US Green Card Process Set for Major Overhaul to Attract Highly Qualified Foreign Workers

The United States is planning significant changes to its employment-based immigration system. The Department of Homeland Security is drafting a new rule to modernize the green card process. The focus is on applicants with extraordinary ability and outstanding researchers. The anticipated release date for the proposed rule is January 2026.

This initiative is part of the Biden administration’s broader effort to attract top global talent. It aims to streamline pathways for professionals in science, technology, and academia. The goal is to clarify and update outdated requirements for certain visa categories.

Key Changes in the Green Card Overhaul

The DHS outlined the rule’s objectives in a recent regulatory agenda. It plans to update provisions for “extraordinary ability” and “outstanding professors and researchers.” The rule will also modernize outdated regulatory language. Furthermore, it seeks to clarify evidentiary requirements for several employment-based classifications.

According to a report from Forbes, the changes aim to standardize petition evaluations. This should lead to more consistent adjudications by immigration officers. The updates will impact both the EB-1 and EB-2 preference categories. This includes the National Interest Waiver (NIW) for professionals whose work benefits the United States.

The administration hopes these changes will resolve interpretive inconsistencies. It will provide clearer guidance for both petitioners and applicants. The move is a direct response to calls for a more modern and efficient immigration system for highly skilled workers.

Building on Recent Immigration Policy Shifts

This proposed rule continues policy shifts that began in 2022. At that time, the administration encouraged greater use of the O-1A visa and NIW categories. The O-1A visa is for individuals with extraordinary ability in sciences, business, or athletics. Data from U.S. Citizenship and Immigration Services shows this strategy is working.

O-1A visa applications increased significantly from 7,710 in FY 2021 to 10,010 in FY 2023. The approval rate remained high at over 90 percent. The National Interest Waiver program saw an even more dramatic surge. Applications jumped by 51 percent from FY 2021 to FY 2022, reaching 39,810 in FY 2023.

This growth indicates a strong desire among skilled professionals to bypass the standard labor certification. The upcoming rule is expected to further refine and capitalize on this trend. It aims to make the U.S. more competitive in the global race for talent.

The proposed overhaul of the U.S. green card process represents a significant step toward modernizing immigration for a new era. By clarifying and updating requirements for highly qualified foreign workers, the Biden administration seeks to strengthen America’s capacity for innovation and research. The final rule, expected in 2026, could reshape the landscape of employment-based immigration for years to come.

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What is the main goal of the new DHS rule?

The rule aims to modernize and clarify the eligibility and evidence requirements for employment-based green cards. It focuses on applicants with extraordinary ability and outstanding researchers. The goal is to create more consistency in how petitions are evaluated.

When will the new green card rules take effect?

The proposed rule is currently in the drafting phase. It is anticipated to be published for public comment in January 2026. A final implementation date will be set after the public feedback period.

What is a National Interest Waiver (NIW)?

A National Interest Waiver is part of the EB-2 employment-based green card category. It allows foreign professionals with advanced degrees or exceptional ability to skip the labor certification process. This is permitted if their work is deemed to substantially benefit the United States.

How have O-1A visa applications changed recently?

Applications for O-1A visas have seen a notable increase. According to USCIS data, filings rose from 7,710 in Fiscal Year 2021 to 10,010 in Fiscal Year 2023. The approval rate for these petitions has remained above 90 percent.

Who will be affected by these proposed changes?

The changes will primarily affect highly qualified foreign workers seeking permanent residency. This includes individuals with extraordinary ability, outstanding professors, researchers, and those pursuing a National Interest Waiver. Employers and universities sponsoring such talent will also be impacted.

Trusted Sources

Forbes, U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS)