Green card process set for overhaul? DHS proposes stricter rules for high-skilled foreign workers

The U.S. Department of Homeland Security (DHS) is taking significant steps to overhaul its employment-based green card system, with a new rule expected to redefine how high-skilled foreign professionals qualify for permanent residency. The proposed changes, which could be published by January 2026, aim to modernise provisions for individuals with extraordinary abilities, outstanding professors, and researchers, with the intention to create a more consistent and rigorous green card process.

The revisions are designed to ensure that the immigration process remains fair, transparent, and aligned with the U.S. commitment to attracting top global talent.

As the DHS’s abstract explains, the new rule would “update provisions governing extraordinary ability and outstanding professors and researchers; modernise outdated provisions; and clarify evidentiary requirements for first preference classifications, second preference national interest waiver (NIW) classifications, and physicians of national and international renown.”

This proposed rule is part of a broader effort by the Biden administration to refine the process for foreign professionals looking to apply for employment-based green cards.

Following the administration’s 2022 push to boost talent in science, technology, and research, new guidance encouraged employers to make greater use of the O-1A visa and NIW categories.

O-1A Visa and NIW Surge

The O-1A visa is a non-immigrant visa for individuals with extraordinary ability in fields such as science, education, business, or athletics (excluding the arts, motion pictures, and television). This visa allows high-achieving professionals to work in the U.S. based on their expertise.

The National Interest Waiver (NIW) categories, under the EB-2 employment-based green card, allow foreign nationals with advanced degrees or exceptional abilities in areas like science, technology, and healthcare to bypass the usual labour certification process if their work benefits the U.S. national interest.

Data from U.S. Citizenship and Immigration Services (USCIS) reflects the success of these changes, with a notable surge in applications since 2022. O-1A visa filings increased from 7,710 in FY 2021 to 10,010 in FY 2023, maintaining an approval rate above 90%.

Similarly, the National Interest Waiver (NIW) program saw a 51% jump in applications between FY 2021 and FY 2022, climbing to 39,810 in FY 2023. This growing demand has led to rising interest in bypassing traditional labour certification processes for individuals who demonstrate significant contributions to national interests.

Implications for Future Applicants

The final rule, which remains in its drafting phase, is expected to open for public comment once it’s published in January 2026. During this period, universities, employers, and advocacy groups are likely to weigh in on the proposed changes. While the revisions could bring greater consistency to the decision-making process, they could also lead to higher standards for those seeking permanent residency based on their extraordinary skills or contributions to national interests.