The United States Department of Homeland Security (DHS) has expanded the circumstances under which certain children born in the United States to foreign government employees may qualify for lawful permanent residence.
The new rule, which took effect on September 4, 2026, broadens an existing immigration provision that previously focused primarily on children born in the United States to foreign diplomatic officers.
Who may qualify?
Under the interim final rule, a child may be eligible to register for permanent residence where:
- The child was born in the United States on or after September 4, 2026;
- Neither parent is a U.S. citizen; and
- At least one parent was a qualifying foreign government employee at the time of the child's birth.
DHS has replaced the narrower reference to diplomatic officers with the broader category of “foreign government employee.”
The expanded category covers certain employees of foreign embassies and consulates who are nationals of the country they represent, individuals officially employed by foreign governments and certain employees of international organisations who have immunity in the United States.
Not every foreign government employee is covered
The rule does not automatically apply to everyone employed by a foreign government.
DHS excludes several categories, including certain personal employees or attendants of foreign officials, some employees of state-owned enterprises, third-country nationals working for foreign governments, certain contractors and foreign government employees who are visiting the United States in a personal capacity.
Applicants therefore need to determine whether the parent's employment falls within the specific category recognised under the new rule.
How can eligible children apply?
Eligible children may seek permanent residence by filing Form I-485, Application to Register Permanent Residence or Adjust Status.
DHS is also updating its immigration forms to reflect the new terminology. The previous reference to children “born in the United States under diplomatic status” is being replaced with language referring to individuals born to a foreign government employee in the United States.
What happens if the child does not apply for permanent residence?
DHS said children who do not acquire U.S. citizenship at birth and do not register for permanent residence may instead be subject to federal alien-registration requirements.
The department is therefore also updating Form G-325R to account for children who fall into this category.
Federal court injunction affects implementation
Although the rule took effect on September 4, 2026, its implementation is currently affected by a federal court injunction in Casa Inc. v. Trump.
DHS said it will not implement the regulation against members of the certified class covered by the injunction unless the government obtains relief from the court.
This means the practical application of the new rule may depend on the outcome of the ongoing court proceedings.
Important date
The new provision applies to children born on or after September 4, 2026.
Parents who believe their child may qualify should carefully review the eligibility requirements and the current court order before submitting an immigration application.
Note: Immigration rules can be complex and individual circumstances may affect eligibility. Applicants should rely on official DHS/USCIS information or obtain advice from a qualified U.S. immigration attorney before filing.
U.S. Changes Green Card Rules for Some Children Born to Foreign Government Employees
A new U.S. immigration rule has expanded a pathway to lawful permanent residence for certain children born in the United States to foreign government employees.
The rule took effect on September 4, 2026, and broadens the previous provision that mainly covered children born to foreign diplomatic officers.
The new category can cover certain foreign embassy and consulate employees, qualifying foreign government employees and some employees of international organisations with immunity in the U.S.
However, working for a foreign government does not automatically qualify a child. DHS specifically excludes several categories of workers, including certain contractors, personal employees of foreign officials, some state-owned enterprise employees and third-country nationals working for foreign governments.
Eligible children may apply for permanent residence using Form I-485.
There is also an important legal complication: implementation of the rule is currently affected by a federal court injunction in Casa Inc. v. Trump. DHS has stated that it will not enforce the regulation against members of the certified class covered by that injunction unless the government obtains relief from the court.
The rule applies to children born on or after September 4, 2026, but families should check the latest USCIS/DHS guidance and the status of the court injunction before taking action.
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