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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10248 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 10248
To amend the Immigration and Nationality Act to establish a new class
of nonimmigrant visas for public service employees and authorize lawful
permanent resident status for certain individuals holding public
service jobs who entered the United States as children, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 3, 2026
Mr. Bera (for himself and Ms. Ross) introduced the following bill;
which was referred to the Committee on the Judiciary, and in addition
to the Committee on Education and Workforce, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to establish a new class
of nonimmigrant visas for public service employees and authorize lawful
permanent resident status for certain individuals holding public
service jobs who entered the United States as children, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``SERVICE for America Act''.
SEC. 2. W-VISAS.
(a) Public Service Jobs.--Section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)) is amended--
(1) in paragraph (15)--
(A) in subparagraph (U)(iii), by striking ``or'' at
the end;
(B) in subparagraph (V)(ii)(II), by striking the
period at the end and inserting ``; or''; and
(C) by adding at the end the following:
``(W) An alien described in section 214(s)(3), and
the alien spouse and minor children of such alien.''.
(2) by adding at the end the following:
``(53) The term `public service job' means--
``(A) a full-time job in emergency management,
government (excluding time served as a member of
Congress), military service, public safety, law
enforcement, public health (including nurses, nurse
practitioners, nurses in a clinical setting, and full-
time professionals engaged in health care practitioner
and technical occupations and health care support
occupations, as such terms are defined by the Bureau of
Labor Statistics), public education, social work in a
public child or family service agency, public interest
law services (including prosecution or public defense
or legal advocacy on behalf of low-income communities
at a nonprofit organization), early childhood education
(including licensed or regulated childcare, Head Start,
and State funded prekindergarten), public service for
individuals with disabilities, public service for the
elderly, public library sciences, school-based library
sciences and other school-based services, or at an
organization that is described in section 501(c)(3) of
the Internal Revenue Code of 1986 and exempt from
taxation under section 501(a) of such Code; or
``(B) teaching as a full-time faculty member at a
Tribal College or University as defined in section
316(b) and other faculty teaching in high-needs subject
areas or areas of shortage (including nurse faculty,
foreign language faculty, and part-time faculty at
community colleges), as determined by the Secretary.''.
(b) Admission of Nonimmigrants.--Section 214 of the Immigration and
Nationality Act (8 U.S.C. 1184) is amended by adding at the end the
following:
``(s) Requirement Applicable to Nonimmigrants Described in Section
101(a)(15)(W).--
``(1) In general.--An alien may be accorded status under
section 101(a)(15)(W) in accordance with this subsection.
``(2) Term.--Status under section 101(a)(15)(W) shall be
valid for a period of 3 years, and may be extended for a single
additional period of 3 years, while the alien remains employed
in a public service job.
``(3) Eligibility.--To be eligible to be accorded status
under section 101(a)(15)(W), an alien shall--
``(A) have--
``(i) been lawfully present in the United
States as a dependent child of a nonimmigrant
admitted to engage in employment in the United
States (other than a nonimmigrant described in
subparagraph (A), (G), (N), or (S) of section
101(a)(15)) for an aggregate period of not less
than 5 years; or
``(ii) been granted deferred action
pursuant to the Deferred Action for Childhood
Arrivals policy announced by the Secretary of
Homeland Security on June 15, 2012;
``(B) on the date on which an application for
status under section 101(a)(15)(W) is submitted, have
been physically present in the United States for an
aggregate period of not less than 5 years; and
``(C) shall be employed in a public service job, or
have received an offer to be so employed contingent on
receiving such status.
``(4) Waiver of grounds of inadmissibility.--With respect
to any benefit under this subsection, the Secretary may waive
the grounds of inadmissibility under paragraph (1), (6)(E),
(6)(G), or (10)(D) of section 212(a) for humanitarian purposes,
for family unity, or because the waiver is otherwise in the
public interest.
``(5) Employment authorization.--An alien accorded status
under section 101(a)(15)(W) (and the spouse and each child of
that alien) shall be authorized to be employed in the United
States incident to status.''.
SEC. 3. PERMANENT RESIDENT STATUS FOR CERTAIN INDIVIDUALS HOLDING
PUBLIC SERVICE JOBS WHO ENTERED THE UNITED STATES AS
CHILDREN.
(a) Requirements.--Section 201(b)(1) of the Immigration and
Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end
the following:
``(F) Requirements.--
``(i) In general.--Notwithstanding any
other provision of law, an alien may apply for
adjustment of status to that of an alien
lawfully admitted for permanent residence, and
such status may be adjusted, if that alien--
``(I) either--
``(aa) was--
``(AA) present in
the United States with
lawful status as a
dependent child of a
nonimmigrant (other
than a nonimmigrant
described in
subparagraph (A), (G),
(N), or (S) of section
101(a)(15)) admitted to
the United States and
authorized to be
employed therein for an
aggregate period of 7
years, and such
presence was valid as
of the date that is 6
months prior to the
date of application for
adjustment of status;
or
``(BB) granted
deferred action
pursuant to the
Deferred Action for
Childhood Arrivals
policy announced by the
Secretary of Homeland
Security on June 15,
2012; or
``(bb) has had status as a
nonimmigrant described under
section 101(a)(15)(W) for at
least 2 years;
``(II) as of the date on which an
application under this subparagraph is
submitted, has been physically present
in the United States for an aggregate
period of not less than 7 years; and
``(III) has been employed in a
public service job in the United States
for at least 2 years (which need not be
consecutive).
``(ii) Waiver of grounds of
inadmissibility.--With respect to any benefit
under this subparagraph, the Secretary may
waive the grounds of inadmissibility under
paragraph (1), (6)(E), (6)(G), or (10)(D) of
section 212(a) for humanitarian purposes, for
family unity, or because the waiver is
otherwise in the public interest.
``(iii) Pending applications.--No alien may
be detained or removed while an application is
pending under this subsection.''.
(b) Petition.--Section 204(a)(1) of the Immigration and Nationality
Act (8 U.S.C. 1154(a)(1)) is amended by adding at the end the
following:
``(M) Any alien entitled to classification under
section 201(b)(1)(F) may file a petition with the
Secretary of Homeland Security for such
classification.''.
SEC. 4. AMERICORPS ELIGIBILITY FOR DACA RECIPIENTS.
Section 137(a)(5) of the National and Community Service Act of 1990
(42 U.S.C. 12591(a)(3)) is amended to read as follows:
``(5) is--
``(A) a citizen or national of the United States;
``(B) a lawful permanent resident alien of the
United States;
``(C) an individual granted deferred action
pursuant to the Deferred Action for Childhood Arrivals
policy announced by the Secretary of Homeland Security
on June 15, 2012 (without regard to the limitations
imposed under subtitle A of title IV of the Personal
Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1611 et seq.)); or
``(D) an alien who was lawfully present in the
United States as a dependent child of a nonimmigrant
admitted to engage in employment in the United States
(other than a nonimmigrant described in subparagraph
(A), (G), (N), or (S) of section 101(a)(15)) for an
aggregate period of not less than 5 years.''.
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