Overview
- DHS published an interim final rule that replaces the narrow term “foreign diplomatic officer” with a broader “foreign government employee” definition and took effect on Sept. 4, 2026.
- Under the rule, covered workers include accredited diplomats, certain embassy or consulate nationals, officials employed by foreign governments in an official capacity, and employees of international organizations with immunity.
- The rule lists explicit exclusions such as personal attendants, many contractors, third‑country nationals working for foreign governments, and some state‑owned enterprise staff.
- DHS updated Form I-485 and Form G-325R to allow eligible U.S.-born children to voluntarily register for lawful permanent residence with residency treated as retroactive to birth if approved.
- Enforcement is limited by a preliminary nationwide injunction in Casa Inc. v. Trump, and DHS says it will not apply the rule to class members unless the government obtains court relief, leaving the rule’s practical reach tied to ongoing litigation.