US expands green card access for children of foreign workers

Children born in the United States to certain foreign government employees can now apply for green cards under an expanded immigration provision introduced by the US Department of Homeland Security.
The new rule extends eligibility beyond children of accredited foreign diplomats to include those whose parents work for foreign embassies, consulates, foreign governments and qualifying international organisations.

The interim final rule, published in the Federal Register on September 9, 2026, applies to eligible children born in the US on or after September 4, 2026, provided neither parent is an American citizen.
Under the provision, at least one parent must have belonged to a recognised category of foreign government employees at the time of the child's birth.

The Federal Register listed four eligible categories: foreign diplomatic officers accredited to the US; 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 enjoying immunity in the US.

The Department of Homeland Security said the expansion was designed to provide an immigration status pathway for children who do not acquire American citizenship at birth.
However, eligibility does not automatically confer permanent residence or US citizenship. Applicants must submit the required documents and secure approval from the US Citizenship and Immigration Services.

Eligible children can apply by filing Form I-485, known as the Application to Register Permanent Residence or Adjust Status.
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.
The rule does not cover everyone working for foreign governments or diplomatic missions. Personal employees of foreign officials, including domestic workers, chauffeurs and personal assistants, are not automatically eligible.

Some employees of state-owned enterprises, third-country nationals working at diplomatic missions and contractors who do not meet the qualifying conditions are also excluded.
Children born before September 4, 2026, will continue to be assessed under the immigration rules that applied at the time of their birth.
The development 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 order directed the Department of Homeland Security to establish procedures for addressing the immigration status of certain US-born children whose parents are foreign government employees and neither of whom is an American citizen.
However, implementation of the wider policy remains affected by a court injunction in Casa Inc. v. Trump. The Federal Register notice said the department would not enforce the rule against members of the certified class covered by the injunction unless the government obtained relief from the court.

The new provision therefore creates a specific route to permanent residence for eligible children while legal challenges surrounding the administration's broader citizenship policy remain unresolved.