Immigrant Caregivers are Crucial to Staff Direct Care Industry

President Trump’s “immigration crackdown” has elicited a warning from the direct care industry: immigrants are essential.

Although immigrants comprise 17% of the total American labor force, they make up 31% of the home care workforce and 21% of the residential care aide and nursing assistant workforce, according to a 2024 report from Leading Age, an organization representing nonprofit aging services providers.

 

A recent article by USA TODAY highlights the severity and scope of the direct care worker shortage, which is set to reach critical levels as the US faces even higher demand to care for aging Baby Boomers.

 

In 2020, 55.8 million people in the US were 65 and over, according to census data. A study in Health Services Research estimates that number will reach nearly 70 million by 2030.

 

From 2022 to 2037, a National Center for Health Workforce Analysis estimated the demand for home health aides will rise 35%, the demand for personal care aides will rise 38%, and the demand for nursing assistants will rise 41%.

 

Articles by Axios and AP News echo the essentiality of immigrant caregivers in US nursing homes, and warn of the effect President Trump’s immigration policies are already having on nursing home staffing in the US.

 

AP News reports:

 

“The aging of the massive Baby Boom generation is poised to fuel even more demand for caregivers, both in institutional settings and in individuals’ homes. BLS projects more growth among home health and personal care aides than any other job, with some 820,000 new positions added by 2032.”

 

Due to high demand and Department of State backlogs, immigrant nursing aides who qualify for a Green Card are currently waiting more than three years to enter the U.S. after their cases are approved.

 

Because of lengthy backlogs, staffing companies employing nursing assistants and nurse aides are best equipped to withstand immigration delays in their business models; however, meeting the demand for direct caregiving in the US in the coming years will require policies to extend temporary work authorization for direct care workers and policies to alleviate Department of State backlogs for permanent immigration solutions.

Department of State Shortens Validity of Temporary Visas for over 50 Countries

On July 17, 2025, NAFSA, a nonprofit policy advocate, released a report detailing the Department of State’s (DOS) recent actions to shorten temporary visa validity periods. DOS’s changes will affect multiple temporary visa types for nationals of over 50 countries.  

In most cases, DOS has shortened temporary visa validity to only 3 months and a single entry. In practice, this means applicants receiving a shortened visa must enter the US within 3 months of their visa issuance and will have to reapply for a visa before each entry to the US.

A full list of the more than 50 affected countries can be found in NAFSA’s report; the list includes Afghanistan, Cameroon, Ghana, Haiti, Iran, Nigeria, Sierra Leone, Uganda, Venezuela, and Zimbabwe.

With some variations, affected visa types include B, F, H, J, M, O, and P visas.

F visas are utilized by international students in the US. The H-1B visa is open to employees filling US positions that require Bachelor’s degrees, which include healthcare occupations such as Medical Technologists, Occupational Therapists, Physical Therapists, and even Registered Nurses.

Although DOS did not make an announcement of its sweeping temporary visa limitations, individual visa validity periods by country are updated on the DOS’s visa reciprocity website. Speak with an MU attorney if you have questions about your visa validity.

FY 2026 H-1B Cap is Reached: USCIS Will Not Conduct Second Round of Lottery

USCIS announced in a News Alert that the FY 2026 H-1B cap has been reached as of July 2025. Because the cap has been reached, USCIS will not conduct a second round of H-1B cap lottery selections in 2025.

The FY 2026 H-1B cap has been reached because USCIS received enough H-1B petitions between April 1, 2025 and June 30, 2025 to meet the 65,000 H-1B visa regular cap and 20,000 H-1B visa master’s cap. 

The case status for registrations that were not selected in the FY 2026 cap will be updated from “Submitted” to “Not Selected” in their https://my.uscis.gov/ account.

August 2025 Visa Bulletin: Slight Movement Forward for EB-3 India, Slight Retrogression for Others

The Department of State has just issued the August 2025 Visa Bulletin. This blog post analyzes this month's Visa Bulletin.

Visa Bulletin

Table A: Final Action Dates -- Applications with these priority dates or earlier may be approved for their Green Card (Permanent Residency card) or Immigrant Visa appointment:

Table B: Dates for Filing

USCIS will continue to use the Table A Final Action Dates chart for I-485 employment-based filings in August 2025. See: USCIS Visa Bulletin Dates

MU Law Analysis

EB-3 India was the only category to progress forward in August 2025, with forward movement of 1 month.  

EB-2 All Other, EB-2 Mexico, and EB-2 Philippines all retrogressed 6 weeks.  

All remaining categories stayed steady and made no progress.

As August is the penultimate month of the fiscal year, slight retrogression is typical and not a cause for concern. September 2025’s visa bulletin is unlikely to make progress forward and may slow or even retrogress again before the start of the fiscal year in October.