The US introduces a green card registration route for eligible children born to certain foreign government employees, subject to legal restrictions

The United States Department of Homeland Security (DHS) has introduced a new immigration provision allowing certain children born on American soil to foreign government employees to register for lawful permanent residence, commonly known as a green card.

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The interim final rule, issued through the US Citizenship and Immigration Services (USCIS) and published in the Federal Register on September 9, 2026, extends an existing arrangement beyond children of foreign diplomatic officers to cover other qualifying categories of foreign government employees.

Under the provision, eligible children may voluntarily apply for permanent residence if neither parent is a United States citizen and at least one parent met the definition of a qualifying foreign government employee when the child was born.

The rule is effective from September 4, 2026, and applies to eligible children born in the United States on or after that date. Children born before then remain subject to the immigration regulations that applied at the time of their birth.

The Federal Register identifies four categories of employees covered by the expanded provision:

– Foreign diplomatic officers accredited to the United States.
– Employees of foreign embassies and consulates who are nationals of the countries they represent.
– Individuals employed by foreign governments in an official capacity.
– Employees of international organisations that enjoy immunity in the United States.

However, the provision does not cover everyone working for a foreign government or diplomatic mission.

Personal employees of foreign officials, including domestic workers, chauffeurs and personal assistants, are excluded. Certain employees of state-owned enterprises, third-country nationals working at foreign missions and contractors who do not meet the qualifying conditions are also not automatically eligible.

Under the new arrangement, qualifying applicants can seek permanent residence by submitting **Form I-485**, officially known as the Application to Register Permanent Residence or Adjust Status, to USCIS.

The registration is voluntary. However, children who do not apply for permanent residence under the provision may still be required to comply with applicable US alien registration requirements, including filing Form G-325R where required.

The policy does not automatically grant citizenship or a green card. Applicants must meet the eligibility conditions and obtain approval from the relevant immigration authorities.

The new rule follows Executive Order 14418, titled *Continuing to Protect the Meaning and Value of American Citizenship*, issued by President Donald Trump on August 6, 2026.

The executive order directed DHS to establish procedures for certain US-born children whose parents are foreign government employees and neither of whom is an American citizen.

However, implementation is subject to a preliminary injunction in *Casa Inc. v. Trump*, a legal challenge to the administration’s wider birthright citizenship policy.

USCIS guidance says it will not implement the relevant provisions against members of the certified class covered by the injunction, or take action that conflicts with the court’s order, unless the government obtains relief from the injunction.

The court action means the new immigration provision should not be interpreted as an unrestricted or universally available route for all children born in the United States to foreign government employees.

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The development forms part of the Trump administration’s broader effort to change how US citizenship at birth is applied to certain categories of children. The policy and its legal challenges leave important questions about birthright citizenship unresolved.