Home / Eligibility
Eligibility
Who could qualify?
The revised proposal requires ten years of residence, an approved nationality, individual admissibility, tax compliance, and other conditions.
Proposed acceptance criteria
Residence and presence
At least ten years of continuous U.S. residence before enactment and physical presence on that date, subject to the draft's limited absence exceptions.
Nationality
A nationality on the effective Approved Country Schedule and no current nationality expressly excluded by the draft. A spouse or child must satisfy these rules individually.
Identity and admissibility
Verified identity, all current nationalities, biometrics, immigration history, and an interview unless an individualized interview waiver is authorized. Applicable criminal, security, public-health, and other admissibility rules apply.
Work and taxes
Qualifying work or contribution, or an authorized exception, and required federal tax compliance or an approved arrangement.
Fees and continuing obligations
Applicable assessments subject to waivers and installments, followed by renewal, updated screening, and continued compliance.
Naturalization restriction
Receipt of program status would create permanent statutory naturalization ineligibility, including for derivative beneficiaries. Unlawful entry would create an additional proposed bar even outside the program.
Country eligibility
The approved-country list has not been selected. Title XI requires an exhaustive published schedule before approvals. Other nationalities would not automatically qualify.
The draft expressly excludes current nationals of the People's Republic of China, Somalia, and Haiti, including dual nationals with an excluded current nationality. These are proposed nationality rules, not findings about an individual's character. Ethnicity, ancestry, language, and surname are not substitutes for nationality evidence.
Country criteria address security cooperation, verifiable identity records, lawful returns, absence of armed hostilities against the United States, and published standards concerning constitutional government, the rule of law, and civil liberties. Nationality eligibility would not replace individual screening.
Family and criminal eligibility
Spouses and dependent children must meet their own applicable requirements. Serious criminal and national-security disqualifications remain. The draft preserves notice, individual review, and correction of mistaken records.