A substantial reform of the United States’ employment-based Green Card system is on the horizon, with the Donald Trump administration reportedly preparing to introduce stringent new regulations. These changes are poised to affect foreign workers, particularly those in specialized fields, who are seeking permanent residency and a pathway to US citizenship. The Department of Homeland Security (DHS) is actively working on these proposals, which are expected to be officially unveiled by January 2026.
The primary focus of the forthcoming regulations is to update and clarify the criteria for individuals possessing extraordinary abilities, alongside highly qualified professors and researchers. The DHS aims to modernize provisions that have been in place, potentially increasing the documentary evidence required for these categories. This includes specific attention to First Preference classifications and the National Interest Waiver (NIW) programs, ensuring that those who benefit from these pathways demonstrably meet elevated standards.
The implications for foreign professionals are significant. Highly skilled individuals who currently benefit from visas like the O-1A, which doesn’t require an employer sponsor and typically offers a smoother transition to permanent residency, could face new challenges. Likewise, those seeking an NIW, granted when an individual’s work is deemed to be in the national interest of the US, may need to present more comprehensive proof of their contributions and qualifications. Experts suggest these changes, while potentially adding to the administrative burden, are intended to create a more defined and objective process for highly skilled immigrants pursuing permanent residence in the United States, aligning it with evolving national priorities.