What changed:

• The 2022 rule’s definitions, factor list, and short list of covered benefits are gone. Officers now have broad discretion to weigh the “totality of the circumstances” using the statutory factors (age, health, family status, assets and financial status, and education and skills) plus any other relevant facts.

• Any means-tested public benefit received on or after September 18, 2026 can now be considered. Benefits received before that date are still judged under the 2022 rule, which looked only at cash assistance for income maintenance and long-term institutional care at government expense.

• USCIS rewrote its Policy Manual guidance (Policy Alert PA-2026-09) and now requires the 09/18/26 edition of Form I-485, with no grace period for older editions.

Why it matters for EB-1 applicants:

Employment-based adjustment applicants, including EB-1A, EB-1B, and EB-1C, are subject to the public charge ground, and so are spouses and children filing derivative I-485s. Most EB-1 applicants don’t file an Affidavit of Support (Form I-864); it’s required only when a U.S. citizen or permanent resident relative filed the I-140 or owns 5% or more of the petitioning employer. That puts more weight on the I-485 itself.

The good news: the record that proves extraordinary ability or outstanding research (advanced degrees, specialized skills, a sustained career) speaks directly to the statutory “education and skills” factor. But the I-485 asks detailed questions about finances, education, and benefits use, and those answers need to be accurate and consistent with the rest of the file.

Practical steps:

• Confirm you’re using the current I-485 edition before filing.

• Gather evidence of employment, income, and assets for the principal and each derivative.

• Review every family member’s benefits history, and talk with counsel before enrolling in or dropping any program.

At Chun Fruto Law Corporation, we help EB-1 and adjustment of status applicants prepare filings with the new standard in mind. If a green card filing is on your horizon, reach out.

***Disclaimer: This post is for general informational purposes and does not constitute legal advice. Every case is fact specific. Please contact our office to discuss how this decision may affect your individual situation.***