The Trump administration has made green card reforms a priority, signalling changes that could affect employers, skilled workers and investors seeking permanent residence in the United States.
One key area is employment-based green cards, including EB-1, EB-2 and EB-3 categories. These are used by highly skilled professionals, researchers and employer-sponsored workers.
Mitch Wexler, senior counsellor at global immigration law firm Fragomen, explained that the proposed rules would clarify what counts as a “genuine job offer” and give immigration agencies authority to conduct site visits, as reported by TOI.
The Department of Homeland Security (DHS) outlined this plan in its first regulatory agenda for the Trump administration. The proposed rules are expected to be published in January 2026.
Increased scrutiny for employers
Immigration experts say the new rules will likely increase checks on job descriptions, recruitment practices and salary offers. Employers may need to provide more proof that a position is real and permanent. Frequent site visits and audits could also raise compliance costs for companies sponsoring green cards.
The rules would formalise current guidance on “successorship-in-interest”. If a company merges, is acquired, or restructures, the new company can continue sponsoring green cards, but only if it maintains the same job, obligations and salary. Smaller companies may struggle to meet these stricter financial and organisational requirements.
Tighter criteria for high-skill categories
Eligibility requirements for the EB-1 category (for those with extraordinary abilities or outstanding researchers) would be tightened.
Evidence requirements for EB-1 and EB-2 National Interest Waiver applications would also change, making green cards in these categories harder to obtain.
Who can apply independently?
Some green card categories allow self-petitioning. For example, individuals with extraordinary abilities in sciences, arts, education, business, or sports can file under EB-1. However, EB-1 for professors/researchers and multinational managers must be filed by an employer.
EB-2 usually requires an employer, except for the National Interest Waiver. EB-3 always requires an employer with a permanent, full-time job offer.
The US allocates only 140,000 employment-based green cards per year, with a 7% cap per country. According to the Cato Institute, the backlog for Indian EB-2 and EB-3 applicants reached 1.07 million in March 2023. Considering factors like age and death, the wait for a green card could be 54 years, or 134 years without adjustments.
Investment-based green card changes
Reforms are also coming to the EB-5 investment green card program. In November, DHS plans to publish rules implementing the EB-5 Reform and Integrity Act of 2022 and incorporate past feedback on the Regional Centre program. Fees may also rise. These reforms aim to strengthen program integrity and align rules with existing policies.