The U.S. Department of Homeland Security (DHS) is preparing to introduce a new rule that could tighten eligibility for employment-based green cards, especially for high-skilled foreign professionals.
According to a Forbes report, the proposal aims to revise how individuals with extraordinary ability, outstanding professors, and researchers qualify for permanent residency. The rule could be published as early as January 2026.
What’s Changing
DHS says the rule will “modernize and clarify” the requirements for employment-based immigration. In plain terms, this means the U.S. government plans to redefine the evidence and documentation needed to prove eligibility for a green card.
While the changes are meant to make the process more consistent, immigration experts warn that they could raise the bar for approval, making it harder for applicants to demonstrate their qualifications.
If you’ve been planning to apply for a U.S. employment-based green card, waiting could make your journey much tougher.
Why This Matters
This move comes after several years of efforts to attract global talent and strengthen U.S. competitiveness. However, the upcoming rule signals a shift toward stricter review standards and more demanding documentation requirements.
In other words, the process may soon require more proof, more time, and more scrutiny than ever before.
Potential Impact on Applicants
Although the full text of the rule hasn’t been released, experts believe it will lead to:
- Higher evidentiary standards for applicants seeking employment-based permanent residency.
- Closer scrutiny of documents and qualifications.
- Possible delays as adjudicators adjust to new requirements.
While modernization may clarify some procedures, it could also create new compliance challenges for both applicants and employers.
What Comes Next
The rule is still in the drafting phase and is expected to be published in January 2026. Once it’s released, it will be open for public comment before any final version takes effect.
However, by that time, the current, more flexible criteria may no longer apply — and those who wait could face a much tougher approval process.
If you have an EAD card that is expiring then its imperative that you renew it on time.
If you are already a green card holder and your card is expiring or expired make sure to renew it on time. If you have a temporary Green Card that requires to be changed to be a permanent one, then apply for removal of conditions on your green card when eligible.
