US Lists 4 Types Of Foreigners Whose Children Can Now Get Green Cards Under New Route

• The Department of Homeland Security published an interim final rule on September 9, 2026, creating a green card registration route for children born in the US to certain foreign government employees
• The rule applies only to children born on or after September 4, 2026, and covers 4 specific categories of foreign government employees who are not US citizens
• Registration for lawful permanent residence under the rule is voluntary and does not grant US citizenship to the children involved

The Department of Homeland Security and US Citizenship and Immigration Services published an interim final rule on September 9, 2026, opening a formal route for children born in the United States to certain categories of foreign government employees to register as lawful permanent residents, commonly known as green card holders.

The rule, identified in the Federal Register as document number 2026-18345, citation 91 FR 57249, became effective on 4 September 2026.

It applies only to children born on or after that date. Children born before September 4, 2026 continue to be treated under the regulations that were in place at the time of their birth, according to DHS.

Who Qualifies Under the New Rule

The rule covers children born in the United States where neither parent is a US citizen and at least one parent was, at the time of the child's birth, a foreign government employee as defined in the rule.

DHS states that such children are treated as not subject to the jurisdiction of the United States for birthright citizenship purposes and therefore do not automatically acquire US citizenship at birth.

According to the Federal Register, DHS defines "foreign government employee" for this purpose as falling into one of four categories:

1. Foreign diplomatic officers accredited to the United States, including ambassadors.

2. Persons employed by a foreign embassy or consulate who are nationals of that foreign country.

3. Persons employed by a foreign government in an official capacity

4. Persons employed by an international organisation that possesses international-organisation immunity.

Before this rule, USCIS notes that only children of foreign diplomatic officers had access to this green card registration route.

The interim final rule extends that eligibility to the broader definition of foreign government employee described above.

Who Is Excluded and How to Apply

The rule is explicit about who does not qualify. Personal employees or attendants of foreign officials, such as personal assistants, chauffeurs, and housecleaners hired by individual officials rather than by foreign governments, are excluded.

Also excluded are employees of state-owned enterprises who do not hold A or G nonimmigrant visa classifications, third-country nationals working for a foreign government or at a foreign embassy or consulate, employees of international organisations that have not been designated by executive order as enjoying immunity in the United States, contractors not holding A or G visa classifications, and foreign government employees present in the United States in a personal rather than an official capacity.

Eligible children may voluntarily register for lawful permanent residence by filing Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. Registration is not mandatory. The rule does not confer US citizenship.

US announces 1 green card route

Meanwhile, Legit.ng previously reported that US government's EB-1 visa category covers three types of applicants, but only one allows individuals to file their own petition without employer involvement.

Applicants under the Extraordinary Ability category must satisfy at least 3 of 10 set criteria, or present evidence of a major internationally recognised achievement.

Source: Legit.ng