DHS Plans Major Employment-Based Green Card Reforms for 2026

The Department of Homeland Security (DHS), through U.S. Citizenship and Immigration Services (USCIS), has listed a forthcoming rule titled “Petition for Immigrant Worker Reforms” (RIN 1615-AC85) in its Spring 2025 Unified Regulatory Agenda. 

According to that listing, DHS intends to propose updates to employment-based green card regulations covering the EB-1, EB-2, and EB-3 categories. 

It’s important to know that the actual rule hasn’t been released yet. DHS has listed it in the federal regulatory agenda as a planned proposal, with a draft publication expected in January 2026. Once that draft is published, the public will have a period to review and comment before the agency finalizes any changes.

“It’s easy to see a headline like this and assume big changes are already here,” says Nicole Gunara, Principal Immigration Attorney at Manifest Law. “In reality, this is a long-term proposal that has not been solidified. DHS’s goal seems to be to make the U.S. immigration system more consistent and predictable. For strong cases, that could be welcome news.”

What the new rule is expected to change for EB-1s, EB-2s, and beyond

According to DHS’s summary in the Spring 2025 Unified Regulatory Agenda, the Petition for Immigrant Worker Reforms rule aims to modernize how the government evaluates and administers employment-based immigrant petitions. The proposal outlines several areas of reform:

1. Codifying existing USCIS policy guidance

Many key standards for employment-based petitions currently live in the USCIS Policy Manual, not in federal regulation. The new rule would move these long-standing internal policies into the official regulatory text. Examples include: 

• Successorship in interest: What happens when one company acquires or merges with another and assumes immigration obligations.
• Ability to pay: The evidence an employer must provide to show it can pay the offered wage.

By formally writing these principles into law, DHS aims to create more consistent and predictable USCIS decisions on employment-based Green Card petitions. 

2. Clarifying EB-1A, EB-1B, EB-2 NIW evidentiary requirements

The rule also seeks to clarify what kinds of documentation are required for specific immigrant classifications, including EB-1A, EB-1B, EB-2 NIW, and physicians of national or international renown.

Right now, officers interpret these requirements through policy memos and precedent decisions such as Matter of Dhanasar. Codifying these evidentiary standards would give USCIS officers a clearer checklist for evaluating petitions. The intention is likely to reduce room for subjective interpretation and help cases move more consistently and efficiently through the system.

3. Updating outdated provisions

Many of the rules for employment-based green cards were written more than 30 years ago. Back then, companies looked very different. Startups weren’t raising global capital. Remote work barely existed. Contractors and cross-border teams were rarely, if ever, part of the system.

DHS’s new rule would update parts of the federal immigration regulations so they reflect how businesses actually operate today, instead of relying on language written for a 1980s-era workplace. 

4. Strengthening program integrity

According to what is listed at Reginfo.gov, DHS also plans to reinforce oversight and fraud prevention by:

• Defining what qualifies as a bona fide job offer,
• Clarifying site visit authority for immigrant petitions (similar to H-1B compliance checks), and
• Expanding internal integrity and verification tools.

These measures are meant to ensure petitions reflect legitimate employment relationships without adding unnecessary burden for compliant employers.

5. Correcting technical errors

Finally, DHS notes it will fix typographical and cross-reference errors in the regulations that have caused confusion in past adjudications.

What happens next with DHS’s proposed EB-1, EB-2 changes 

When it comes to immigration policy, things rarely shift overnight. The government has to go through a long, public process before any new rule takes effect. Each step gives employers, applicants, and the public a chance to review the proposal and share feedback.

For this proposal, here’s what is expected to happen next:

What this means for skilled immigrants and employers

If you’re an employer or a skilled immigrant, this news doesn’t change anything about the Green Card process yet. For now, it’s most important to stay organized and informed. 

In the meantime, here are a few tips from Manifest Law’s Principal Immigration Attorney, Nicole Gunara: 

• Employers should review their immigration-related strategies, opting to accelerate cases that would benefit with the existing system while exploring methods to improve evidence on behalf of their employees. 
• Individuals pursuing EB-1 or NIW petitions can keep building strong evidence: publications, media, letters, or proof of national impact – with an eye directly on higher quality of evidence; think “proofs of the proof.”
• Everyone should watch for the draft rule in late fall to early 2026 and plan to review or comment once it’s released.

Should I file now, or file later?

DHS’s recent updates focus on clarity and modernization, not restriction. The goal is to make long-standing policies official and ensure officers apply them consistently, which can be great news for strong, well-prepared cases.

That said, U.S. immigration policy is always evolving. Think of it like waiting at the DMV: the earlier you take your ticket, the sooner you’ll reach the front of the line; even if the process moves slowly. Filing your EB-1A or EB-2 NIW Green Card application now puts you in the queue ahead of future applicants, so when your turn comes, you’re already well-positioned.