HouseH.R. 9234119th Congress
Careworker Visa Act of 2026
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9234 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 9234
To establish a W nonimmigrant visa program for careworkers.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 9, 2026
Mr. Vasquez (for himself and Ms. Houlahan) introduced the following
bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish a W nonimmigrant visa program for careworkers.
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 ``Careworker Visa Act of 2026''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States faces a substantial and growing
shortage of qualified careworkers to provide childcare,
eldercare, and in-home care for individuals with disabilities.
(2) As the U.S. population ages, demand for eldercare and
in-home support services is projected to increase
significantly, outpacing the current domestic labor supply.
(3) Access to reliable childcare and eldercare enables
other American workers to remain in the workforce, supporting
economic growth and productivity.
(4) Careworkers have often worked in informal economies
with exposure to poor work conditions and pay.
(5) Establishing a dedicated careworker visa classification
will formalize these employment relationships, ensure wage
protections for domestic workers, and provide a reliable and
accountable pathway for employers to obtain qualified care.
SEC. 3. CAREWORKER NONIMMIGRANTS.
Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) is amended--
(1) in subparagraph (U)(iii), by striking the ``or'' at the
end;
(2) in subparagraph (V), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(W)(i) an alien who is sponsored by an employer
who has been certified by the U.S. Department of Labor
and is coming temporarily to the United States to work
for such employer as a careworker in accordance with
section 214(s); and
``(ii) the alien spouse of an alien described in
clause (i) and any children younger than 21 years of
age of such an alien.''.
SEC. 4. W NONIMMIGRANTS.
Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184)
is amended by:
(1) In subsection (b), by deleting ``subparagraph (L) or
(V)'' and inserting ``subparagraph (L), (V), or (W)''.
(2) By adding at the end the following:
``(s) Careworker.--
``(1) Definitions.--In this subsection:
``(A) Careworker.--
``(i) The term `careworker' means an
individual whose primary duties consist of
providing--
``(I) childcare, including
supervision, instruction, and
developmental support of children in a
home or small group setting;
``(II) eldercare, including non-
medical assistance, companionship, and
activities of daily living support for
older adults; or
``(III) in-home or community-level
personal support for individuals with
disabilities, including assistance with
activities of daily living, mobility,
and communication.
``(ii) The term does not include
individuals primarily employed by hospitals,
skilled nursing facilities, residential care
institutions with 25 or more employees, or
other institutional healthcare employers.
``(iii) Any careworker as defined in clause
(i) shall perform their duties in compliance
with all Federal, State and local requirements.
``(B) Covered employer.--
``(i) The term `covered employer' means--
``(I) an individual or family that
employs a careworker to provide care in
the individual's or family's private
residence; or
``(II) a small caregiving business
with fewer than 25 employees, including
daycare centers, small eldercare
facilities, and small group-home or
residential care facilities, and that
is lawfully organized under the laws of
a State.
``(ii) The term does not include an
employer if the employer--
``(I) has, with respect to the
application required under paragraph
(2)(B), including any attestations
required by law--
``(aa) knowingly
misrepresented a material fact;
``(bb) knowingly made a
fraudulent statement; or
``(cc) knowingly failed to
comply with the terms of such
attestations;
``(II) failed to cooperate with an
investigation by the Secretary or
Secretary of Labor;
``(III) the employer or any officer
of the employer has been convicted of
an offense set out in chapter 77 of
title 18, United States Code, or any
conspiracy to commit such offenses, or
any human trafficking offense under
State or territorial law;
``(IV) has, within 2 years prior to
the date of application--
``(aa) received a final
adjudication of having
committed any hazardous
occupation orders violation
resulting in injury or death
under the child labor
provisions contained in section
12 of the Fair Labor Standards
Act of 1938 (29 U.S.C. 211) and
any pertinent regulation;
``(bb) received a final
adjudication assessing a civil
money penalty for any repeated
or willful violation of the
minimum wage provisions of
section 6 of the Fair Labor
Standards Act of 1938 (29
U.S.C. 206); or
``(cc) received a final
adjudication assessing a civil
money penalty for any willful
violation of the overtime
provisions of section 7 of the
Fair Labor Standards Act of
1938 or any regulations
thereunder; or
``(V) has, within 2 years prior to
the date of application, received a
final adjudication for a willful
violation or repeated serious
violations involving injury or death--
``(aa) of section 5 of the
Occupational Safety and Health
Act of 1970 (29 U.S.C. 654);
``(bb) of any standard,
rule, or order promulgated
pursuant to section 6 of the
Occupational Safety and Health
Act of 1970 (29 U.S.C. 655); or
``(cc) of a plan approved
under section 18 of the
Occupational Safety and Health
Act of 1970 (29 U.S.C. 667).
``(C) Secretary.--The term `Secretary' means the
Secretary of Homeland Security.
``(D) Prevailing wage.--The term `prevailing wage'
means the wage determined for the relevant occupation
and metropolitan statistical area using data from the
Department of Labor's Office of Foreign Labor
Certification Wage Search tool, or any successor data
source designated by the Secretary of Labor.
``(E) W nonimmigrant.--The term `W nonimmigrant'
means an alien with status as a nonimmigrant under
section 101(a)(15)(W).
``(2) Employer participation.--
``(A) Eligibility.--A covered employer is eligible
to participate in the sponsorship process under this
subsection if the employer--
``(i) employs or seeks to employ a W
nonimmigrant as a careworker in a year-round
role as a caregiver or personal support worker;
and
``(ii) in the case of a covered employer
who is an individual or family, is a United
States citizen or a lawful permanent resident.
``(B) Petition.--A covered employer seeking to
employ a W nonimmigrant as a careworker under this
subsection shall file a petition with the Secretary on
a form and in a manner prescribed by the Secretary,
which shall include--
``(i) submission of--
``(I) a job offer letter or
employment contract from the covered
employer;
``(II) an attestation of compliance
with the prevailing wage requirements
set forth in paragraph (5);
``(III) evidence demonstrating the
beneficiary's eligibility and
admissibility, or waiver of
inadmissibility, under paragraph (3);
``(IV) a fee, as required by the
Secretary;
``(V) biometrics of the employer,
for an individual employer; and for the
owner or directing officer, for a
business employer; and
``(VI) the last three years of tax
returns for the individual or business,
as applicable, to demonstrate their
ability to pay the salary of the
caregiver if approved.
``(ii) The Secretary shall adjudicate
petitions within 90 days of receipt of a
complete filing.
``(C) Continuing obligations.--A covered employer
that employs a W nonimmigrant under this subsection
shall--
``(i) maintain records of wages paid to the
W nonimmigrant and make such records available
for inspection by the Secretary of Labor upon
request;
``(ii) notify the Secretary within 14 days
of any material change in the terms or
conditions of employment, including separation;
and
``(iii) comply with all applicable Federal
and State labor and employment laws.
``(3) Beneficiary.--
``(A) Eligibility.--An alien is eligible for status
under section 101(a)(15)(W) if the alien--
``(i) has received a qualifying job offer
as a caregiver from an approved covered
employer;
``(ii) is admissible to the United States,
or eligible for a waiver of inadmissibility
pursuant to subparagraph (B); and
``(iii) passes a background check,
including a check of criminal records and
relevant databases, conducted by the Secretary.
``(B) Waivers.--The Secretary is authorized to
waive the grounds of inadmissibility under section
212(a)(9)(B) if the alien--
``(i) files a petition requesting a waiver
of inadmissibility;
``(ii) demonstrates payment of all
applicable Federal, State, and local taxes,
including any back taxes owed, for all periods
of unauthorized presence in the United States;
and
``(iii) pays a fee of $500.
``(C) Motions for termination or removal.--The
Secretary, in coordination with the Attorney General,
shall establish a process for an alien--
``(i) in removal proceedings, upon approval
of the petition in paragraph (2)(B), to request
termination of proceedings; or
``(ii) with a final order of removal, upon
approval of the petition in paragraph (2)(B),
to file a motion to reopen the final order and
terminate proceedings.
``(D) Adjustment of status.--
``(i) Eligibility.--An alien is eligible
for adjustment of status to that of a W
nonimmigrant if that alien--
``(I) submits an application or has
an eligible employee submit a petition
on their behalf;
``(II) pays the fee under
subparagraph (B)(iii) as required and
any tax liability owed to the United
States;
``(III) was present in the United
States as of January 1, 2024--
``(aa) without lawful
status under the immigration
laws;
``(bb) with deferred action
granted to the alien pursuant
to the Deferred Action for
Childhood Arrivals program set
forth in the memorandum of the
Secretary dated June 15, 2012;
``(cc) as a parolee;
``(dd) with deferred
enforced departure; or
``(ee) with status as a
nonimmigrant that has
employment authorization;
``(IV) has been continuously
present in the United States during the
period beginning on January 1, 2024,
through the date of the application for
status; and
``(V) is not inadmissible under
paragraph (1), (6)(E), (6)(G), (8), or
(10) of section 212(a) of the
Immigration and Nationality Act (8
U.S.C. 1182(a)), except that with
respect to any benefit under this
subparagraph, and in addition to the
waivers under subparagraph (B), 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.
``(ii) Ground of ineligibility.--Except as
provided in clause (iii), an alien is
ineligible under this subparagraph if any of
the following apply:
``(I) The alien is inadmissible
under paragraph (2) or (3) of section
212(a).
``(II) Excluding any offense under
State law for which an essential
element is the alien's immigration
status, and any minor traffic offense,
the alien has been convicted of--
``(aa) any felony offense;
``(bb) three or more
misdemeanor offenses (excluding
simple possession of cannabis
or cannabis-related
paraphernalia, any offense
involving cannabis or cannabis-
related paraphernalia which is
no longer prosecutable in the
State in which the conviction
was entered, and any offense
involving civil disobedience
without violence) not occurring
on the same date, and not
arising out of the same act,
omission, or scheme of
misconduct; or
``(cc) a misdemeanor
offense of domestic violence,
unless the alien demonstrates
that such crime is related to
the alien having been--
``(AA) a victim of
domestic violence,
sexual assault,
stalking, child abuse
or neglect, abuse or
neglect in later life,
or human trafficking;
``(BB) battered or
subjected to extreme
cruelty; or
``(CC) a victim of
criminal activity
described in section
101(a)(15)(U)(iii).
``(iii) Waiver for certain misdemeanors.--
For humanitarian purposes, family unity, or if
otherwise in the public interest, the Secretary
may--
``(I) waive the grounds of
inadmissibility under subparagraphs
(A), (C), and (D) of section 212(a)(2),
unless the conviction forming the basis
for inadmissibility would otherwise
render the alien ineligible under
clause (ii)(II); and
``(II) for purposes of clauses (ii)
and (iii) of paragraph (1)(B), waive
consideration of--
``(aa) one misdemeanor
offense if the alien has not
been convicted of any offense
in the 5-year period preceding
the date on which the alien
applies for adjustment of
status under this title; or
``(bb) up to two
misdemeanor offenses if the
alien has not been convicted of
any offense in the 10-year
period preceding the date on
which the alien applies for
adjustment of status under this
title.
``(iv) Definitions.--For purposes of this
subparagraph--
``(I) the term `felony offense'
means an offense under Federal or State
law that is punishable by a maximum
term of imprisonment of more than 1
year;
``(II) the term `misdemeanor
offense' means an offense under Federal
or State law that is punishable by a
term of imprisonment of more than 5
days but not more than 1 year; and
``(III) the term `crime of domestic
violence' means any offense that has as
an element the use, attempted use, or
threatened use of physical force
against a person committed by a current
or former spouse of the person, by an
individual with whom the person shares
a child in common, by an individual who
is cohabiting with or has cohabited
with the person as a spouse, by an
individual similarly situated to a
spouse of the person under the domestic
or family violence laws of the
jurisdiction where the offense occurs,
or by any other individual against a
person who is protected from that
individual's acts under the domestic or
family violence laws of the United
States or any State, Indian Tribal
government, or unit of local
government.
``(v) Certification.--Any alien who seeks
status as a W nonimmigrant for the purpose of
performing skilled or unskilled labor is
inadmissible, unless the Secretary of Labor has
determined and certified to the Secretary of
State and the Attorney General that--
``(I) there are not sufficient
workers who are able, willing,
qualified and available at the time of
application for a visa and admission to
the United States and at the place
where the alien is to perform such
skilled or unskilled labor; and
``(II) the employment of such alien
will not adversely affect the wages and
working conditions of workers in the
United States similarly employed.
``(4) Employment authorization.--
``(A) Employment authorization under this
subsection is incident to status and is confined to the
covered employer named in the approved petition.
``(B) A W nonimmigrant who separates from an
employer and seeks to transfer to a new covered
employer shall be afforded a grace period of 90 days,
during which the W nonimmigrant retains lawful status,
to allow a new covered employer to file a petition on
the W nonimmigrant's behalf.
``(C) During the 90-day grace period described in
subparagraph (B), the W nonimmigrant is authorized to
transition to any qualifying caretaker role with a new
covered employer.
``(D) Within 10 business days, the new employer
must file a petition with the Department to demonstrate
that the W nonimmigrant is employed as a caregiver or
personal support worker.
``(5) Prevailing wage requirements.--
``(A) A covered employer shall pay a W nonimmigrant
wages that meet or exceed the prevailing wage for the
relevant occupation in the applicable metropolitan
statistical area.
``(B) The Secretary of Labor shall establish an
office to--
``(i) certify prevailing wages for W
nonimmigrant positions;
``(ii) receive complaints from W
nonimmigrant, including for wage theft or other
wage violations or poor working conditions, and
imposing penalties for noncompliance;
``(iii) investigate complaints received in
clause (ii);
``(iii) provide information in the top ten
languages of approved W nonimmigrants as well
as the ability to translate information through
a help-line; and
``(iv) develop and share resources with W
nonimmigrants about their workplace rights.
``(6) Filing fees.--
``(A) A covered employer shall pay a filing fee at
the time of submitting a petition. The Secretary shall
set the filing fee in an amount sufficient to cover the
full cost of processing the sponsorship petition and W
nonimmigrant application.
``(B) The Secretary shall review and adjust filing
fees not less frequently than every 2 years to ensure
that fee revenues remain sufficient to cover program
costs.
``(7) Annual limit.--
``(A) In general.--Not more than 100,000 aliens may
be accorded status as W nonimmigrants each fiscal year.
``(B) Allocation.--The Secretary shall by
regulation establish procedures for the allocation of
available visas when demand exceeds the annual limit,
including provisions to ensure equitable access for
both individual/family and small business employers.
``(8) Duration.--
``(A) A visa issued to a W nonimmigrant shall have
an initial validity period of 3 years.
``(B) A W nonimmigrant may renew a W nonimmigrant
visa in additional 3-year increments, subject to
continued eligibility under this section.
``(C) Applications for renewal may be filed from
within the United States and shall be adjudicated by
the Secretary.
``(D) A W nonimmigrant may seek adjustment of
status to lawful permanent resident in accordance with
the following:
``(i) The Secretary shall establish a
process and required fees no higher than $500
for adjustment of status in accordance with
this section.
``(ii) An alien whose status is adjusted to
that of an alien lawfully admitted for
permanent residency under this section is not
subject to the worldwide levels or numerical
limitations of section 201(a).
``(9) Non-retaliation.--
``(A) It shall be unlawful for a covered employer
to--
``(i) intimidate, threaten, or retaliate
against a W nonimmigrant for exercising any
right under this Act;
``(ii) use the W nonimmigrant's immigration
status as a means of coercion or control; or
``(iii) terminate the W nonimmigrant's
employment in retaliation for reporting wage
violations or unsafe working conditions to a
Federal or State agency.
``(B) Information.--The Secretary shall provide
each W nonimmigrant, in plain language and in the W
nonimmigrant's primary language where practicable, a
written summary of the W nonimmigrant's rights under
this Act and applicable Federal and State labor laws.
``(10) Rulemaking.--Not later than 90 days after the date
of enactment of this subsection, the Secretary, in consultation
with the Secretary of Labor and the Secretary of State, shall
finalize regulations implementing this Act.
``(11) Annual report to congress.--Not later than 2 years
after the date of enactment of this Act, and annually
thereafter, the Secretary shall submit to the Committee on the
Judiciary of the House of Representatives and the Committee on
the Judiciary of the Senate a report on the implementation of
this Act, including--
``(A) the number of sponsorship petitions filed,
approved, and denied;
``(B) the number of W nonimmigrant visas issued and
renewed;
``(C) the number and disposition of wage violation
complaints; and
``(D) recommendations for legislative changes, if
any, to improve the program.''.
SEC. 5. WHISTLEBLOWER PROTECTIONS.
Section 214(c) of the Immigration and Nationality Act (8 U.S.C.
1184(c)) is amended by adding at the end the following:
``(15) Whistleblower protections.--
``(A) Prohibitions.--A person may not discharge,
demote, suspend, threaten, harass, decline to hire, or
in any other manner discriminate against a worker in
the terms and conditions of employment because such
worker--
``(i) has filed a complaint, testified,
assisted, or cooperated or seeks to cooperate,
in an investigation or other proceeding
concerning compliance with the requirements
under this title or any rule or regulation
pertaining to any workplace claim;
``(ii) has disclosed information to any
other person or entity, that the worker
reasonably believes evidences a violation of
this title or any rule or regulation pertaining
to this title, or grounds for any workplace
claim;
``(iii) has assisted or participated, or
has information that may assist, in any manner
in a proceeding or in any other action to carry
out the purposes of this title or any workplace
claim;
``(iv) has furnished information to the
Department of Labor, the Department of Homeland
Security, the Department of Justice, the Equal
Employment Opportunity Commission, the National
Labor Relations Board, or any Federal, State,
or local regulatory or law enforcement agency
relating to a violation of this title or any
workplace claim, or has such information to
furnish to the relevant agency; or
``(v) has objected to, or refused to
participate in, any activity, policy, practice,
or assigned task that the worker (or other such
individual) reasonably believed to be in
violation of any provision of this Act or any
other Act, or any order, rule, regulation,
standard, or ban under any Act.
``(B) Enforcement.--A worker who believes that he
or she has suffered a violation of subparagraph (A) may
seek relief in accordance with the procedures,
notifications, burdens of proof, remedies, and statutes
of limitations.''.
SEC. 6. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the date that is 90 days after the date of enactment, except that the
Secretary may implement any provision earlier to the extent necessary
to prepare regulations and operational capacity.
SEC. 7. RULEMAKING.
Not later than 90 days after the date of enactment of this
subsection, the Secretary of Homeland Security, in consultation with
the Secretary of Labor and the Secretary of State, shall finalize rules
implementing this Act and the amendments made by this Act.
SEC. 8. ANNUAL REPORT TO CONGRESS.
Not later than 2 years after the date of enactment of this Act, and
annually thereafter, the Secretary shall submit to the Committee on the
Judiciary of the House of Representatives and the Committee on the
Judiciary of the Senate a report on the implementation of this Act and
the amendments made by this Act, including--
(1) the number of sponsorship petitions filed, approved,
and denied;
(2) the number of W nonimmigrant visas issued and renewed;
(3) the number and disposition of wage violation
complaints; and
(4) recommendations for legislative changes, if any, to
improve the program.
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