The United States has introduced a new immigration provision 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, established by the Department of Homeland Security (DHS) and US Citizenship and Immigration Services (USCIS), expands eligibility beyond children of foreign diplomats to include children of other qualifying foreign government employees.
The interim final rule, published on September 9, 2026, under Federal Register document number 2026-18345, took effect on September 4, 2026.
However, the provision applies only to children born on or after September 4, 2026. Those born before that date remain subject to the immigration regulations that were in force at the time of their birth.
Four Categories of Foreign Government Employees Covered
Under the revised regulations, a child born in the United States may qualify if neither parent is an American citizen and at least one parent belonged to one of four specified employment categories when the child was born.
According to the Federal Register, the eligible categories include:
- Foreign diplomatic officers: Individuals accredited to the United States, including ambassadors and other recognised diplomats.
- Foreign embassy and consulate employees: Employees of foreign diplomatic missions who are nationals of the country they represent.
- Official foreign government employees: Individuals working for a foreign government in an official capacity.
- Employees of qualifying international organisations: Workers employed by international organisations granted immunity in the United States.
DHS explains that children born to individuals in these categories are not considered subject to US jurisdiction for birthright citizenship purposes. As a result, they do not automatically acquire American citizenship at birth.
Previously, the registration route for lawful permanent residence was limited to children of foreign diplomatic officers. The revised rule extends the provision to the additional qualifying categories.
Who Does Not Qualify for the New US Green Card Provision?
The revised regulations do not cover everyone employed by a foreign government, embassy or international organisation.
Personal employees and attendants hired directly by individual foreign officials are excluded. These include personal assistants, chauffeurs and domestic workers.
Other excluded groups include:
- Employees of state-owned enterprises who do not hold A or G nonimmigrant visa classifications.
- Nationals of third countries working for foreign governments or at their diplomatic missions.
- Employees of international organisations without qualifying immunity granted through an executive order.
- Contractors who do not hold A or G visa classifications.
- Foreign government employees residing in the United States in a personal rather than official capacity.
This means that eligibility depends on the parent’s specific employment status and immigration classification at the time of the child’s birth.
How Children Can Apply for US Permanent Residency
Registration under the new provision is voluntary. Eligible children can apply for lawful permanent residence by filing Form I-485, officially known as the Application to Register Permanent Residence or Adjust Status, with USCIS.
The application allows qualifying children to seek green card status under the revised provision.
However, the new arrangement does not automatically grant permanent residence or American citizenship. Applicants must meet the applicable eligibility requirements and complete the USCIS application process.
Does the New Rule Grant US Citizenship to Children Born to Foreign Officials?
No. The provision creates a specific route for eligible children to register for lawful permanent residence rather than granting them American citizenship.
Children covered by the rule do not automatically become US citizens through birthright citizenship. Instead, they can apply for green cards if they meet the conditions set out in the revised regulations.
Parents and eligible applicants can consult the official Federal Register publication for the full requirements.
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