Empire Justice Center, The New York Immigration Coalition, and The Legal Aid Society are excited to announce the updated version of the Immigrant Eligibility for Public Benefits in New York State chart.
This resource aims to support service providers guiding noncitizens in accessing public benefits. The chart maps out noncitizen eligibility for a number of federal and New York State benefits, and which of those could potentially have public charge implications.
GENERAL NOTE
IMPORTANT UPDATES (May 2026):
The chart (including footnotes) has been updated on the following topics:
- Public Charge changes anticipated:
- General: It appears that the second Trump Administration is planning to consider additional public benefits to what is considered “countable” for Public Charge (see description of Proposed Changes to Public Charge, below). When we know which benefits will be newly considered, we will provide an update. We are flagging this potential change for your awareness and have indicated with a “**” which benefits, in addition to Cash Assistance and government-funded long-term institutional care, that could potentially be considered.
- Background: On November 19, 2025, USCIS published a proposed rule on public charge for public comment. Changes to the public charge rule will only occur when and if the proposed rule is finalized. If the proposed rule becomes final, it will not change who is subject to the public charge test as reflected in the chart (those categories indicated with a red light in the public charge column).
- If you are a person who is subject to public charge or you are advising such a person: People in the following categories should consult a lawyer for advice about how the new rule will affect you if it goes into effect:
- you are in the process of adjusting to LPR status through a family based petition (have a pending I-485);
- you have LPR status but are planning on leaving the country for 180 days or more, or for any amount of time but you have certain criminal convictions on your record, or
- you are in the process of extending or changing your non-immigrant visa status.
- We will update the chart to reflect any changes that go into effect.
- SNAP eligibility changes
- The Chart now reflects changes in SNAP eligibility and includes language that provides information for instances where an individual in an affected category adjusts to LPR status.
- Health insurance changes anticipated:
- The chart also notes anticipated changes to health insurance eligibility.
Note on the Scope of the Chart: Please note that not all immigration statuses and postures are included in the Chart, only those that you are most likely to come across. If you are wondering about a status not represented in the Chart, please consult the sources cited in the footnotes for eligibility guidance on each relevant benefit.