The Trump administration has placed green card reforms squarely on its near-term agenda, signalling potential changes that could affect employers, skilled workers, and investors seeking permanent residence in the US.
One of the most closely watched proposals will relate to employment-linked green card categories (EB-1, EB-2, and EB-3), which are relied upon by highly skilled professionals, researchers, and employer-sponsored skilled workers.
Mitch Wexler, senior counsellor at Fragomen, a global immigration law firm explained that, “The proposed rule would define what constitutes a ‘bona fide job offer’ in employer-sponsored cases and outline the authority of immigration agencies to conduct site visits.”
The proposed plan of action in this regard has been outlined by the Department of Homeland Security (DHS) in the recently issued first regulatory agenda of the Trump administration. The proposed rule is slated for publication in January 2026.
Immigration experts are largely of the view that the proposed rule would translate into heightened scrutiny of job descriptions, recruitment practices, and wage offers. Employers may need to provide more documentation to prove that a role is genuine and permanent. Further, explicit authorization for USCIS for site visits means employers sponsoring green cards could face more frequent audits and workplace inspections that would push up compliance costs.
DHS’s regulatory agenda outlines that the proposed rule would also codify current policy guidance and implement administrative decisions regarding ‘successorship-in-interest’ and ability to pay, If a sponsoring employer merges, is acquired, or restructures, the new company can take over the green card process — but only if it assumes the same job offer, obligations, and pay commitments. This prevents workers from having to restart the process if their employer changes.
In this context, an immigration consultant pointed out, that “Smaller companies may find it harder to meet stricter financial and organizational thresholds that may be prescribed under the codified successorship-in-interest norms.”.
The proposed rule would also revise (tighten) eligibility criteria for EB-1 category (meant for those having extraordinary abilities and outstanding researchers). Evidentiary requirements for the EB-1, EB-2 National Interest Waiver (NIW) applications would also be revised. This would make obtaining green cards under these categories more challenging.
Individuals can file green card applications on their own only in limited cases – such as the EB-1 category meant for those with extraordinary ability in the sciences, arts, education, business, or athletics. However, EB-1 petitions for outstanding professors/researchers and multinational managers must be filed by an employer.
The EB-2 category (meant for professionals with advanced degrees or exceptional ability) generally requires an employer sponsor and a job offer, but if applying under National Interest Waiver, an individual can self-petition without employer sponsorship The EB-3 category (meant for skilled workers with at least two years of experience, professionals with a bachelor's degree) always requires an employer sponsor and a permanent, full-time job offer.
Annually the US sets aside only 1.40 lakh green cards for employment-based applicants and there is a 7% per country cap. According to a study by Cato Institute, the employment based green card backlog from India (EB-2 and EB-3 skilled category) has reached 10.7 lakh in March 2023. If factors such as death and ageing out are considered (which will lead to these individuals dropping from the backlog statistics) the wait for a green card is 54 years, else it is a whopping 134 years.
Changes are also in store for the EB-5 program or investment linked green card program. In Nov, DHS is expected to publish rules implementing the EB-5 Reform and Integrity Act of 2022 and incorporate feedback from a 2017 public consultation on the Regional Center program. A separate rule is also likely to increase fees.
DHS says the reforms are intended to strengthen the integrity of these green card programs, and align regulations with existing policy guidance and administrative decisions.
Wexler adds that the regulatory agendas are an early indication of policy direction: most proposals must first be published in draft form, followed by a 30- to 60-day public comment period. Agencies are required to review feedback before issuing final rules, which also need clearance from the Office of Management and Budget — a process that typically takes several months. In urgent circumstances, interim or temporary rules may be implemented on an expedited basis.
One of the most closely watched proposals will relate to employment-linked green card categories (EB-1, EB-2, and EB-3), which are relied upon by highly skilled professionals, researchers, and employer-sponsored skilled workers.
Mitch Wexler, senior counsellor at Fragomen, a global immigration law firm explained that, “The proposed rule would define what constitutes a ‘bona fide job offer’ in employer-sponsored cases and outline the authority of immigration agencies to conduct site visits.”
The proposed plan of action in this regard has been outlined by the Department of Homeland Security (DHS) in the recently issued first regulatory agenda of the Trump administration. The proposed rule is slated for publication in January 2026.
Immigration experts are largely of the view that the proposed rule would translate into heightened scrutiny of job descriptions, recruitment practices, and wage offers. Employers may need to provide more documentation to prove that a role is genuine and permanent. Further, explicit authorization for USCIS for site visits means employers sponsoring green cards could face more frequent audits and workplace inspections that would push up compliance costs.
DHS’s regulatory agenda outlines that the proposed rule would also codify current policy guidance and implement administrative decisions regarding ‘successorship-in-interest’ and ability to pay, If a sponsoring employer merges, is acquired, or restructures, the new company can take over the green card process — but only if it assumes the same job offer, obligations, and pay commitments. This prevents workers from having to restart the process if their employer changes.
In this context, an immigration consultant pointed out, that “Smaller companies may find it harder to meet stricter financial and organizational thresholds that may be prescribed under the codified successorship-in-interest norms.”.
The proposed rule would also revise (tighten) eligibility criteria for EB-1 category (meant for those having extraordinary abilities and outstanding researchers). Evidentiary requirements for the EB-1, EB-2 National Interest Waiver (NIW) applications would also be revised. This would make obtaining green cards under these categories more challenging.
Individuals can file green card applications on their own only in limited cases – such as the EB-1 category meant for those with extraordinary ability in the sciences, arts, education, business, or athletics. However, EB-1 petitions for outstanding professors/researchers and multinational managers must be filed by an employer.
The EB-2 category (meant for professionals with advanced degrees or exceptional ability) generally requires an employer sponsor and a job offer, but if applying under National Interest Waiver, an individual can self-petition without employer sponsorship The EB-3 category (meant for skilled workers with at least two years of experience, professionals with a bachelor's degree) always requires an employer sponsor and a permanent, full-time job offer.
Annually the US sets aside only 1.40 lakh green cards for employment-based applicants and there is a 7% per country cap. According to a study by Cato Institute, the employment based green card backlog from India (EB-2 and EB-3 skilled category) has reached 10.7 lakh in March 2023. If factors such as death and ageing out are considered (which will lead to these individuals dropping from the backlog statistics) the wait for a green card is 54 years, else it is a whopping 134 years.
Changes are also in store for the EB-5 program or investment linked green card program. In Nov, DHS is expected to publish rules implementing the EB-5 Reform and Integrity Act of 2022 and incorporate feedback from a 2017 public consultation on the Regional Center program. A separate rule is also likely to increase fees.
DHS says the reforms are intended to strengthen the integrity of these green card programs, and align regulations with existing policy guidance and administrative decisions.
Wexler adds that the regulatory agendas are an early indication of policy direction: most proposals must first be published in draft form, followed by a 30- to 60-day public comment period. Agencies are required to review feedback before issuing final rules, which also need clearance from the Office of Management and Budget — a process that typically takes several months. In urgent circumstances, interim or temporary rules may be implemented on an expedited basis.
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