US Names 4 Categories of Foreigners Whose Children Qualify for New Green Card Route

• The US Department of Homeland Security published an interim final rule in the Federal Register on September 9, 2026, creating a new green card pathway
• The rule covers children born in the US on or after September 9, 2026, to parents who are qualifying foreign government employees
• It is noteworthy that applications are not automatic — eligible children must submit Form I-485 to USCIS for review and approval

The United States has created a new pathway to permanent residence for certain children born on American soil to foreign government employees, under an interim final rule published in the Federal Register on September 9, 2026.

The rule, introduced jointly by the Department of Homeland Security (DHS) and US Citizenship and Immigration Services (USCIS), builds on an existing provision that previously covered only children of foreign diplomatic officers, extending eligibility to a broader set of foreign government employee categories.

US Green Card: Who qualifies under the new rule?

The regulation applies to children born in the US on or after September 9, 2026, where neither parent holds American citizenship and at least one parent belongs to one of four recognised categories of foreign government employees at the time of the child's birth. Those four categories are:

1. Foreign diplomatic officers accredited to the United States.

2. Employees of foreign embassies and consulates who are nationals of the countries they represent.

3. Individuals employed by foreign governments in an official capacity.

4. Employees of international organisations that enjoy immunity in the United States.

The provision does not cover all workers connected to foreign missions. Personal staff hired by individual foreign officials, such as domestic workers, chauffeurs, and personal assistants, are excluded, as are third-country nationals working at diplomatic missions, contractors who do not meet the qualifying criteria, and certain employees of state-owned enterprises.

Children born before September 4, 2026, remain subject to the immigration rules that were in force at the time of their birth.

US Green Card: How to apply and what it does not grant

Permanent residence is not granted automatically. Eligible children must voluntarily apply by submitting Form I-485, the Application to Register Permanent Residence or Adjust Status, to USCIS.

The rule also amends Form G-325R, Biographic Information (Registration), to accommodate the expanded categories covered by the policy. Children who do not obtain permanent residence under this provision may still be required to comply with US alien registration requirements.

The rule does not confer US citizenship. DHS said the expanded provision was designed to offer an immigration status pathway for eligible children who do not acquire American citizenship at birth.

The policy follows Executive Order 14418, signed by President Donald Trump on August 6, 2026, which directed DHS to establish procedures for addressing the immigration status of US-born children of foreign government employees where neither parent is an American citizen.

However, implementation of the broader policy remains subject to a court injunction in *Casa Inc. v. Trump*, and DHS has said it will not apply the rule against members of the certified class covered by that injunction unless the court grants relief.

In a related story, Legit.ng reported that the US set an age requirement for Green Card holders to sponsor their parents.

US moves to change Green Card rules for foreign workers

Meanwhile, Legit.ng previously reported that the US had made moves to change its Green Card rules for foreign workers.

The US Department of Labour's (DOL) proposed regulation has cleared the Office of Management and Budget (OMB) review, according to an immigration advisory published by Fragomen on October 26, 2026.

The rule, per the Fragomen immigration advisory, will now move toward publication in the Federal Register, where it will be open for public comment.