US Expands Green Card Eligibility for Foreign Government Children

The United States has introduced a new immigration pathway for certain children born on American soil to foreign government employees, as per an interim final rule published in the Federal Register on September 9, 2026. This rule, jointly issued by the Department of Homeland Security (DHS) and US Citizenship and Immigration Services (USCIS), expands eligibility beyond children of foreign diplomatic officers to include children of employees from four recognized categories of foreign government employees.

These categories include foreign diplomatic officers accredited to the US, employees of foreign embassies and consulates who are nationals of their countries, individuals employed by foreign governments in an official capacity, and employees of international organizations with immunity in the US. Children born before September 9, 2026, will follow previous immigration rules.

Eligible children must apply for permanent residence using Form I-485. The rule does not grant US citizenship and is subject to a court injunction in *Casa Inc. v.

Trump*.