Understanding the Proposed Changes to Employment-Based Green Cards
The U.S. Department of Homeland Security (DHS) is preparing to implement significant changes to the employment-based green card system, aiming to modernize and clarify eligibility and evidentiary requirements for high-skilled foreign professionals. These proposed changes, expected to be published by January 2026, could reshape how individuals with extraordinary abilities and outstanding professors/researchers qualify for permanent residency in the United States.
Key Proposed Changes
1. Revised Eligibility Criteria
DHS plans to update provisions governing extraordinary ability and outstanding professors and researchers. The proposed rule seeks to modernize outdated provisions and clarify evidentiary requirements for first preference classifications, second preference national interest waiver classifications, and physicians of national and international renown.
2. Increased Scrutiny for Employers
The new rule may impose stricter oversight on employers seeking to sponsor foreign workers for green cards. This includes providing greater scrutiny for employers that have violated program requirements and increasing oversight over third-party placements. The aim is to improve the integrity of the employment-based green card program and better protect U.S. workers' wages and working conditions.
3. Codification of Existing Policy Guidance
USCIS intends to codify existing policy guidance, providing clearer and more consistent standards for adjudicating employment-based green card petitions. This move is expected to reduce ambiguity and enhance transparency in the application process.
Implications for Applicants
These proposed changes could have significant implications for individuals seeking employment-based green cards:
Increased Documentation Requirements: Applicants may need to provide more comprehensive evidence to demonstrate their qualifications and eligibility.
Longer Processing Times: The additional scrutiny and documentation could lead to longer processing times for green card applications.
Potential for Increased Denials: Stricter eligibility criteria and increased scrutiny may result in a higher rate of application denials.
Next Steps
As the proposed rule is finalized and implemented, it is crucial for potential applicants to stay informed about the changes and prepare accordingly. Consulting with immigration professionals and reviewing the latest guidance from USCIS can help ensure a smooth application process.
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