US Issues New Green Card Rule for Children Born to Foreign Government Employees in 2026
- USCIS published an Interim Final Rule on September 4, 2026, creating a new Green Card pathway for children born in the US to foreign government employees
- A federal court injunction is currently blocking the rule from being enforced against members of a certified class in an ongoing legal case
- USCIS also released a new edition of Form I-485 dated September 4, 2026, tied to the rule's implementation
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The United States Citizenship and Immigration Services (USCIS) published a new rule on September 4, 2026, that creates a Green Card pathway for people born in the United States to foreign government employees, where neither parent held US citizenship at the time of birth.
The rule, titled the Registration of Lawful Permanent Residence for Children Born to Foreign Government Employees in the United States, Interim Final Rule, was released alongside a new September 4, 2026 edition of Form I-485, Application to Register Permanent Residence or Adjust Status.
Source: Getty Images
Court injunction complicates implementation
According to US, despite the rule's publication, the Department of Homeland Security (DHS) has made clear it will not move forward with implementing the Interim Final Rule or the updated Form I-485 in a way that would affect members of a certified class covered by an active court injunction.
The injunction in question stems from the case Casa Inc. v. Trump, No. 8:25-cv-00201, filed in the District of Maryland on September 2, 2026.
Under the terms of the injunction, DHS is barred from taking any action that would put the rule into effect for those individuals or otherwise conflict with the court's order.
USCIS said DHS will only enforce the rule if and when the government secures relief from the injunction. The agency added that if such relief is obtained in time, it will implement the rule accordingly.
Who the rule covers
The new Green Card category is specifically for individuals who were born in the United States to a parent employed by a foreign government, and where neither parent was a US citizen at the time of the birth.
Under previous immigration rules, such individuals faced significant legal uncertainty about their permanent residency status, as birthright citizenship in such cases was not always automatically applied.
The new rule offers a formal registration process for this group to apply for lawful permanent residence through Form I-485. However, given the current legal standoff, eligible applicants in the certified class will need to wait for further developments in the court proceedings before their applications can be processed under the new framework.
See the full rules on US website here.
Source: Getty Images
Employment-based green cards
Legit.ng earlier reported that the United States Citizenship and Immigration Services (USCIS) has outlined the full range of occupations that make a foreign national eligible to apply for a Green Card through employment, covering three distinct preference categories.
Source: Legit.ng
