Form I-945: The Public Charge Bond Explained

A Brief History of Form I-945

Form I-945's history tracks the political pendulum on public charge policy across administrations:

• August 2019: The first Trump administration published its sweeping Public Charge Final Rule, setting a minimum bond of $8,100 and formally creating Form I-945. The form became active on February 24, 2020.
• 2020–2021: Federal courts enjoined the rule multiple times during the COVID-19 period; enforcement was inconsistent.
• March 2021: The Biden administration formally discontinued Form I-945 and reverted to the narrow 1999 public charge definition, under which only receipt of cash-based public benefits counted against an applicant.
• December 23, 2022: The Biden administration's own public charge final rule took effect, codifying the 1999 framework while rejecting the 2019 rule's broad use of non-cash benefits.
• September 2025: The second Trump administration reinstated Form I-945 with proposed updates — including the ability to accept Department of State Consular Case Numbers — signaling possible future expansion to consular processing contexts. The $8,100 minimum bond applies; a revised form edition is pending final OMB approval.

What Is Form I-945?

Form I-945 is USCIS's Public Charge Bond form. It is used when an applicant for adjustment of status (Form I-485) is found inadmissible on public charge grounds under INA §212(a)(4) — that is, when an officer determines the applicant is likely to become primarily dependent on government financial assistance — but is otherwise eligible for a green card.

Rather than issue an outright denial, USCIS may offer the applicant a second chance: post a financial bond as a guarantee that the individual will not become a public charge. If the conditions of the bond are met over time, the bond is canceled and the deposit is returned.

Bond Amounts and Types

The minimum public charge bond amount is $8,100. USCIS officers have full discretion to set a higher figure based on the applicant's individual circumstances. There are two mechanisms for posting the bond:

For a surety bond, the surety company must appear on the Treasury Department's current Circular 570 list of companies authorized to act as surety on federal bonds, as defined by 8 CFR §103.6(b). An agent of a surety company may execute the bond only if the agent provides a currently valid Power of Attorney. An acceptable co-obligor may also participate.

For cash bonds, the obligor's Taxpayer Identification Number (TIN) is required to pay accrued interest through the U.S. Treasury and to comply with IRS reporting requirements. Failure to provide the TIN may result in rejection of the bond.

Bond Conditions and What Triggers a Breach

By posting Form I-945, the obligor guarantees that the immigrant will not receive certain public benefits within a specified period after receiving permanent residence. Under the current 2022 framework, the triggering threshold is receipt of more than 12 months in aggregate of designated cash-based public benefits within any 36-month period after the green card is granted.

Benefits That Can Trigger a Breach

• Supplemental Security Income (SSI)
• Temporary Assistance for Needy Families (TANF)
• Federal and state cash assistance programs for income maintenance
• Long-term institutional care at government expense

Benefits That Do NOT Trigger a Breach Under the 2022 Rule

• Medicaid (with narrow exceptions for long-term institutionalization)
• SNAP (food stamps)
• Children's Health Insurance Program (CHIP)
• Housing assistance (Section 8, public housing)
• WIC nutrition assistance
• COVID-19 relief benefits
• Most non-cash benefit programs

How to Cancel the Bond (Form I-356)

The bond does not cancel automatically. The obligor must file Form I-356 (Request for Cancellation of a Public Charge Bond) to initiate the cancellation process. USCIS will cancel the bond and, for cash bonds, refund the full deposit plus accrued interest when any of the following five events occurs:

• 1
  Five Years After LPR AdmissionThe obligor demonstrates that the immigrant has not received designated public benefits in excess of the bond conditions during the five-year period following green card approval.
• 2
  Naturalization as a U.S. CitizenUpon approval of naturalization, the bond obligation terminates. The Form I-356 should be filed after the naturalization certificate is issued.
• 3
  Permanent Departure from the United StatesFormal abandonment of LPR status via Form I-407 (Abandonment of Lawful Permanent Resident Status) plus proof of departure satisfies the termination condition.
• 4
  Death of the ImmigrantA certified death certificate submitted to USCIS with a completed I-356, provided there was no prior breach of the bond conditions, triggers cancellation.
• 5
  USCIS Determination of Self-SufficiencyUSCIS may cancel the bond at any time if it determines the immigrant is no longer likely to become a public charge, even before the five-year period expires.

If a breach occurs before any termination event — the immigrant receives designated public benefits above the threshold — USCIS will declare the bond breached. The obligor will owe the full face amount of the bond to DHS, plus any applicable interest and collection costs.

The 75-Country Immigrant Visa Pause

On January 21, 2026, the U.S. Department of State paused immigrant visa issuance for nationals of approximately 75 countries — including Bangladesh, Nigeria, Brazil, Pakistan, Egypt, Ghana, Ethiopia, and many others — citing public charge concerns and the need to update methodological frameworks for evaluating applicant risk. The pause is blanket: it applies regardless of an individual applicant's personal finances, employment history, or existing I-140 approval.

Could Form I-945 Provide a Solution?

This has been the central question for practitioners since the pause was announced. The statutory framework under INA §213 already authorizes bonds as a remedy for public charge inadmissibility. The September 2025 update to Form I-945 added the ability to accept DOS Consular Case Numbers and named the State Department as a co-authority in the bond framework — suggesting at least some policy coordination between DHS and DOS. The B-1/B-2 Visa Bond Pilot Program active through August 2026, which requires financial bonds of $5,000–$15,000 from nationals of 45+ countries as a condition of nonimmigrant visa issuance, demonstrates this administration's broad appetite for bonds as a visa policy tool.

However, as of May 2026, no bond pathway exists for the 75-country immigrant visa pause. The State Department's methodological review is ongoing. Litigation in CLINIC v. Rubio and other cases is seeking disclosure of the administrative record underlying the pause, which may reveal how the various policy tracks are intended to connect. Courts may also issue injunctions affecting the pause before any bond pathway is formalized.

The OMB March 2026 Decision on Form I-945

Many practitioners watched closely as OMB's review deadline for the revised Form I-945 arrived on March 26, 2026, hoping that approval would create a concrete tool to address the consular pause. Instead, OMB recorded its decision as withholding approval at this time, with a notation that a comment had been filed on the proposed rule.

Under the Paperwork Reduction Act, OMB withholds approval when an agency has not yet provided a sufficiently stable or clearly defined framework for how the form will be used — typically because the underlying policy is still evolving, public comments have not been fully addressed, or the use case is broader than what existing rules clearly support. OMB's decision does not foreclose a future approval; it signals that additional policy development is needed first.

Frequently Asked Questions