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Green card overhaul: US to revise criteria for skilled professionals

The US is preparing a rule to redefine green card eligibility for high-skilled professionals, revising O-1A and NIW standards by January 2026

US green card, US Passport, US immigration

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Surbhi Gloria Singh New Delhi

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The US Department of Homeland Security (DHS) is drafting a new rule that could redefine how high-skilled foreign professionals qualify for employment-based green cards, according to a report by Forbes.
 
The rule, expected to be published by January 2026, will revise categories for individuals with extraordinary ability, as well as outstanding professors and researchers.
 
Rule to modernise and clarify immigration provisions
 
According to the DHS abstract, the regulation will “update provisions governing extraordinary ability and outstanding professors and researchers; modernise outdated provisions; and clarify evidentiary requirements for first preference classifications, second preference national interest waiver classifications, and physicians of national and international renown.”
 
 
In essence, the agency intends to refine eligibility and documentation standards that applicants must meet for employment-based permanent residency. The changes are expected to address inconsistencies in how evidence is interpreted and make petition reviews under the first and second employment preference categories more consistent.
 
Earlier Biden move to attract skilled talent
 
The move follows an earlier effort by the Biden administration to make it easier for foreign professionals to apply under specialised visa categories.
 
On January 21, 2022, the administration released new guidance urging employers and skilled workers to use the O-1A visa and national interest waiver (NIW) categories more effectively. The aim was to attract global talent in science, technology, and research while supporting the country’s innovation and competitiveness.
 
What the O-1A visa and NIW mean
 
The US Citizenship and Immigration Services (USCIS) describes the O-1A visa as intended for “individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry).”
 
A national interest waiver allows certain applicants in the employment-based second preference (EB-2) category to skip the PERM labour certification process — a stage that normally requires employers to show that no qualified American worker is available for the role. This waiver enables applicants to file directly for an immigrant visa if their work is deemed to benefit the national interest.
 
Sharp rise in applications since 2022
 
Following the 2022 policy update, applications for O-1A visas and NIWs have grown sharply.
 
USCIS data shows that O-1A filings rose from 7,710 in fiscal year (FY) 2021 to 10,010 in FY 2023, with approval rates remaining above 90%. Because the O-1A visa category has no annual cap, it has become a more flexible route for eligible applicants.
 
NIW applications have surged even more steeply. The National Foundation for American Policy (NFAP) reported that receipts increased by 51% between FY 2021 and FY 2022 — from 14,610 to 21,990. The upward trend continued in FY 2023, with applications climbing a further 81% to 39,810. However, approval rates have fallen during the same period.
 
Expected impact on future applicants
 
The DHS has not yet released the text of the proposed rule, but immigration experts believe the revisions may tighten evidentiary standards and increase scrutiny for those seeking permanent residency through employment.
 
While the rule could bring more consistency in decision-making, it may also raise the bar for proving extraordinary ability or national importance. “If the standards become more defined, applicants will have less room for interpretation but might face tougher documentation hurdles,” said an immigration attorney familiar with the employment-based system.
 
What happens next
 
The rule is still in the drafting stage and expected to open for public comment once published in January 2026. Employers, universities, and advocacy groups are likely to weigh in during the consultation period.

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First Published: Oct 15 2025 | 8:19 AM IST

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