On July 20, 2026 DHS issued a Final Rule on Public Charge Ground of Inadmissibility that changes the way public charge will be adjudicated to a more discretionary, individualized, totality of the circumstances approach in applicable cases that will take effect on September 18, 2026. The 2026 Final Rule will rescind the 2022 Final Rule of the Biden Administration, eliminating all of the current regulations related to public charge found at 8 CFR 212.20 – 212.23 and alter the regulations related to Public Charge Bonds at 8 CFR 103.6(c). USCIS will release additional agency guidance including likely in the USCIS Policy Manual before September 18, 2026. Furthermore, USCIS will release a new Form I-485 and new bond forms (I-945 and I-356) before September 18, 2026. This roundtable will cover the following topics:

• What we know about these potential changes based on the 2026 Final Rule at this point, and what we still may need to learn based on USCIS agency guidance and the final USCIS Forms
• What to expect both in public charge adjudications for cases filed before September 18, 2026 and those subject to the 2026 Final Rule
• How to discuss with clients about the definition of a who may be considered a public charge and who is subject to public charge under the INA
• Understanding what attorneys need to know about benefits use for noncitizens and their family members under the 2026 Final Rule
• How Department of State visa adjudications may be impacted

Facilitators

• Jeremy Weber, AILA USCIS Operations Committee Vice Chair, Wyong, New South Wales
• Jason Mills, AILA USCIS HQ (Benefits Policy) Liaison Committee, Fort Worth, TX
• Emma Tuohy, AILA USCIS Operations Committee, Philadelphia, PA
• Justin Russo, AILA USCIS Operations Committee, Atlanta, GA

Presented by AILA Public Charge Working Group

This roundtable is being hosted by the AILA Public Charge Working group with members from the AILA USCIS Operations and Benefits Policy Committees.

AILA Membership Benefit

AILA Video Roundtables offer free, interactive learning led by expert faculty, with a focus on open discussion and Q&A. These sessions are available exclusively to AILA members and are not eligible for CLE credit. Recordings will be available approximately two weeks after the live event date.