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The Department of Homeland Security (DHS) is preparing a sweeping update that could significantly tighten access to employment-based green cards. While attention has centered on H-1B reforms, this lesser-noticed rule could redefine who qualifies for permanent residence under the EB-1 (extraordinary ability) and EB-2 (national interest waiver) categories. The Trump administration has prioritized reforms to employment-based green card categories such as EB-1, EB-2, and EB-3, aiming to reshape the system.

According to the DHS regulatory agenda, the proposal would:

  • “Update provisions governing extraordinary ability and outstanding professors and researchers;
  • Modernize outdated provisions for individuals of extraordinary ability and outstanding professors and researchers;
  • Clarify evidentiary requirements for first-preference classifications, second-preference national interest waiver classifications, and physicians of national and international renown.”

The rule will introduce stricter scrutiny of employer-sponsored green card applications, including verification of a bona fide job offer and more detailed eligibility criteria to ensure compliance and authenticity.

In plain terms, DHS wants to redefine excellence—raising documentation thresholds and reshaping how U.S. Citizenship and Immigration Services (USCIS) judges professional achievement.

 

What Could Change Under the New Green Card Rule

1. Tougher Standards for EB-1 “Extraordinary Ability”

Today, an EB-1A applicant must show either one major international award (like a Pulitzer, Oscar, or Olympic medal) or three of ten regulatory criteria—for example, original contributions, major publications, or a high salary. Under the proposed rule, DHS could raise that bar by:

  • Requiring five of ten criteria instead of three.
  • Narrowing what counts as qualifying evidence (e.g., rejecting local or minor awards).
  • Eliminating flexibility for emerging fields without conventional honors.

Legal analysts, including Efren Hernandez—a former USCIS policy chief and now founder of EH3 Immigration Consulting—warn that this could disqualify talented professionals who don’t fit traditional molds. Employment-based green cards are capped annually, with a significant backlog for certain countries, particularly India, further complicating access for many qualified applicants; these changes could further delay or restrict the ability of qualified applicants to become lawful permanent residents.

“DHS could require applicants to meet five of ten criteria or eliminate alternatives in fields without standard awards,” Hernandez told Forbes. “[That would] make it significantly harder for scientists and innovators in new industries to qualify.”

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2. Stricter Definitions for “Outstanding Professors and Researchers”

For university and research applicants under EB-1B, the rule may tighten what counts as “international recognition” or “outstanding achievement.” Expect:

  • Greater emphasis on citations, peer-reviewed work, and grant funding.
  • Less tolerance for institution-level or regional recognition alone.
  • More documentation of independent, field-wide impact.

In effect, DHS aims to standardize excellence—but critics fear it could marginalize applicants from smaller institutions or emerging research hubs. The merit-based system would likely benefit applicants from countries dominating employment-based visa categories, such as India and China, potentially creating further disparities. Stricter standards may also jeopardize the immigration status of professors and researchers who cannot meet the new requirements.

3. Rolling Back the Biden-Era Expansion of O-1A and NIW

The Trump administration’s revision is widely seen as a move to undo Biden’s 2022 expansion of high-skill visa pathways.

In January 2022 guidance, USCIS encouraged greater use of O-1A visas (for individuals of extraordinary ability) and National Interest Waivers (NIWs)—allowing highly skilled professionals, particularly in STEM, to bypass the costly PERM labor certification. The O-1A is a nonimmigrant visa category, and changes to its standards could impact the transition from nonimmigrant visas to employment-based green cards.

That guidance led to a surge:

  • O-1A filings jumped from 7,710 in fiscal year 2021 to 10,010 in fiscal year 2023, with approval rates above 90%.
  • NIW petitions skyrocketed—from 14,610 in fiscal year 2021 to 21,990 in fiscal year 2022, then to 39,810 in fiscal year 2023—according to a National Foundation for American Policy analysis.

The Trump proposal could re-narrow eligibility, restoring higher proof standards and removing flexibility for founders and cross-disciplinary experts. Trump’s policies during his first term significantly impacted employment-based immigration, leading to higher wages and compliance requirements for employers.

How the Rule Could Impact Employers and Innovators

1. Shrinking the Green Card Pipeline for STEM Talent

If the rule limits NIWs and EB-1s, many foreign scientists, engineers, and researchers may lose their most realistic path to permanent residence. International students graduating from U.S. universities may also find it harder to transition to permanent residence under the new rule. That’s especially critical because H-1B visas are temporary—and capped.

2. Forcing Firms to Acquire, Not Hire

Recent research by economists Exequiel Hernandez (Wharton), Britta Glennon (UPenn & NBER), and Jens Friedmann (Erasmus University) finds that when firms face high-skill immigration restrictions, they buy companies instead of hiring talent.

“Constraining immigration doesn’t create jobs for U.S. workers,” Hernandez explained in an interview with the Wharton School. “It pushes firms into mergers and acquisitions to capture skills they can’t hire.”

Their study concludes that immigration limits harm competitiveness and increase corporate consolidation—outcomes opposite to “protecting U.S. workers.” Increased restrictions may also limit the use of third party placement arrangements for foreign workers, further constraining employer flexibility.

3. Reducing America’s Research Edge

Experts warn that higher barriers for “extraordinary ability” green cards may dissuade scientists, professors, and innovators from pursuing U.S. careers. Countries like Canada, the U.K., and Australia are already courting this talent with more flexible “Global Talent” visas. If U.S. pathways to permanent residence become more restrictive, foreign students may choose to study and work in other countries that offer better opportunities.

Who Should Pay Attention

Group Why It Matters
STEM professionals Stricter “extraordinary” definitions may require stronger, more quantifiable metrics.
University faculty/researchers Citation counts, journal quality, and grant records may become critical.
Entrepreneurs and founders NIW and O-1A rollback could eliminate startup pathways.
Employers Fewer direct green card options for key foreign employees may increase attrition or drive offshoring. Changes to green card eligibility may also impact work authorization for foreign employees, potentially leading to gaps in employment eligibility.
Immigration attorneys Must update evidence strategies and precedents for new adjudication standards.

 

Strategic Advice for Employers and Applicants

  1. Strengthen Evidence EarlyCollect independent citations, peer endorsements, and quantifiable metrics now—before the rule raises the bar.
  2. Diversify Immigration RoutesFile O-1A or EB-1/NIW under current rules before changes take effect. Check the USCIS Policy Manual for up-to-date evidentiary criteria.
  3. Document National ImpactFor NIW cases, emphasize measurable national benefits—economic, technological, or humanitarian.
  4. Monitor Federal Register UpdatesTrack DHS’s Rulemaking Page for official publication and comment deadlines. Closely review any updates to eligibility criteria as the rule progresses.
  5. Engage in AdvocacyIndustry groups like AILA and NFAP will likely lead opposition and public comment—participate early.

Bottom Line

The upcoming DHS rule isn’t just bureaucratic housekeeping—it could reshape America’s employment-based immigration system for years to come.

By redefining what counts as “extraordinary,” “outstanding,” or “in the national interest,” the administration aims to narrow the pool of global talent eligible for permanent residence. These changes represent significant new restrictions on employment-based immigration pathways.

The result?

A higher threshold for innovation-driven immigration—and, critics warn, another self-inflicted blow to U.S. competitiveness in science, research, and technology. Additionally, restricting legal immigration pathways could inadvertently increase the number of undocumented immigrants if individuals lose legal status due to stricter standards.

Frequently Asked Questions (FAQs): Trump’s Proposed Rule Targeting Employment-Based Green Cards (EB-1, EB-2, NIW, O-1A)

What is the new Trump administration proposal on employment-based green cards?

The Department of Homeland Security (DHS) has proposed a rule to tighten eligibility and raise evidentiary standards for employment-based green cards, including EB-1 (extraordinary ability), EB-1B (outstanding professor/researcher), and EB-2 (NIW). The rule aims to “modernize” criteria, but in practice, it may restrict who qualifies by redefining what counts as “extraordinary” or “in the national interest.” Increased enforcement and expanded biometric collection are features expected in the proposed changes to the immigration process. The new administration may also implement additional executive actions and executive orders to further restrict eligibility and expedite removal processes for those with final orders, with immigration and customs enforcement, immigration officers, and immigration agents playing key roles.


Which categories of employment-based green cards are affected by this rule?

The proposal primarily targets:

  1. EB-1A: Individuals with extraordinary ability in sciences, arts, education, business, or athletics.
  2. EB-1B: Outstanding professors and researchers recognized internationally.
  3. EB-2 (NIW): Professionals seeking a National Interest Waiver to bypass labor certification.
  4. Platinum Card: A proposed category allowing recipients to spend a significant portion of the year in the U.S. without U.S. taxation on foreign income for a $5 million donation.

Why is DHS proposing to change the EB-1 and EB-2 green card criteria?

DHS says the updates will “modernize outdated provisions” and ensure consistency across adjudications. However, critics argue the move is meant to reverse Biden-era expansions that made it easier for entrepreneurs, researchers, and STEM professionals to qualify under O-1A and NIW pathways. Legislative action by the federal government and new executive orders may also play a role in shaping these changes.


How will this proposal affect the EB-1 “extraordinary ability” category?

The new rule may:

  • Require applicants to meet five of ten criteria (up from three).
  • Limit what counts as qualifying evidence, such as excluding regional awards.
  • Eliminate flexibility for applicants in emerging fields that lack formal prizes or associations. This means applicants will need more robust, quantifiable proof of national or international recognition. Laws and executive actions may further define these standards.

What changes are expected for EB-1B “outstanding professors and researchers”?

The rule could:

  • Demand stronger evidence of global recognition, not just institutional prestige.
  • Give greater weight to metrics such as citations, peer-reviewed publications, and grants.
  • Require proof of independent contributions to the field, rather than collaborative success alone.

How will the National Interest Waiver (NIW) standard change?

Under the Biden administration, NIWs became more flexible for STEM and startup founders. The Trump proposal may narrow eligibility by:

  • Raising the bar for demonstrating “national importance.”
  • Requiring quantifiable evidence of public benefit.
  • Reducing discretion to waive labor certification for entrepreneurs or early-career researchers. Additional executive actions may further restrict eligibility and expedite enforcement.

Will the proposal affect O-1A visas and their relationship to EB-1 green cards?

Yes. The Trump administration is expected to align O-1A (nonimmigrant extraordinary ability) standards with the new, stricter EB-1 definitions. This could make it harder for O-1A visa holders to transition to EB-1 green cards later. Tourist visa is another nonimmigrant visa option, but is not directly affected by these changes.


How will this rule impact high-skilled immigrants in STEM fields?

STEM professionals could face higher documentation burdens, needing more evidence of innovation, patents, or measurable national impact. Many early-career researchers and startup founders may no longer meet the tightened “extraordinary ability” or NIW standards. A merit-based system would favor younger, wealthier, and more highly educated applicants, restricting the ability for extended family members to immigrate. Other businesses may also be affected by the rule, as it could impact their ability to hire international talent.


When is the new rule expected to take effect?

As of late 2025, the rule is still in the proposal stage and must go through a Notice of Proposed Rulemaking (NPRM), public comment, and finalization under the Administrative Procedure Act (APA). Implementation could take several months or longer, depending on litigation or revisions.


Can the public comment on the proposed changes?

Yes. Once DHS publishes the proposed rule in the Federal Register, the public can submit written comments—usually during a 30- or 60-day window. Employers, universities, and immigration attorneys often participate in this process to shape the final version.


Will the rule apply retroactively to pending EB-1 or EB-2 petitions?

No. Typically, regulatory changes apply prospectively to petitions filed after the final rule takes effect. However, USCIS officers may start interpreting evidence more strictly even before formal implementation.


How is this rule connected to Trump’s broader immigration policy?

The proposal aligns with Trump’s stated goal to prioritize “the best and brightest” immigrants while reducing overall numbers. Employers can sponsor an employee for a “Corporate Gold Card” with a $2 million donation to the U.S. government. The Trump Gold Card program was announced on September 19, 2025. It fits a larger strategy to narrow work visa and green card eligibility and increase scrutiny on employers, especially in tech and research sectors. This approach is consistent with executive orders and executive actions from the first Trump administration and may be expanded in a second Trump administration.


Could the rule undo Biden’s 2022 NIW and O-1A guidance?

Yes. The Trump administration could rescind or rewrite the January 2022 USCIS guidance that expanded NIW and O-1A access for STEM experts. That guidance led to a major increase in approvals for researchers, entrepreneurs, and startup founders—many of whom could now lose eligibility.


What are the expected economic consequences of the rule?

Experts predict that restricting EB-1 and NIW access could:

  • Reduce the number of high-skilled immigrants eligible for permanent residence.
  • Accelerate offshoring and outsourcing of R&D.
  • Push firms to acquire foreign companies to access talent rather than hire directly.
  • Diminish U.S. competitiveness in AI, biotech, and semiconductor innovation.

Will employers need to change how they sponsor green cards?

Yes. Employers may need to:

  • Provide more detailed documentation of employee achievements.
  • Budget for longer processing times and possible denials.
  • Consider filing under multiple categories (EB-1, EB-2, NIW) to increase approval odds.

Employers may also face closer scrutiny of job descriptions, recruitment practices, and wage offers under the new regulations.


Applicants should:

  • File under existing rules before new regulations take effect.
  • Gather independent evidence of recognition (citations, media coverage, patents).
  • Strengthen letters of recommendation and evidence of impact.
  • Work with immigration counsel to pre-assess their case under stricter standards.
  • Prepare for a new points-based system that would likely add complexity and cost to the immigration process for both applicants and employers, requiring extensive data collection.

Applicants should:

  • File under existing rules before new regulations take effect.
  • Gather independent evidence of recognition (citations, media coverage, patents).
  • Strengthen letters of recommendation and evidence of impact.
  • Work with immigration counsel to pre-assess their case under stricter standards.

Will this rule affect ongoing EB-1 or NIW court cases or appeals?

Possibly. New regulatory definitions could influence how courts interpret “extraordinary ability” or “national importance.” Applicants currently appealing denials should consult legal counsel to determine how the changes might affect their case. Immigration courts will play a key role in interpreting these new standards, and due process protections may be impacted by executive actions seeking to limit them.


What happens if the rule is challenged in court?

Immigration advocacy groups and employers are likely to file lawsuits under the Administrative Procedure Act (APA), claiming the rule is arbitrary and capricious or exceeds DHS’s statutory authority. If courts issue injunctions, parts of the rule could be delayed or struck down—similar to what happened to Trump’s 2020 H-1B regulations. Legislative action and the role of the federal government will be central in any legal challenges.


No, the proposal mainly focuses on EB-1 and EB-2 categories, especially NIW and extraordinary ability petitions. However, tightening these routes could increase pressure on the EB-3 and PERM systems, which already face long backlogs. Additionally, the administration plans to eliminate or limit the Diversity Immigrant Visa program, which issues green cards to individuals from countries with low immigration rates.

No, the proposal mainly focuses on EB-1 and EB-2 categories, especially NIW and extraordinary ability petitions. However, tightening these routes could increase pressure on the EB-3 and PERM systems, which already face long backlogs.


Will premium processing or USCIS fees change for these categories?

DHS has not proposed new fees as part of this rule. However, premium processing (expedited review for an additional fee) may become even more valuable for employers and applicants navigating heightened scrutiny.


How will this impact U.S. universities and research institutions?

Academic institutions could face:

  • Fewer international faculty qualifying for EB-1B green cards.
  • More complex petition preparation due to stricter publication and citation expectations.
  • Longer adjudication timelines and higher denial rates for new hires.

What’s the difference between Biden’s and Trump’s approaches to EB-1 and NIW?

  • Biden’s approach (2021–2024): Expanded eligibility, clarified STEM NIW guidance, and encouraged entrepreneurial petitions.
  • Trump’s approach (2025): Tightens standards, reduces flexibility, and redefines “extraordinary ability” using traditional metrics. The Trump approach relies more on executive orders and executive actions, and may further restrict eligibility through additional executive actions.

Could Congress overturn or codify parts of this rule?

Yes. Congress could pass legislation clarifying EB-1 or NIW eligibility, though this is unlikely in the short term. More realistically, future administrations could rescind or replace the rule through new regulatory action. Legislative action and changes to laws by the federal government are key to any long-term policy shifts.


What should immigrants and employers do now?

Stay proactive:

  • File petitions under the current, more flexible standards.
  • Subscribe to USCIS and Federal Register updates to track rule progress.
  • Seek experienced immigration counsel for case evaluation.
  • Participate in public comment or advocacy through professional associations.

 

Final Takeaway

Trump’s proposed rule on employment-based green cards is one of the most consequential immigration reforms since the 1990 Immigration Act. By redefining “extraordinary ability” and tightening NIW criteria, it risks shutting out innovators, scientists, and entrepreneurs who have fueled U.S. economic growth for decades. Additionally, the donation-based program may disadvantage merit-based applicants who traditionally qualified based on skills, education, and qualifications due to the potential sidelining of merit in favor of wealth. To date, a comprehensive “merit-based” overhaul has not been passed into law and would face significant political and legal challenges. The new policies under the Trump administration represent a significant shift in U.S. immigration priorities, focusing on economic contributions rather than traditional employment-based criteria.

Stakeholders should act now—before stricter standards become law—to secure filings, document achievements, and ensure compliance under the existing, more favorable framework.

 

 

Call to Action: Protect Your Future Under Trump’s New Green Card Rules — Talk to Immigration Attorney Richard T. Herman Today

If you are a professional, researcher, startup founder, or employer worried about how Trump’s proposed rule targeting employment-based green cards (EB-1, EB-2, NIW, and O-1A) could affect your path to permanent residence, now is the time to act.

The proposed DHS regulation could raise the bar for “extraordinary ability,” tighten “national interest waiver” criteria, and eliminate key flexibilities that thousands of skilled immigrants currently rely on. Whether you are preparing your first petition or exploring options to secure your green card before the rule takes effect, you need an attorney who understands both the legal strategy and the human impact behind these changes.

That attorney is Richard T. Herman — a nationally recognized immigration lawyer with over 30 years of experience helping professionals, employers, and families navigate the most complex visa and green card cases.


Why You Should Contact Richard T. Herman Now

  • 30+ Years of Immigration Law Excellence: Richard Herman has dedicated his career to defending immigrants’ rights, guiding scientists, entrepreneurs, and professors through ever-changing U.S. immigration policies.
  • Author of the Acclaimed Book Immigrant, Inc.: His book celebrates how immigrants fuel America’s innovation and economy — the very spirit now threatened by restrictive visa rules.
  • Trusted Advocate for Economic and Community Impact: Richard is an evangelist for welcoming immigrants as vital contributors to American progress — not as bureaucratic statistics.
  • Deep Knowledge of EB-1, EB-2 NIW, and O-1A Strategy: His team has guided countless clients to approval under these categories — including researchers, executives, and startup founders in STEM, healthcare, business, and academia.
  • Proactive, Personalized Legal Strategy: Richard’s firm — Herman Legal Group — can assess your eligibility, strengthen your petition before standards tighten, and protect your case against future policy shifts.

How to Get Immediate Help

  1. Schedule a Consultation — Visit LawFirm4Immigrants.com/book-consultation to book a private consultation via Zoom, Skype, WhatsApp, or in-person.
  2. Discuss Your Case in Depth — Receive a detailed evaluation of how the proposed rule may impact your EB-1, EB-2, or NIW petition — and how to file under current standards before they change.
  3. Develop a Winning Strategy — Richard Herman and his legal team will help you build robust evidence, secure recommendations, and design a petition that withstands higher scrutiny.

Don’t Wait — The Window to File Under Current Rules Is Closing

Every proposed immigration rule triggers uncertainty — and this one could redefine “extraordinary ability” for years to come. Acting before the rule is finalized can preserve your eligibility, protect your visa status, and safeguard your future in the U.S.

Your career, your innovation, and your contribution to America deserve protection.

📍 Contact Richard T. Herman and the Herman Legal Group today to prepare your case before it’s too late.
Visit www.LawFirm4Immigrants.com/book-consultation or call (800) 808-4013 to schedule your confidential consultation now.

Comprehensive Resource List: Trump’s Proposed Rule Targeting Employment-Based Green Cards (EB-1, EB-2, NIW, O-1A)


1. U.S. Government Resources

Department of Homeland Security (DHS)


U.S. Citizenship and Immigration Services (USCIS)


Office of Information and Regulatory Affairs (OIRA)


U.S. Department of State (DOS)


U.S. Congress and Government Accountability


2. Legal and Regulatory Research Resources

Federal Register & Law Reference


3. Professional and Advocacy Associations

American Immigration Lawyers Association (AILA)

  • AILA – Employment-Based Immigration Updates
    Timely analysis and comment templates for upcoming EB-1 and NIW rulemaking.
  • AILA Policy Briefs & Advocacy Center
    Policy advocacy and alerts on employment-based immigration reforms.

National Foundation for American Policy (NFAP)

  • NFAP – Reports on High-Skilled Immigration Policy
    Independent research analyzing the impact of policy changes on U.S. innovation, competitiveness, and workforce growth.

American Immigration Council (AIC)


Association of American Universities (AAU)

  • AAU – Federal Policy and Research Immigration Updates
    Guidance for universities affected by EB-1B and NIW rule changes.

National Association for Foreign Student Advisers (NAFSA)

  • NAFSA – Immigration Policy Updates
    Updates for DSOs and universities on employment-based immigration rules affecting researchers and faculty.

Business Roundtable & U.S. Chamber of Commerce


4. Academic and Research Resources


5. Court and Litigation Tracking


6. Key Monitoring Tools for Employers and Practitioners


7. Nonprofit and Legal Advocacy Resources

  • Immigration Hub – Policy Advocacy and Analysis
    Policy coalition tracking federal immigration rulemaking and litigation.
  • Immigration Equality – Legal Resources
    Guidance on employment-based petitions for diverse applicants affected by rule changes.
  • American Immigration Council – Legal Action Center
    Tracks major immigration lawsuits, including challenges to restrictive DHS rules.

8. Practical Tools for Applicants and Attorneys


9. Recommended Policy Think Tanks and Expert Analysis


10. Contact and Engagement Channels


Written By Richard Herman
Founder
Richard Herman is a nationally recognizeis immigration attorney, Herman Legal Group began in Cleveland, Ohio, and has grown into a trusted law firm serving immigrants across the United States and beyond. With over 30 years of legal excellence, we built a firm rooted in compassion, cultural understanding, and unwavering dedication to your American dream.

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