The United States has introduced a new green card pathway for certain children born on American soil to foreign government employees.
The Department of Homeland Security (DHS) and US Citizenship and Immigration Services (USCIS) announced the immigration rule.
It allows eligible children to register for lawful permanent residence if neither parent is a US citizen.
The policy expands an existing arrangement that previously covered children of foreign diplomatic officers.
According to the Federal Register, the rule applies to qualifying children born in the United States from September 4, 2026.
Who qualifies for the new green card route?
The regulation recognises four categories of foreign government employees.
They include:
- Foreign diplomatic officers accredited to the United States.
- Nationals employed by their countries’ embassies or consulates.
- Individuals working for foreign governments in an official capacity.
- Employees of international organisations that enjoy immunity in the United States.
At least one parent must belong to a qualifying category when the child is born. Neither parent can be a US citizen.
However, the policy does not cover everyone working for a foreign government or diplomatic mission.
Domestic workers, chauffeurs and personal assistants hired by individual foreign officials do not automatically qualify.
Certain state-owned enterprise employees, third-country nationals and contractors also fall outside the provision.
How eligible children can apply
Eligible applicants can seek permanent residence by filing Form I-485 with USCIS.
The form is officially known as the Application to Register Permanent Residence or Adjust Status.
Applicants must provide supporting documents, including the child’s birth certificate and official confirmation of the parent’s foreign government employment.
USCIS may also require evidence of the child’s residence in the United States and other relevant records.
The process remains voluntary. However, eligible children who do not obtain permanent residence may still face applicable US alien registration requirements.
Importantly, the new rule does not automatically grant citizenship or a green card. Immigration authorities must review and approve each application.
Children born before September 2026 excluded
The new provision applies prospectively to children born from September 4, 2026.
Children born before that date remain subject to the immigration rules that applied when they were born.
The policy follows Executive Order 14418, which President Donald Trump issued on August 6, 2026.
The order directed DHS to establish an immigration status pathway for certain US-born children of foreign government employees.
Court challenge affects implementation
The policy also faces a legal complication.
The Federal Register notice acknowledges an injunction in the case of Casa Inc. v. Trump.
Under the notice, DHS will not enforce the rule against members of the certified class covered by the court order unless the government obtains relief.
The development comes amid wider legal disputes over the Trump administration’s birthright citizenship policy.
For now, the new provision creates a specific green card registration route for eligible children of foreign government employees. However, eligibility restrictions and ongoing court proceedings remain important considerations.
