The process for obtaining a green card, or permanent residence, in the United States is soon set to undergo a major overhaul. New rules proposed by the Trump administration’s Department of Homeland Security (DHS) are expected to be open for public comment by January 2026.
The primary objective of these rules is to make the green card process more transparent, modern, and fair under employment-based categories, allowing truly qualified, skilled, and innovative foreign professionals to have a better opportunity to work in the United States.
Under the new rules, individuals with extraordinary ability, outstanding professors and researchers, IT engineers, doctors, scientists, and other researchers will be able to apply for a green card based on more precise standards. The government believes that the current system interprets evidence differently, leading to inconsistent application processes. Now, each applicant will have to provide more robust and precise documentation to prove their claims.
In past years, the Biden administration has attempted to attract global talent under the O-1A visa and National Interest Waiver (NIW) categories. The O-1A visa is for individuals with exceptional achievements in science, education, business, or sports, while the NIW’s EB-2 visa category simplifies the process for obtaining permanent residency if their work is in the national interest.
According to experts, if implemented, the Trump administration’s new rules will benefit Indian IT professionals, scientists, and others, but the application process may be more stringent due to stricter documentation requirements and clearer standards. This will benefit those who truly possess exceptional abilities and want to contribute to America’s innovation and competitiveness.
The draft of the proposed rule has not yet been released, but it is expected to be put out for public comment by January 2026. Companies, universities, and organizations will then be able to submit their opinions to the government.
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