U.S. Green Card Overhaul: Stricter EB-1/NIW Rules Coming by 2026

(UNITED STATES) The Department of Homeland Security is preparing a green card overhaul that could tighten how skilled professionals qualify for permanent residence, with draft regulations expected by January 2026. The rulemaking would reshape employment-based categories—especially EB-1 (extraordinary ability; outstanding professors and researchers) and EB-2 NIW (national interest waiver)—by modernizing eligibility standards, narrowing what counts as persuasive evidence, and seeking more consistent decisions across the system. The changes come as all employment-based visa categories reached their annual limits for fiscal year 2025, leaving many applicants waiting until the October 1, 2025 reset for further movement.

DHS officials are aiming for clearer rules and less variation in case outcomes, particularly in areas that rely on officer judgment. That means a greater focus on the quality and impact of evidence rather than box-checking. For EB-1 extraordinary ability cases, the draft is expected to move away from a simple tally of criteria and toward proof that achievements are truly at the top of the field. For EB-2 NIW, the well-known three-part test—national importance, ability to advance the work, and benefit to the United States—would be placed into formal regulation with a higher evidentiary bar.

According to analysis by VisaVerge.com, this shift is likely to help clearly strong cases while making approvals harder for “gray zone” profiles that rely on emerging indicators rather than established impact.

Why DHS is proposing changes

The planned rule responds to real-world trends and stakeholder concerns:

• Since policy updates in 2022, O-1A filings rose from 7,710 in FY 2021 to 10,010 in FY 2023, and NIW demand has surged.
• While O-1A approvals remain above 90%, NIW approval rates have softened.
• Employers and universities have pressed for predictability after seeing adjudication differences from one officer to another.

DHS says it wants to reduce variability and give petitioners a more reliable roadmap.

Policy Changes Overview

Under the proposed framework, DHS intends to:

• Modernize eligibility standards and clarify evidence rules for EB-1 and EB-2 NIW.
• Refine evidentiary criteria, tightening how USCIS weighs:
  • publications,
  • awards,
  • citations,
  • media coverage, and
  • other markers of achievement or national importance.
• Clarify physician pathways, especially for doctors with national or international renown, by streamlining certain credential elements.
• Increase consistency and predictability so similar cases get similar outcomes.

For employers, the overhaul goes beyond worker qualifications:

• DHS plans to reinforce expectations that job offers are genuine, permanent, and available upon green card approval.
• Companies could face new attestations and expanded site visit authority.
  • Officers may visit worksites tied to immigrant petitions to verify that the business exists, job duties match the filing, and pay and location details line up.
  • Refusal to cooperate could lead to denial or revocation.
• The “ability to pay” rule—demonstrating capacity to pay the offered wage—may be clarified with more detailed measurements.
• DHS also wants to codify “successor-in-interest” principles so mergers, acquisitions, or reorganizations don’t leave sponsored workers stuck in limbo.

Evidentiary emphasis

The main targets of this green card overhaul are EB-1 extraordinary ability and outstanding professor/researcher cases, along with EB-2 NIW. The headline shift is evidentiary: the bar for what counts as extraordinary or of national importance will rise, with a stronger focus on real-world impact.

• In academic fields, USCIS may place more weight on the influence of a scholar’s work (impact, adoption, or application) rather than the raw count of articles.
• In business or entrepreneurship NIW cases, plans that show job creation, sustained funding, or sector-wide benefits may carry greater weight than projections without corroboration.

Visa Number Squeeze Raises Stakes

The timing adds pressure.

• As of October 2025, EB-1, EB-2, EB-3, and Other Workers reached their fiscal year 2025 limits, halting new immigrant visa issuance and I-485 adjustment approvals until the annual reset on October 1, 2025.
• The EB-2 category—which covers advanced degree professionals and NIW—hit its cap under INA 203(b)(2), which allocates 28.6% of the worldwide employment limit to EB-2.
• Embassies and consulates paused issuance, and USCIS cannot approve pending adjustments in these lines until next fiscal year’s numbers become available.

For students and early-career workers mapping a path from Optional Practical Training or H-1B to permanent residence, the squeeze compounds other policy shifts:

• $100,000 supplemental fee for new H-1B petitions effective September 21, 2025.
• Proposed wage-based H-1B selection changes.
• Proposed cut of the F-1 grace period from 60 to 30 days.

Together with stricter EB-1 and EB-2 NIW standards, many are reassessing timelines, filing order, and fallback options.

VisaVerge.com reports rising NIW demand among founders, researchers, and professionals in high-impact fields. Under the coming rule, these applicants should expect closer review of:

• business plans,
• funding,
• market traction, and
• national benefits.

For strong EB-1 candidates—those with major awards, very high citation counts, high-impact patents, or wide media coverage—the clearer standards could reduce officer-by-officer swings.

Impact and Preparation

Applicants and sponsors should expect:

• Tougher documentation: More structured, corroborated evidence. Informal or borderline proof will carry less weight.
• Higher bar for “gray zone” cases: Profiles based on emerging metrics may struggle.
• More employer involvement: Strong letters, budget commitments, detailed role descriptions, and evidence of real, ongoing jobs will matter.
• Possible longer review times: After publication, a public comment period is expected, which may delay implementation or adjust details.

Practical steps to take now:

1. If you qualify under current rules, consider filing sooner rather than later. Draft regulations aren’t expected until January 2026, so submitting before stricter standards take hold could help.
2. Use the waiting period from the FY2025 visa number depletion to prepare a stronger record. Expect a surge in filings after October 1, 2025.
3. For NIW filings—especially for founders—draft detailed business plans showing:
   • national reach,
   • job creation,
   • measurable outcomes.
     Back claims with contracts, letters from partners, market data, or grants.
4. Collect evidence that speaks to impact:
   • citations from independent experts,
   • prestigious awards with clear selection criteria,
   • patents that are licensed or used,
   • media coverage in respected outlets,
   • leadership roles in influential projects or organizations.
5. Seek institutional backing. Letters should be specific, explain contributions in plain terms, and tie the work to U.S. interests (not just the employer’s goals).

Employers should tighten compliance systems:

• Keep accurate, consistent records of job duties, wages, and worksites.
• If USCIS conducts a site visit tied to an immigrant petition, be ready to show that filing facts match current operations.
• For ability-to-pay, maintain clean documentation—tax returns, audited statements, or payroll records—to align with the offered wage.

For those planning the adjustment stage, use the correct forms and follow official guidance:

• The immigrant petition for employment-based categories is the Form I-140, Immigrant Petition for Alien Worker, available on the USCIS website at Form I-140.
• Adjustment of status proceeds through Form I-485, Application to Register Permanent Residence or Adjust Status, accessible at Form I-485.
• For broader context on the preference system and visa number flows, see USCIS’s public overview at Employment-Based Immigrant Visas.

“The green card overhaul is not about closing doors; it’s about raising the standard and aligning the evidence with real-world influence.”
For applicants with clear achievements, the coming rules may deliver the predictability they’ve been asking for. For everyone else, the message is simple: aim higher, document better, and be ready when the clock restarts.

Practical examples and likely scenarios

• A postdoc planning an EB-2 NIW may spend the next year building deeper collaborations, amassing citations, and securing letters from independent experts.
• A founder may delay a seed round until a stronger lead investor steps in, then file with better traction data.
• A hospital system preparing EB-1 Outstanding Researcher cases could gather more robust evidence of long-term research output, clinical outcomes, and recognition by national bodies.

These steps take time—and that’s the point of starting early.

Fraud detection and site visits

USCIS is expected to sharpen fraud detection tools under the new rule. Officers will look for consistency across:

• petitions,
• expert letters,
• media reports, and
• public profiles.

Discrepancies—such as inflated job titles, mischaracterized awards, or vague project claims—can trigger requests for evidence or denials. For employers, transparency during any site visit is key. If roles or locations have changed since filing, update records and consult counsel about the best way to keep petitions accurate.

Stakeholder input and next steps

Stakeholders will have a chance to weigh in once DHS publishes the draft. Universities, research institutes, professional associations, and industry groups can use the public comment window to:

• flag unintended effects,
• suggest clearer definitions, and
• offer field-specific benchmarks.

Many will push for standards that recognize impact in applied settings where metrics like citations don’t tell the full story.

In the near term, the best strategy is preparation. Skilled professionals targeting EB-1 or EB-2 NIW should focus on impact over volume: demonstrate why the work matters, who relies on it, and how it benefits the country. Employers and universities can plan for stronger letters, clearer role descriptions, and proof that jobs are real and ongoing.

For those stuck by this year’s visa cap, treat the pause as a runway: build the record you’ll need when numbers reopen.