A significant revision to the United States’ employment-based Green Card system is in the works, with new regulations anticipated by January 2026. The Department of Homeland Security (DHS) is reportedly finalizing rules that could redefine eligibility for foreign professionals seeking permanent residency, particularly those with extraordinary abilities and highly skilled academics or researchers. This potential tightening of rules could introduce new hurdles for international talent hoping to live and work in the US long-term.
The proposed regulatory update aims to modernize the requirements for several key Green Card categories. This includes enhancing the standards for demonstrating extraordinary ability in fields such as science, arts, business, and athletics. Furthermore, the regulations are expected to clarify the evidence needed for National Interest Waiver (NIW) applications and for recognized doctors, ensuring a more robust assessment of contributions to the US. The intention is to refine the process for obtaining permanent residency based on employment.
Individuals who currently benefit from less stringent pathways, such as O-1A visa holders who do not require employer sponsorship and typically have a smoother route to Green Cards, may find the landscape changing. Similarly, those seeking permanent residency under the NIW, which requires proving their work is of national importance to the US, could face increased scrutiny and demand for detailed documentation. The administration suggests these measures are intended to align the Green Card process with modern workforce needs and strategic national interests, potentially leading to a more structured approach for highly skilled immigrants pursuing permanent status in the United States.