The Workers Rights 
According to the U.S. Department of Homeland Security, there is going to be an important modification in the U.S. immigration policy, starting from September 4, 2026. The newly amended rule by DHS about the green card permits individuals who have been born in the U.S., who are the children of employees of foreign governments (and not diplomats only), to apply for lawful permanent residence.
Quick Facts on DHS New Green Card Rule
| Detail | Info |
| Rule Type | Interim Final Rule |
| Effective Date | September 4, 2026 |
| Who It Covers | Children who were born in the U.S. to foreign government officials (both parents are foreign citizens) |
| Form to File | Form I-485 (updated) |
| Previous Rule Covered | Foreign diplomatic officers’ kids only. |
| Active Legal Challenge | Limits implementation for class members under Casa Inc. v. Trump injunction |
What Changed — And Why It Matters
This change comes after a time when only children of foreign diplomats were eligible for this type of green card. The DHS’s new green card rule vastly increases that eligibility. The U.S. citizenship is now available not just for diplomats, but for any foreign government employee eligible for citizenship of the United States and can even bear children that will become citizens of the United States.
It is directly due to the Executive Order 14418 issued by President Trump requiring DHS to evaluate the current policies for permanent residency of foreign-born children of foreigners employed by their governments.
Who Qualifies Under the DHS New Green Card Rule?
The new law broadened the definition of a “foreign diplomatic officer” to include the more generic designation “foreign government employee.” With the new DHS immigration regulations, this includes:
- Officials of other countries in charge of their diplomatic missions in the United States.
- The Foreign embassies/consulates staff who are citizens of their respective countries.
- Foreign government officials who are hired in an official capacity.
- Staff of international organisations that are internationally immune (such as UN agencies)
Who Does NOT Qualify
Not all foreign nationals working in government-related jobs are eligible. The rule doesn’t apply to:
- The personal employees or attendants of foreign officials.
- Officials of State-owned Companies
- Foreign workers who work for a foreign government.
- Certain contractors
- Foreign government officials who are visiting the U.S. on a personal visit.
When in doubt, you should seek the advice of a licensed U.S. immigration attorney before filing in order to determine which of the above categories best applies to you.
Comparison: Old Rule vs. DHS New Green Card Rule 2026
| Factor | Previous Rule | New Rule (2026) |
| Who’s covered | Foreign diplomatic officers only | All foreign government personnel who are qualified. |
| Form used | The current form to be filed is Form I-485 (Older version). | Updated Form I-485 |
| Language on form | “Diplomatic Status” | The book, “Born to a Foreign Government Employee”. |
| International org employees | Not clearly included | Included (with immunity) |
| Effective date | Pre-2026 | September 4, 2026 |
| Children born before effective date | Does not meet the requirements of this rule. | Not eligible – for births after/on Sept. 4, 2026 |
How to Apply: Form I-485 Updates
DHS has revised Form I-485, which is an Application to Register Permanent Residence or Adjust Status. The term ‘Individuals Born in the United States Under Diplomatic Status’ has been changed to ‘Individuals Born to a Foreign Government Employee in the United States’.
A companion form (Form G-325R, Biographic Information (Registration)) has also been revised. The form now also covers children who are born in the U.S., but fail to become naturalised citizens at birth and opt not to follow the new path to permanent resident status, but who remain subject to alien registration requirements.
FAQs on DHS New Green Card Rule
Under this rule, is this rule giving citizenship to these children?
No. This rule does not grant U.S. citizenship, but rather a pathway to lawful permanent residence (green card). This is because these children were not born U.S. citizens pursuant to the current legal interpretation as a result of Executive Order 14418.
Is this available for children who were born prior to 4 September 2026?
No. The new green card rule by DHS is only for children who are born on or after September 4th, 2026.
Q: If I work at an S-O-E, what do I do?
The existing conditions for obtaining the green card do not allow state-owned employees to participate. The purpose of this rule is to apply to persons in official government or internationally recognised diplomatic duties.
Q: Can I file Form I-485 now?
Yes – if you are not one of those in the Casa Inc. v. Trump class that is bound by the injunction. Instructions for filling out the updated forms can be found on USCIS.
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