Green card process to see major overhaul? US eyes new rule for highly qualified foreign workers

DHS plans to revise employment-based green card rules for foreign workers, aiming for a January 2026 release.

The US Department of Homeland Security (DHS) is working on a new rule that may change the requirements for employment-based green cards for highly qualified foreign workers, according to a Forbes report.

Aaron Reichlin-Melnick of the American Immigration Council noted that this was the first case, he was seeing, where a green card holder had been ‘criminally charged for failure to carry papers.’ (X/@unumihaimedia)

The rule, which is anticipated to be released in January 2026, would update the classifications for exceptional researchers and academics as well as people with exceptional talent.

Here's what DHS said on Green Card overhaul

The DHS statement states that the rule will “update provisions governing extraordinary ability and outstanding professors and researchers; modernise outdated provisions; and clarify evidentiary requirements for first preference classifications, second preference national interest waiver classifications, and physicians of national and international renown.”

The agency's main goal is to improve the requirements for applicants' eligibility and supporting evidence for employment-based permanent residency. It is anticipated that the modifications will resolve discrepancies in the interpretation of evidence and improve the uniformity of petition evaluations under the first and second employment preference categories.

The Biden administration's larger initiative to streamline the application procedure for foreign professionals seeking employment-based green cards includes this proposed rule.

In response to the administration's 2022 initiative to increase scientific, technological, and research expertise, new guidelines urged firms to utilize the O-1A visa and NIW categories more frequently.

What is O-1A Visa?

The O-1A visa is a type of non-immigrant visa for people who have exceptional talent in business, education, science, or sports (but not in the entertainment, film, or television industries). High-achieving professionals can use this visa to work in the United States according to their area of competence.

Foreign nationals with sophisticated degrees or extraordinary skills in fields like science, technology, and healthcare can avoid the standard labor certification procedure under the EB-2 employment-based green card's National Interest Waiver (NIW) categories if their work advances the national interest of the United States.

With an apparent rise in applications since 2022, data from the US Citizenship and Immigration Services (USCIS) shows how successful these adjustments have been. The number of O-1A visa applications rose from 7,710 in FY 2021 to 10,010 in FY 2023, with an approval rate of above 90%.

NIW sees 51% surge from FY 2021 to 2022

The National Interest Waiver (NIW) program also experienced a 51% increase in applications from FY 2021 to FY 2022, reaching 39,810 in FY 2023. For those who exhibit notable contributions to the interests of the country, there is growing interest in avoiding the conventional labor certification procedures as an outcome of this expanding need.

The final rule, which is still in the drafting phase, is projected to be published in January 2026 and be available for public comment. Universities, employers, and advocacy groups are probably going to comment on the suggested modifications during this time.

The changes may result in more uniformity in the selection process, but they may also raise the bar for applicants for permanent residence who have exceptional abilities or have served the interests of the country.