The pathway to securing a US Green Card — one of the most sought-after residency statuses in the world — may soon become more complex for foreign professionals. The Trump administration is reportedly preparing new regulations that could make it tougher for skilled foreign workers, including many from India, to qualify for employment-based Green Cards.
According to a recent Forbes report, the Department of Homeland Security (DHS) is working on a proposed rule aimed at revising eligibility standards for highly skilled professionals, professors, and researchers who currently enjoy relatively straightforward access to US permanent residency.
The rule is expected to be officially published by January 2026, marking one of the most significant changes to employment-based immigration in recent years.
What Is a US Employment-Based Green Card?
A Green Card, officially known as a Permanent Resident Card, allows foreign nationals to live and work permanently in the United States.
Employment-based Green Cards are issued to skilled foreign workers who have been offered jobs in the US or can demonstrate extraordinary ability in their field.
For many, a Green Card also serves as the first step toward US citizenship, opening up opportunities for stable residence, professional freedom, and access to benefits similar to those enjoyed by American citizens.
However, with the Trump administration’s renewed focus on tightening immigration controls, the rules around who qualifies for these Green Cards may soon change.
What Changes Is the US Government Planning?
According to DHS, the proposed rule seeks to modernize and redefine the eligibility criteria for certain employment-based Green Card categories.
These include individuals who apply under:
- EB-1 (First Preference Classification) — for people of extraordinary ability in science, arts, education, business, or athletics.
- EB-2 National Interest Waiver (NIW) — for professionals whose work benefits the United States significantly.
- Professors and Researchers with recognized international achievements.
- Physicians known for their national or international contributions in healthcare or research.
Under the new proposal, applicants in these categories may be required to submit additional documentation and evidence to prove their qualifications and the importance of their work to US interests.
In essence, the DHS wants to ensure that only the most exceptional and verifiable candidates qualify for Green Cards under these categories.
Why Is the Trump Administration Making These Changes?
The Trump administration has been vocal about tightening immigration policies to prioritize American workers and national interests.
While employment-based immigration plays a vital role in the US economy, the administration argues that some visa and Green Card programs have been misused or inconsistently applied, allowing less-qualified candidates to enter the system.
By revising these rules, the DHS aims to:
- Prevent misuse of visa categories.
- Improve consistency in how applications are evaluated.
- Ensure that only truly exceptional individuals receive employment-based Green Cards.
- Align immigration priorities with economic and national interests.
These changes reflect a broader immigration crackdown, with the government reviewing everything from temporary worker visas to student permit extensions and visa fee structures.
Who Will Be Most Affected by the New Rule?
The proposed Green Card rule will primarily impact highly skilled foreign professionals — many of whom are Indian nationals working in the US technology, research, and education sectors.
Here’s a breakdown of who could be affected:
1. O-1A Visa Holders
The O-1A visa is designed for individuals with extraordinary ability in science, education, business, or athletics.
These professionals are often self-sponsored and do not require a company’s sponsorship to work in the US.
One of the biggest advantages of the O-1A visa has been its direct pathway to a Green Card under the EB-1 category.
However, the proposed rule may now require O-1A holders to submit more proof of extraordinary ability — such as published research, national awards, or significant professional recognition — before they can qualify for permanent residency.
This could make the process longer and more competitive.
2. National Interest Waiver (NIW) Applicants
The National Interest Waiver (NIW) category allows individuals to obtain a Green Card without employer sponsorship if their work is considered beneficial to the United States.
This visa is commonly used by scientists, researchers, entrepreneurs, and professionals who can demonstrate that their contributions significantly advance the US economy, education, health, or technology sectors.
Under the proposed changes, NIW applicants may face tighter documentation requirements to prove how their work directly serves the “national interest.”
3. Professors, Researchers, and Academics
University professors, teachers, and researchers are among those who may face more scrutiny under the new rules.
Currently, internationally recognized academics with publications, research projects, or industry awards often qualify for the EB-1 or EB-2 Green Card relatively smoothly.
But under the revised framework, they might have to provide additional proof of their impact — such as global citations, patents, and measurable research outcomes — to maintain eligibility.
4. Physicians and Scientists
The rule will also clarify the standards for nationally and internationally renowned physicians applying for permanent residency.
This change could impact foreign doctors and researchers working in the United States under special programs or research grants.
The DHS intends to ensure that only those with verifiable, exceptional achievements continue to qualify for fast-track Green Card consideration.
How This Affects Indian Professionals
India is consistently the largest source of employment-based Green Card applicants in the United States.
Hundreds of thousands of Indian engineers, IT professionals, and researchers are waiting in the Green Card backlog, some for more than a decade due to per-country limits.
If the new rule introduces tighter documentation standards or changes to eligibility, many Indian applicants may face delays or rejections, even if they meet existing criteria.
Immigration experts believe that while these rules aim to promote merit-based immigration, they could also make the system more restrictive and less predictable for international talent.
When Will the New Rules Take Effect?
The DHS is currently drafting the regulation and is expected to publish it by January 2026.
Once published in the Federal Register, the rule will undergo a public comment period, during which stakeholders, immigration lawyers, and the public can submit feedback.
After reviewing comments, the government will finalize the rule — a process that could take several months.
This means changes could start impacting Green Card applicants as early as late 2026 or 2027.
Key Takeaway: Stricter Rules Ahead for Skilled Workers
The proposed changes are part of the Trump government’s broader effort to reshape the US immigration system, prioritizing stricter vetting and reduced inflows of foreign professionals.
While the new rules aim to “modernize” existing categories, they may also raise barriers for those seeking a faster or simpler path to permanent residency.
For now, skilled professionals, researchers, and Indian nationals applying for employment-based Green Cards should prepare for more paperwork, higher scrutiny, and longer processing times once the new rule comes into effect.
Staying updated with official USCIS and DHS announcements will be crucial for anyone planning to live and work in the United States permanently.
