Immigration Policy Is Changing: What Haitian TPS Changes Mean for the Home Health Workforce

For home health employers, immigration policy is not just an immigration issue. It is increasingly a workforce planning, HR compliance, and business continuity issue.

That became clear during MP’s recent webinar with immigration attorney Jennifer Behm, Esq., which examined changes to Temporary Protected Status (TPS), employment authorization, and what they could mean for employers in the care industry.

The immediate conversation has centered on Haiti. But the bigger takeaway for home health employers is this: immigration policies can change quickly, and organizations need to understand where their workforce may be vulnerable before those changes create a staffing or compliance problem.

Why Haitian TPS Matters to Home Health Employers

Temporary Protected Status allows eligible nationals of designated countries to temporarily live and work in the United States when conditions in their home country make returning unsafe.

As Jennifer explained during the webinar, changes affecting Haitian TPS have created significant uncertainty for both employees and the organizations that employ them. And the home health industry has particular reason to pay attention.

Approximately 32% of home care workers nationwide are immigrants, according to data shared during the webinar. In certain states, that percentage is even higher.

That means a change in immigration status affecting even a portion of the workforce can quickly become an operational challenge.

For an industry already facing caregiver shortages, the question isn’t simply, “What changed with TPS?”

It’s also:

“What could this mean for our ability to staff and serve our clients?”

Haitian TPS Is Only Part of the Story

It would be easy for employers without Haitian employees to assume this issue doesn’t apply to them.

That would miss the larger point.

The webinar highlighted changes affecting TPS designations beyond Haiti, reinforcing why employers shouldn’t approach immigration compliance one country or one announcement at a time.

Instead, employers should understand:

• Which employees may have time-limited work authorization
• When employment authorization documents expire
• When reverification is required
• Who within the organization is responsible for monitoring changes
• What happens when an employee’s documentation changes

This isn’t about employers becoming immigration experts. It’s about having a process for knowing when something requires attention and who needs to handle it.

An Expired EAD Doesn’t Always Mean What You Think

One of the most important takeaways from the webinar involved Employment Authorization Documents (EADs).

When an employee’s TPS-based employment authorization changes or expires, employers have responsibilities around Form I-9 and reverification. However, an expired TPS-based EAD does not necessarily mean an employee has no other basis for work authorization.

An employee may have another valid immigration status, authorization, or pending matter that affects their ability to continue working.

That’s why employers should avoid making assumptions and instead follow the proper reverification process, apply policies consistently, and involve qualified immigration counsel when necessary.

For HR teams, consistency matters.

Trying to move too quickly can create just as much risk as failing to act.

The Workforce Impact Could Be the Bigger Challenge

Compliance may be the immediate concern, but home health leaders also need to consider what happens operationally if members of their workforce can no longer work.

Home health providers already operate in an incredibly competitive labor market. Losing caregivers doesn’t simply mean reopening a job posting.

It can mean:

• More overtime for existing employees
• Increased pressure on managers
• Difficulty accepting new clients
• Disruptions in continuity of care
• Greater recruiting demands
• Increased burnout among remaining employees

That is why Jennifer’s recommendations extended beyond immigration paperwork.

Employers with significant immigrant workforces should also be thinking about staffing contingency plans and understanding where immigration changes could create workforce vulnerabilities.

What Should Home Health Employers Do Now?

Waiting until an employee’s documentation expires—or until a government notice arrives—is not much of a strategy.

Home health employers should use this moment to look at their broader processes.

Start by reviewing how your organization tracks employment authorization and document expiration dates. Make sure HR knows when reverification is required and that the process is being handled consistently across employees and locations.

It may also be time for an internal review of your Form I-9 records. Jennifer recommended that employers proactively audit I-9s, compare records against payroll, appropriately document corrections, and make sure required records are being maintained.

Just as importantly, look beyond the paperwork.

Ask yourself:

If immigration changes affected part of our caregiver workforce tomorrow, do we know what we would do next?

If the answer is no, that’s a workforce planning conversation worth having now.

Preparation Beats Reaction

Haitian TPS may be driving the conversation today, but immigration policy will continue to evolve.

Home health employers don’t need to predict every policy change. They do need processes that allow them to respond when changes happen.

That means knowing your workforce, maintaining accurate records, monitoring employment authorization, training the people responsible for I-9 compliance, knowing when to involve immigration counsel, and preparing for potential staffing disruptions.

The organizations best positioned for what’s next won’t necessarily be the ones that know every immigration rule.

They’ll be the ones that have built a proactive, consistent, well-documented process for responding when the rules change.

Need Help Strengthening Your HR Processes?

MP can help your organization evaluate the HR processes surrounding onboarding, documentation, compliance, recruiting, and workforce planning.

And when a situation requires immigration-specific legal guidance, working with qualified immigration counsel can help ensure your organization takes the right next step.

Talk to MP about building an HR strategy that’s ready for what’s next.

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