USCIS Proposes Stricter I-140 Enforcement and Site Visits for EB Green Card Sponsors

The Department of Homeland Security and USCIS have proposed sweeping reforms to how Form I-140 employment-based immigrant petitions are reviewed, representing a notable shift toward stricter enforcement and higher documentation standards. The proposed changes affect all employment-based green card categories, including EB-3, and would formalize USCIS authority to conduct site visits at sponsoring employers to verify the legitimacy of the organization, the genuine nature of the offered role, and consistency between immigration filings and actual employment conditions. For EB-3 sponsors, one of the most consequential changes is increased scrutiny of the employer's continuous ability to pay from the priority date onward. USCIS adjudicators would require consistent financial documentation spanning the entire period since the priority date, demanding tighter coordination between HR, payroll, and finance departments. Employers who cannot produce cohesive records risk jeopardizing pending petitions. While the most rigorous new standards are aimed at EB-1 Extraordinary Ability and EB-2 NIW filings, all sponsoring employers should treat these proposals as a signal to review internal immigration compliance processes, align workforce data systems, and establish site visit preparedness protocols. EB-3 employers in particular should audit the alignment between job descriptions in Labor Certifications, I-140 petitions, and the employees' actual duties. In a separate development, TPS protections for approximately 60,000 nationals of Honduras, Nicaragua, and Nepal have been terminated following a February 9, 2026 Ninth Circuit Court of Appeals decision that lifted a district court order preserving those protections. Employers with TPS-dependent workers from these countries must complete I-9 reverification and evaluate whether alternative immigration pathways, including potential EB-3 sponsorship, are viable options to retain affected employees. Collectively, these developments underscore a broader enforcement-oriented posture from immigration authorities in early 2026. EB-3 sponsors should proactively assess their compliance infrastructure and consult immigration counsel to ensure filings and internal records are aligned before new enforcement mechanisms take effect.