DHS Plans Major Updates to Employment-Based Green Card Rules

U.S. Citizenship and Immigration Services (USCIS), under the Department of Homeland Security (DHS), has announced plans to overhaul regulations governing employment-based green card petitions. These updates, expected through a Notice of Proposed Rulemaking (NPRM) in early 2026, would impact the EB-1, EB-2, and EB-3 categories, the main pathways for foreign nationals to secure permanent residency based on their employment.

The forthcoming rule, titled the Petition for Immigrant Worker Reforms (RIN 1615-AC85), is attempting to modernize outdated provisions, codify long-standing policies, and strengthen program integrity. While no immediate changes are in effect, the proposed rule signals the most significant regulatory update to employment-based petitions in years.

Major Expected Green Card Changes

Codifying Policy Guidance

Over the years, USCIS has relied on internal policy memos to interpret issues like “successorship in interest” (when one company takes over another and assumes immigration obligations) and “ability to pay” standards. Under the new rule, these principles will be moved into formal regulation, giving them greater weight and consistency.

Clarifying Evidentiary Standards

The proposed rule will likely spell out more detailed evidentiary requirements for specific employment-based green card categories, including:

• EB-1 Extraordinary Ability applicants, such as researchers, artists, and business leaders.
• EB-1 Outstanding Professors and Researchers.
• EB-2 National Interest Waiver (NIW) applicants, where the individual’s work must serve U.S. national interests.
• Physicians of national or international renown.

This clarification may benefit well-prepared applicants but could make it harder to succeed without strong documentation.

Modernization of Regulations

Many employment-based green card provisions have not kept up with today’s business practices. The rule is expected to update outdated terms, align with USCIS case law, and reflect current workplace realities.

Program Integrity Reforms

USCIS is expected to increase oversight to prevent fraud and strengthen compliance. Changes may include:

• A clearer definition of what qualifies as a “bona fide job offer.”
• Formalized site-visit authority for I-140 petitions, similar to existing H-1B compliance visits.
• Expanded fraud detection and integrity checks.

Technical Corrections

The rule will also fix regulatory text errors and omissions that have created confusion in past adjudications.

Timeline for Employers and HR Teams

• Fall 2024: DHS first noted the reform in the federal Unified Agenda.
• September 2025: Updated timeline pushed NPRM release to January 2026.
• Early 2026: Once the NPRM is published in the Federal Register, the public will have 30-60 days to submit comments.
• Final Rule: After the comment period, DHS will revise and finalize the rule. Practical changes will likely take effect later in 2026.

Bottom line: nothing changes yet, but employers should prepare now.

What Employers and HR Teams Should Do Now

Monitor Developments

Pay close attention to the Federal Register and USCIS updates as the NPRM moves forward. Early awareness will give employers more time to adapt policies before new compliance requirements take effect.

Audit Current I-140 Practices

Employers should review their “ability to pay” documentation and successorship records to ensure they are consistent and thorough. Many denials occur because employers fail to demonstrate financial ability to support the offered wage.

Prepare for Site Visits

The rule is expected to expand DHS’s site-visit authority to include I-140 petitions. Employers should be ready for potential inspections, which may involve verifying company operations, confirming the offered role, and reviewing immigration-related records.

Plan for Evidentiary Updates

Foreign nationals seeking green cards under EB-1 extraordinary ability or EB-2 NIW should expect heightened evidentiary standards. Employers and employees should begin gathering documentation like publications, awards, expert letters, or proof of national interest well in advance.

As Managing Partner Rosanna Berardi, Esq., explains:

“This is one of the most important employment-based immigration updates we’ve seen in years. Employers need to view compliance as more than a box to check. With new site visits, stricter evidentiary standards, and codified guidance, preparation will be the key to success.”

FAQs: Immigrant Worker Petition Reforms

Do these changes affect current petitions?
No. The proposed rule has not yet been published and does not affect petitions currently pending or approved. Changes will only take effect after DHS finalizes the rule in 2026.

Will the reforms make it harder to get a green card?
Not necessarily, but the evidentiary standards will likely become more precise. Applicants and employers who are well-prepared may benefit from clearer rules, while those with weak documentation may face greater challenges.

What should foreign nationals do now?
Individuals seeking employment-based green cards should work with their employer and an experienced immigration attorney to gather strong evidence, maintain records, and stay informed as the proposed rule develops.

Preparing for 2026 and Beyond

The upcoming Petition for Immigrant Worker Reforms represents a sweeping modernization of employment-based immigration. While the changes are still in draft form, they signal that DHS and USCIS are moving toward greater oversight, clearer evidentiary standards, and stricter compliance for employers.

For businesses, this is the right time to audit current practices, strengthen internal documentation, and prepare for site visits. For foreign nationals, it means gathering strong supporting evidence and staying proactive.

At Berardi Immigration Law, our team is here to guide employers, HR professionals, and individuals through every step of the process. Whether you’re filing an I-140, preparing for a site visit, or planning long-term workforce strategies, we can help you navigate this evolving landscape with confidence. Click here to book a consultation from a member of our team.