DHS Plans Major Employment-Based Green Card Reforms for 2026

[Sucker]

DHS plans to update employment-based green card rules in 2026, clarifying standards for EB-1, EB-2, and EB-3 petitions. Here’s what’s changing, what’s not, and how to prepare.

 

he 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.”

[Sucker]

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:

Stage	What It Means	Estimated Date
Spring 2025	DHS adds the rule (Petition for Immigrant Worker Reforms, RIN 1615-AC85) to the Unified Regulatory Agenda.	✅ Completed
January 2026	DHS plans to publish the draft rule (Notice of Proposed Rulemaking) in the Federal Register.	📅 Upcoming
Early 2026	The public can review the draft and submit comments (usually open for 30-60 days).	⏳ Comment period
Mid-Late 2026	DHS reviews feedback, revises the text, and issues a final rule.	⚖️ Implementation stage
After publication	New requirements take effect. Current petitions remain under existing rules until then.	🔹 Late 2026 or later

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.

[Sucker]

https://manifestlaw.com/blog/immigration/news/dhs-plans-major-employment-based-green-card-reforms-for-2026/

[JANASENA1]

✅ Old (Current) Rules

• USCIS follows policy memos and manuals, not official law.

• Officers interpret rules inconsistently, leading to unpredictable outcomes.

• Some rules are outdated (from the 1980s).

• Evidentiary standards (what proof to submit) are vague.

• Limited guidance on fraud prevention or site visits.

---

🔄 Planned New Rules (Coming 2026)

• Codify policies into law for more consistent decisions.

• Clarify evidence required for EB-1A, EB-1B, EB-2 NIW, etc.

• Modernize rules to reflect today’s work (startups, remote work, etc.).

• Define what counts as a real job offer.

• Allow site visits and add more fraud checks.

• Fix technical errors in regulations.

[Sucker]

1 minute ago, JANASENA1 said:

✅ Old (Current) Rules

• USCIS follows policy memos and manuals, not official law.

• Officers interpret rules inconsistently, leading to unpredictable outcomes.

• Some rules are outdated (from the 1980s).

• Evidentiary standards (what proof to submit) are vague.

• Limited guidance on fraud prevention or site visits.

---

🔄 Planned New Rules (Coming 2026)

• Codify policies into law for more consistent decisions.

• Clarify evidence required for EB-1A, EB-1B, EB-2 NIW, etc.

• Modernize rules to reflect today’s work (startups, remote work, etc.).

• Define what counts as a real job offer.

• Allow site visits and add more fraud checks.

• Fix technical errors in regulations.

Looks like Gold visa type irikinche work idhi like NIW quota lo EB1 and EB2 . Paisal kottu line skip kottu. 

[SUbba LIngam]

veella moham manda. EAD vallani kuda safe ga unchettu leru ga.

[Sucker]

Just now, SUbba LIngam said:

veella moham manda. EAD vallani kuda safe ga unchettu leru ga.

Its gold visa irikinche muchata without cpngress approval adhokkate kelakochu. But more backlog for sure with site visits and interview for every application 

[Coconut]

Only bark… no bite anna 

[Sucker]

1 minute ago, Coconut said:

Only bark… no bite anna 

Already rule making in process anna. 2026 will be H1B and F1 and GC changes confirm anna. yevadu aape mood lo kuda ledu le anna from both parties 

[Android_Halwa]

Eb1-a batch, jara bhadram….

[Sucker]

3 minutes ago, Android_Halwa said:

Eb1-a batch, jara bhadram….

Yevariki vestharu anna aa GC lu ? WITCH managers ?

[psycontr]

15 minutes ago, Sucker said:

DHS plans to update employment-based green card rules in 2026, clarifying standards for EB-1, EB-2, and EB-3 petitions. Here’s what’s changing, what’s not, and how to prepare.

 

he 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.”

[Sucker]

Just now, psycontr said:

Good for real applicants. NIW and EB1 lo racha ani meere yedustharu ga nenu google chesthe kaani theliyavu avi. Now fixing things as per your request. Nuv happy peel avvali nenu kadhu 

[SUbba LIngam]

13 minutes ago, Sucker said:

Looks like Gold visa type irikinche work idhi like NIW quota lo EB1 and EB2 . Paisal kottu line skip kottu. 

em chesina new i-485 petitions ki apply aithe chalu 😟

[Sucker]

1 minute ago, SUbba LIngam said:

em chesina new i-485 petitions ki apply aithe chalu 😟

Making easy anta anna trasnfers company merging lu chaos lekunda . all good ne le. Just giving more clarity language and new USCIS employees will check all cheklist dhani kosame ivanni.