Publishing an interim final rule on Sunday, October 18, DHS quietly broadened 8 CFR 101.3 to let certain children born in the United States to “foreign government employees”—not just accredited diplomats—register as lawful permanent residents. The change implements President Trump’s Executive Order 14418 and takes effect retroactively to September 4. Under the old regulation, only children born under full diplomatic immunity (who are not U.S. citizens at birth) could file Form I-485 to obtain a green card. The new rule swaps the term “foreign diplomatic officer” for the wider “foreign government employee,” covering embassy staff, consular workers, international-organization employees and certain official delegates. Excluded categories include domestic servants, private contractors and state-owned-enterprise workers. The policy affects a niche but important population—roughly 400 births per year, according to DHS estimates—and closes a long-criticized gap that forced such children to navigate the visa system like any other foreign national despite lifelong residence in the U.S. Employers that sponsor diplomatic missions, international banks and UN affiliates should review onboarding checklists: affected workers may seek adjustment of status for now-adult children who previously lacked a clear pathway. Practically, HR and global-mobility managers should flag the new eligibility when advising employees on family immigration, ensure payroll systems can handle potential green-card tax implications, and monitor Federal Register updates in case litigation (such as the pending Casa Inc. injunction) narrows the rule’s scope.
Source: MyGCVisa Blog
