Changes Ahead for Employment-Based Green Cards: Impact on Foreign Workers
Understanding the Green Card for Workers
The Green Card is a crucial document issued by the U.S. government, allowing foreign workers to reside permanently in the country. This card not only permits individuals to live and work freely but also paves the way for potential U.S. citizenship. However, recent proposals from the Trump administration aim to impose stricter regulations on employment-based Green Cards, which may significantly impact Indian professionals.
Proposed Changes to Eligibility Criteria
As reported by a leading financial publication, the Department of Homeland Security (DHS) is set to unveil a new rule that could alter the eligibility requirements for employment-based Green Cards aimed at high-skilled foreign workers. This proposal is anticipated to be released by January 2026 and may redefine the criteria for those with exceptional abilities, as well as for professors and researchers with distinguished qualifications.
Key Changes in the Proposed Rule
The DHS summary indicates that the forthcoming rule will modernize the provisions for workers with exceptional skills and highly qualified academics. It will also clarify the criteria for First Preference Classification, National Interest Waiver Classification (NIW), and renowned physicians, both nationally and internationally.
Essentially, the government intends to revise the eligibility and documentation requirements that foreign workers must fulfill to secure employment-based permanent residency. This means that while some categories of workers previously enjoyed easier access to Green Cards, they will now face stricter documentation and evidence requirements under the new regulations.
Who Will Be Affected?
According to the U.S. Citizenship and Immigration Services (USCIS), O-1A visas are designated for individuals with exceptional abilities in various fields, including science, education, business, and athletics, allowing them to work in the U.S. One of the advantages of this visa is that it does not necessitate job sponsorship from an employer, enabling recipients to obtain a Green Card without extensive delays.
Additionally, individuals entering the U.S. under the National Interest Waiver (NIW) for the benefit of the country are also eligible for Green Cards. This category includes professors, researchers, business professionals, athletes, and scientists, who are among the primary beneficiaries of these provisions.