US Green Card Rules: The Donald Trump administration in the United States is planning to tighten the rules for employment-based Green Cards, which allow foreign workers to live permanently and work anywhere in the country. It also provides a pathway to eventual US citizenship. This move could affect many foreign workers, including professionals from India.
According to a report by Forbes, the Department of Homeland Security (DHS) is preparing new regulations that could change eligibility criteria for high-skilled foreign professionals seeking Green Cards based on employment. These proposed rules are expected to be published by January 2026. They aim is to update the requirements for individuals with extraordinary ability, highly qualified professors and researchers.
The DHS summary indicates that the new rules will modernise provisions for workers with extraordinary abilities and for highly qualified academics and researchers. The regulations will clarify requirements for First Preference classifications, National Interest Waiver (NIW) categories and evidence needed for doctors with national and international recognition.
In simple terms, the administration plans to redefine eligibility standards and documentation requirements for employment-based permanent residency. Certain categories of workers who previously obtained Green Cards relatively easily may now need to provide more documents and evidence to qualify under the new regulations.
USCIS guidelines show that individuals with extraordinary ability in science, education, business or athletics can obtain the O-1A visa. This visa does not require sponsorship from an employer. Holders of the O-1A visa presently have a smoother path to employment-based Green Cards without long delays.
Similarly, foreign workers coming to the United States under the National Interest Waiver (NIW) can receive permanent residency if their work benefits the country. The proposed changes may redefine what constitutes sufficient evidence for these applicants. These regulations primarily impact professors, teachers, researchers, business professionals, athletes and scientists who are considered highly skilled or work in the US national interest.
The Trump administration's proposals aim to ensure that the process for employment-based Green Cards aligns with modern standards and the country's strategic needs.
Experts suggest that while these changes may create additional paperwork and documentation requirements, they are intended to make the process more transparent and structured for extraordinary professionals seeking permanent residency in the United States.
The publication of the proposed rules in early 2026 will set the stage for public comments and eventual implementation. Foreign workers, especially those in specialised fields, are closely monitoring these developments to understand how their eligibility for employment-based Green Cards may be affected.