Home Care Workers Face Delays as Permanent Residency Stream Stalls

USCIS is directing some of the thousands of home care workers seeking permanent residency to complete their cases abroad, as a new policy memo, visa backlogs and enforcement concerns leave workers uncertain about their legal status in the United States.

The shift follows Policy Memorandum PM-602-0199, issued May 21, 2026. The memo recasts Adjustment of Status, the process of seeking a Green Card without leaving the country, as an “extraordinary form of relief” subject to officer discretion.

Some applicants are being directed toward consular processing instead. That route requires them to leave the United States for an interview at an embassy abroad, where waits can stretch for years.

The stakes are immediate. Workers who have lived and worked legally in the country could face family separation and job loss if they must depart before their cases move forward.

USCIS spokesman Zach Kahler said May 22 that the agency was reaffirming what he described as congressional intent. He said applicants whose cases provide an economic benefit or serve the national interest may continue in the United States, while others could be told to apply abroad.

“After years of ignoring the intent of Congress in the adjustment of status application, USCIS is merely restating and reasserting that intent. While we work to operationalize this, people who present applications that provide an economic benefit or otherwise are in the national interest will likely be able to continue on their current path while others may be asked to apply abroad depending on individualized circumstances.”

The memo is landing alongside a separate employment-based visa obstacle. The July 2026 Visa Bulletin shows continued retrogression in the EB-3 “Other Workers” category, a route commonly used by home care aides.

Applicants from the Philippines, India and China saw no movement in that category. Employer sponsorship alone does not allow those cases to advance when visa numbers remain unavailable.

USCIS carries millions of cases before new filings enter review

USCIS reported 11.6 million pending cases as of April 2026. Another 247,974 applications were waiting for initial intake, a volume the agency describes as a “frontlog.”

The delays can leave applicants without confirmed pending status. That uncertainty can expose workers to enforcement action while they continue working and supporting clients.

Aging-services providers say experienced caregivers are leaving the field. The uncertainty is “hollowing out elder care,” they report.

Immigrants account for more than 30% of home care aides and 20% of nursing assistants in the United States. The labor pressure comes as the country faces a projected shortage of 4.6 million caregiving jobs by 2032.

The visa backlog therefore reaches beyond individual applications. Providers may lose workers while demand for in-home support and nursing assistance continues to grow.

A July rule will give officers wider public-charge discretion

DHS issued a final rule July 16 rescinding the 2022 Biden-era public-charge regulations. The rule takes effect Sept. 18, 2026.

Under the change, officers will have broader room to deny residency when they determine that an applicant might depend on government benefits. Lower-paid caregivers could face particular scrutiny under that standard.

Kahler said July 16 that the administration was focused on protecting taxpayers from applicants who might become dependent on public benefits.

“The Trump administration is upholding the rule of law and protecting American taxpayers from subsidizing aliens who may become dependent on public benefits. USCIS is committed to safeguarding the safety, security, and financial well-being of Americans.”

DHS Secretary Markwayne Mullin said July 17 that the rule changes would “give immigration officers greater leeway to make case-by-case decisions” about who qualifies for permanent residency inside the United States.

The timing places several decisions in sequence. A worker may first confront a visa-number wait, then an instruction to process abroad, followed by an individualized assessment of possible benefit use.

Lawmakers have proposed a new visa category, but it is not law

U.S. Representatives Chrissy Houlahan and Gabe Vasquez introduced the Careworker Visa Act on June 9, 2026. Their bill proposes a new “W” visa category for home care and childcare workers.

The measure has not passed. Until it becomes law, workers remain dependent on existing employment-based categories and adjustment procedures.

A separate reported plan by DHS and the Social Security Administration has added financial anxiety. Under the plan, certain immigrants could be flagged in the “Death Master File,” raising fears that they could lose access to wages and banking services.

The plan was reported July 16. Its reported implications have intensified concern among workers whose immigration cases remain unresolved.

Workers told to return to their home countries could lose jobs while waiting for overseas interviews. Families could also be separated during a process that may last years.

The July 2026 Visa Bulletin continues to hold the EB-3 “Other Workers” category for applicants from the Philippines, India and China. The public-charge rule is scheduled to take effect Sept. 18, 2026, while the proposed W visa remains before Congress.