The bottom line. DHS is expanding the voluntary lawful permanent residence registration process to U.S.-born children of foreign government employees who are not U.S. citizens, effective September 4, 2026.
The Department of Homeland Security (DHS), through U.S. Citizenship and Immigration Services (USCIS), published an interim final rule on September 9, 2026, amending regulations at 8 CFR parts 101 and 264 to permit children born in the United States to foreign government employees to register for lawful permanent residence. The rule takes effect September 4, 2026, and applies only to children born on or after that date.
The rule implements Executive Order 14418, issued August 6, 2026, which directed DHS to prevent issuance of citizenship documents to certain U.S.-born individuals. DHS said the action responds to the Supreme Court's ruling in Trump v. Barbara (2026), which affirmed that persons "subject to the jurisdiction" of the United States exclude certain categories, including children of foreign diplomatic representatives.
"Registration as a lawful permanent resident under this regulation is voluntary." — DHS interim final rule.
Who Is Covered
The rule defines "foreign government employee" to include: ambassadors; persons employed by a foreign embassy or consulate who are nationals of that country; persons employed by a foreign government in an official capacity; and persons employed by an international organization possessing international-organization immunity. The definition excludes personal employees or attendants, employees of state-owned enterprises in non-A/G status, third-country nationals working for a foreign government, contractors in non-A/G status, and foreign government employees visiting the U.S. in a personal capacity.
A child born to a foreign government employee is not subject to U.S. jurisdiction for birthright citizenship purposes unless at least one parent is a U.S. citizen. The rule removes the prior reference to the State Department Diplomatic List ("Blue List"), which is no longer published.
Registration Process
Eligible individuals may voluntarily file Form I-485, Application to Register Permanent Residence or Adjust Status, to create a record of lawful permanent residence. The applicant must be physically present in the United States and establish that he or she has not abandoned U.S. residence. If granted, permanent residence is recorded as of the applicant's date of birth.
Children whose parents do not choose this registration path remain subject to alien registration requirements under INA section 262, which can be satisfied by filing Form G-325R, Biographic Information (Registration). USCIS is revising both forms to reflect the expanded category.
Costs and Burdens
DHS estimates the per-person compliance cost for Form G-325R registration, including biometrics and travel, at approximately $340. For Form I-485, total per-person costs—including filing fees of $1,440 (paper) or $1,390 (e-file), biometrics, and time—are estimated at roughly $1,994 (paper) and $1,906 (e-file). DHS said it cannot quantify the affected population because USCIS has not historically tracked this category, though the State Department reports more than 124,000 foreign mission members and dependents in the United States.
Procedural Status
DHS issued the rule without prior notice and comment, citing the foreign affairs function exception and "good cause" under the Administrative Procedure Act. Comments must be received by October 5, 2026. A preliminary injunction in Casa Inc. v. Trump (D. Md.) currently restricts DHS from implementing the rule against certified class members unless the government obtains relief from that injunction.
What This Means Right Now
Children born on or after September 4, 2026, to foreign government employees may voluntarily register as lawful permanent residents through Form I-485.
Children born before the effective date remain subject to the regulations in place at the time of their birth.
Affected individuals who do not register as permanent residents generally remain subject to alien registration requirements under INA section 262.
USCIS will continue to seek confirmation from the Department of State regarding a parent's diplomatic status at the time of a child's birth.