USCIS Interim Rule Lets Children of Foreign Government Employees Register for Green Cards

USCIS issued an interim final rule, effective September 4, 2026, amending regulations so that U.S.-born children of non-citizen 'foreign government employees' can register for lawful permanent residence instead of being recognized as U.S. citizens. The rule implements Executive Order 14418 and broadens the prior diplomat-only category, while USCIS is also accepting public comments through October 5, 2026.

Key points

• The rule applies only to children born in the United States on or after September 4, 2026; children born earlier follow the regulations in effect at their birth.
• USCIS now defines 'foreign government employee' broadly to include ambassadors, foreign embassy or consulate staff who are nationals of that country, officials employed by a foreign government, and employees of international organizations with international-organization immunity.
• Eligible children are not recognized as U.S. citizens but may voluntarily file Form I-485 to register as lawful permanent residents, effective from their date of birth if approved.
• USCIS is revising Form I-485 and Form G-325R to reflect this new category of applicants.
• Because of a preliminary injunction in Casa Inc. v. Trump, DHS says it will not apply the rule to members of the certified class in that case unless it later obtains relief from the injunction.
• The rule is already in effect as an interim final rule, but DHS is still accepting public comments on it through October 5, 2026.

Who is affected

Non-U.S.-citizen parents working for foreign governments, embassies, consulates or certain international organizations, and their children born in the United States on or after September 4, 2026.

What to do