DHS Creates New Registration Process for Certain U.S.-Born Children of Foreign Government Employees

• DHS and USCIS have issued an interim final rule allowing certain children born in the U.S. to foreign government employees to voluntarily register as lawful permanent residents (green card holders), expanding a process that previously applied primarily to children of foreign diplomats. 

Proposed Rule for New Registration Process for Certain U.S.-Born Children of Foreign Government Employees 

The Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) have published an interim final rule expanding eligibility for lawful permanent resident (LPR) registration to certain children born in the U.S. to foreign government employees who are not U.S. citizens. The rule broadens an existing framework that previously applied primarily to children born to foreign diplomatic officers.  

The rule is scheduled for publication in the Federal Register on September 9, 2026, and applies prospectively to eligible children born on or after the rule’s effective date. Children born before the effective date will continue to be treated under the regulations in effect at the time of their birth.  

Expanded Definition of “Foreign Government Employee” 

Under the new rule, the term “foreign government employee” includes: 

• Foreign diplomatic officers accredited to the U.S. 
• Foreign embassy or consular employees who are nationals of the sending country 
• Individuals employed by a foreign government in an official capacity 
• Employees of international organizations that possess international organization immunity in the U.S. 

The rule also clarifies several categories that are not considered foreign government employees for these purposes, including certain contractors, third-country nationals employed by embassies, personal staff and employees of state-owned enterprises who are outside qualifying visa classifications.  

Lawful Permanent Residence Registration 

Voluntary Green Card Registration Available 

Eligible individuals can voluntarily register for lawful permanent residence by filing Form I-485. If USCIS approves the application, it will recognize the individual’s permanent resident status as effective from their date of birth.

USCIS will revise the instructions for Form I-485 and related forms to reflect the expanded eligibility category for children born to foreign government employees.  

Alternative Registration Requirement 

The rule notes that individuals who do not register as lawful permanent residents may still be subject to federal alien registration requirements and may need to file Form G-325R, Biographic Information (Registration), unless otherwise exempt.  

Applicability and Timing 

• The rule takes effect upon publication in the Federal Register. 
• The provisions apply only to children born on or after the rule’s effective date. 
• Children born before the effective date are not covered by the new requirements.  

Ongoing Litigation 

DHS noted that a preliminary injunction in Casa Inc. v. Trump may limit implementation of the rule. Unless the court modifies or lifts the injunction, DHS will not implement any provisions that conflict with the court’s order.

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