As reported by LeadingAge National, U.S. Citizenship and Immigration Services (USCIS) recently announced policy changes that could significantly affect employment-based green card processing and create additional workforce uncertainty for aging services providers relying on international workers.

The updated policy guidance increases the likelihood that certain employment-based adjustment of status applications could face additional scrutiny or denial if USCIS determines the original sponsoring job offer is no longer valid at the time of adjudication. This may include situations involving layoffs, organizational restructuring, employment disruptions, or other changes impacting the original sponsorship arrangement. The changes may create additional risks for providers sponsoring international workers and could impact recruitment and retention efforts across aging services.

Updates to Employment-Based Green Card Processing

Under the updated USCIS interpretation, officers now have broader discretion to determine whether a sponsoring job offer remains bona fide and valid at the time of adjudication. This may include situations involving employment interruptions, organizational changes, or other changes affecting the original sponsorship arrangement.

The policy shift also reflects increased scrutiny by USCIS regarding whether applicants continue to meet all eligibility and sponsorship requirements throughout the green card process. The changes may also create uncertainty for workers utilizing job portability provisions during lengthy green card processing timelines.

The policy shift may also increase the likelihood that some workers could be required to complete portions of the green card process through consular processing abroad, which could disrupt employment authorization and workforce continuity for providers relying on sponsored employees. In some cases, disruptions to adjustment of status processing could also affect work authorization continuity for international workers with pending applications.

As highlighted by LeadingAge National, these changes may be especially concerning for aging services providers already facing workforce shortages and relying on international recruitment pathways to fill critical staffing needs. Delays, denials, or uncertainty in the green card process may increase workforce instability for both employers and workers.

Read the full article from LeadingAge National here.

What this Means for Providers

These changes signal a more uncertain and complex immigration environment for employers sponsoring international workers. Aging services providers may want to:

• Review current sponsorship and green card cases with immigration counsel
• Ensure strong communication and coordination between HR, leadership, and legal teams
• Evaluate contingency staffing and retention planning for sponsored employees
• Monitor staffing disruptions or organizational changes that could affect pending applications
• Prepare for longer timelines, additional scrutiny, and potential requests for evidence from USCIS
• Consider reviewing onboarding, retention, and workforce support strategies for international employees
• Work closely with qualified immigration counsel when evaluating impacts on current or future sponsorship cases

Additional Immigration Resources to Support Providers

As providers continue navigating evolving immigration policies and workforce challenges, LeadingAge Minnesota offers additional resources to support preparedness, compliance, and workforce planning efforts.

• Immigration Enforcement FAQ – addresses real-world scenarios such as ICE activity on-site, housing considerations, and staff/resident rights (printable version available)
• Immigration Worksite Enforcement Webinar: What Long-Term Care Organizations Need to Know and Do to Prepare for ICE, USCIS, DOL, and DOJ Investigations (recording available)
• Immigration Enforcement Guide: Preparing for ICE Activity — a practical guide outlining roles, responsibilities, and preparation steps
• Customizable Communication Templates for staff, residents, families, and leadership teams to respond to immigration enforcement activity
• Interactive Map of Community Resources for New Americans, a Minnesota-specific tool to help employers connect staff and families with local supports

Access the full resource collection here.

Important note: These materials provide general, practical information and are not legal advice. Immigration enforcement situations are highly fact-specific, and organizations should consult legal counsel regarding their specific circumstances.