US Expands Green Card Eligibility for Foreign Employees' Kids

The US government has opened a pathway to lawful permanent residence for certain children born on American soil to foreign government employees. This change, introduced by the Department of Homeland Security and the US Citizenship and Immigration Services, was published as an interim final rule in the Federal Register on September 9.

The rule applies to eligible children born in the US on or after that date. To qualify, at least one parent must have been a qualifying foreign government employee at the time of the child's birth.

The new provision includes four categories of foreign government employees: foreign diplomatic officers accredited to the US, employees of foreign embassies and consulates who are nationals of their countries, individuals employed by foreign governments, and employees of international organizations that enjoy immunity in the US. This regulation expands eligibility from only children of foreign diplomatic officers, allowing eligible children to voluntarily register for a green card, thus providing them with a defined legal status.