When USCIS will accept it |
| 01/20/25 or 09/04/26 | Only if postmarked or submitted electronically before September 18, 2026 |
| 09/18/26 | Only if postmarked or submitted electronically on or after September 18, 2026 |
Check the edition date at the bottom of every page. USCIS may reject a form if pages are from different editions.
In general, a visa must still be immediately available before filing. See WeGreened’s I-485 filing eligibility chart for EB-1A, EB-1B, and NIW dates.
What does this mean for EB-1 and NIW applicants?
The final rule applies to I-485 applications postmarked or submitted electronically on or after September 18, 2026. Policy Alert PA-2026-09 says filings postmarked or submitted from December 23, 2022, through before September 18, 2026, are adjudicated under the 2022 regulations.
USCIS says officers must consider five statutory factors: age; health; family status; assets, resources, and financial status; and education and skills. Officers may also consider other relevant factors, including means-tested benefits such as cash assistance, housing assistance, food stamps, or financial aid for college.
For benefits received before September 18, 2026, USCIS will consider only cash assistance for income maintenance and long-term institutionalization at government expense. For benefits received on or after that date, USCIS says it will consider any and all means-tested public benefits. Decisions are case-by-case in the totality of circumstances.
USCIS lists priority workers and professionals with advanced degrees or aliens of exceptional ability as subject to public charge review, unless an exemption applies. That employment-based second preference group includes national interest waivers. Approval of Form I-140 also does not, by itself, make a person eligible to file. In general, a visa must still be immediately available. See WeGreened’s NIW FAQ on timing.
Applicants preparing an EB-1A or NIW I-140, or who already have an approved petition and a current date, can request a free case evaluation from North America Immigration Law Group (WeGreened).