US opens green card route for children of foreign govt workers

The United States has launched a new immigration pathway enabling specific children born in the country to certain foreign government employees to apply for lawful permanent residence, or a green card. The Department of Homeland Security (DHS) and US Citizenship and Immigration Services (USCIS) announced this expanded provision on September 9, with the final rule published in the Federal Register.

The rule extends eligibility beyond children of foreign diplomatic officers to cover four categories of foreign government employees: those accredited by foreign embassies, consulates, employees of foreign governments in official capacities, and staff of international organizations with immunity in the United States.

To be eligible, neither parent must be a US citizen, and at least one parent must fall within one of the four recognized categories of foreign government employees at the time of the child's birth. Children born in the US on or after this date can voluntarily apply for permanent residence if their parents meet these criteria. However, the new measure does not automatically grant US citizenship or permanent residence; applicants must submit and receive approval from the relevant immigration authorities.

The new rule also modifies Form G-325R, Biographic Information (Registration), to accommodate these additional categories. Eligible children can apply by submitting Form I-485, Application to Register Permanent Residence or Adjust Status, to USCIS. The regulation does not cover every individual working for a foreign government or diplomatic mission, such as personal employees hired by individual foreign officials, state-owned enterprise personnel, or contractors who do not meet the qualifying requirements.

The policy adjustment stems from Executive Order 14418, issued by President Donald Trump on August 6, 2026, directing DHS to establish procedures addressing the immigration status of certain US-born children whose parents are foreign government employees and neither of whom is a citizen. The new provision follows the enforcement of a court injunction in Casa Inc. v. Trump, which restricts the implementation of the rule against members of the certified class covered by the injunction until further court relief is obtained.