There is soon going to be a big change in the process of getting permanent residence i.e. green card in America. The new rules proposed by the Trump administration’s Department of Homeland Security (DHS) could come up for public comments by January 2026. The main objective of these rules is to make the process of getting a green card under employment-based categories more transparent, modern and fair, so that truly qualified, skilled and innovative foreign professionals can get a better opportunity to work in America.
Under the new rules, people with extraordinary ability, outstanding professors and researchers, IT engineers, doctors, scientists and other researchers will be able to apply for green cards on the basis of more precise criteria. The Government believes that the current system interprets evidence differently, making the application process inconsistent. Now every applicant will have to provide stronger and accurate documents to prove his claims.
In previous years, the Biden administration had attempted to attract global talent under the O-1A visa and National Interest Waiver (NIW) categories. The O-1A visa is for people with exceptional achievements in science, education, business or sports, while NIW’s EB-2 visa category simplifies the process of obtaining permanent residence if someone’s work falls in the national interest.
According to experts, if the new rules of the Trump government are implemented, Indian IT professionals, scientists etc. will benefit, but due to the need for more stringent documents and clear standards, the application process may also be a bit harsh. It will benefit those who have truly exceptional abilities and want to contribute to America’s innovation and competitiveness.
The draft of the proposed rule has not been released yet, but it is expected to be brought up for public comments by January 2026. After this, companies, universities and organizations will be able to present their opinions before the government.