US opens green card route for children of foreign govt workers

The United States has introduced a new immigration route allowing certain children born on American soil to foreign government employees to apply for lawful permanent residence, commonly known as a green card.

The new arrangement, introduced by the Department of Homeland Security (DHS) and the US Citizenship and Immigration Services (USCIS), extends eligibility beyond children of foreign diplomatic officers to other categories of foreign government employees.

The interim final rule, published in the Federal Register on September 9 and seen by PUNCH Online on Friday, applies to eligible children born in the United States on or after that date.

Under the new regulation, children born in the US whose parents are not American citizens may voluntarily register for permanent residence if at least one parent was a qualifying foreign government employee at the time of their birth.

According to the Federal Register, four categories of foreign government employees are covered by the new provision.

“They include foreign diplomatic officers accredited to the United States, employees of foreign embassies and consulates who are nationals of the countries they represent, individuals employed by foreign governments in an official capacity, and employees of international organisations that enjoy immunity in the United States.

“The regulation expands an existing arrangement that previously allowed children of foreign diplomatic officers to register for lawful permanent residence,” the Federal register added.

DHS explained that the expanded provision was introduced to provide an immigration status pathway for eligible children who do not acquire American citizenship at birth.

However, the new arrangement does not automatically grant eligible children US citizenship or permanent residence. Applications must be submitted and approved by the relevant immigration authorities.

How eligible children can apply

Under the new rule, eligible children can apply for lawful permanent residence by submitting Form I-485, officially known as the Application to Register Permanent Residence or Adjust Status, to USCIS.

The registration process is voluntary, although children who do not obtain permanent residence under the provision may still be required to comply with applicable US alien registration requirements.

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The regulation also makes changes to Form G-325R, Biographic Information (Registration), to accommodate the expanded categories of children covered by the policy.

Who qualifies for the new provision?

The new arrangement applies only where neither parent is a US citizen and at least one parent falls within the four recognised categories of foreign government employees at the time of the child’s birth.

It does not cover every person working for a foreign government or diplomatic mission.

For instance, personal employees hired by individual foreign officials, such as domestic workers, chauffeurs and personal assistants, are not automatically covered by the provision.

Certain employees of state-owned enterprises, third-country nationals working at foreign diplomatic missions and contractors who do not meet the qualifying requirements are also excluded.

Children born before September 4, 2026, will continue to be treated under the immigration regulations that applied when they were born.

The new policy follows Executive Order 14418, titled ‘Continuing to Protect the Meaning and Value of American Citizenship’, issued by President Donald Trump on August 6, 2026.

The executive order directed the Department of Homeland Security to establish procedures addressing the immigration status of certain US-born children whose parents are foreign government employees and neither of whom is an American citizen.

However, the implementation of the wider policy is subject to a court injunction in Casa Inc. v. Trump. The Federal Register notice states that DHS will not implement the rule against members of the certified class covered by the injunction unless the government obtains relief from the court.

The development therefore creates a specific green card registration pathway for eligible children born in the United States to certain foreign government employees, while leaving the broader debate over birthright citizenship and the legal challenges surrounding the administration’s policy unresolved.