Careworker Visa Act of 2026
- Bill Number
- H.R. 9234
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Status
- Introduced
- Latest Action
- 2026-06-09: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-07-10T10:23:22Z
AI-Generated Summary
Purpose The Careworker Visa Act of 2026 establishes a new W nonimmigrant visa category to address shortages of careworkers providing childcare, eldercare, and in-home support for individuals with disabilities. It aims to formalize employment relationships, enforce wage protections, and create a structured pathway for approved employers to hire qualified foreign workers while supporting U.S. workforce participation in caregiving roles.
Key Provisions
- New Visa Category: Amends the Immigration and Nationality Act (INA) to add section 101(a)(15)(W), allowing temporary entry for careworkers sponsored by certified employers, including their spouses and children under 21.
- Definitions and Eligibility: Careworkers are limited to home or small-group settings (excluding large institutions like hospitals or facilities with 25+ employees). Covered employers include U.S. citizen or lawful permanent resident individuals/families and small businesses with fewer than 25 employees.
- Petition Process: Employers file petitions with the Department of Homeland Security (DHS), including job offers, prevailing wage attestations, tax returns, and biometrics. DHS adjudicates within 90 days.
- Wage and Labor Protections: Requires payment at or above prevailing wages; establishes a DOL office for wage certification, complaint handling, and worker education in multiple languages.
- Annual Cap and Duration: Limits to 100,000 visas per fiscal year; initial 3-year validity, renewable in 3-year increments, with a path to lawful permanent residency (no numerical limits on adjustment).
- Adjustment of Status: Allows certain individuals present in the U.S. since January 1, 2024 (including some without status, DACA recipients, or parolees) to adjust to W nonimmigrant status, subject to background checks, tax payments, and waivers for specific inadmissibility grounds.
- Protections and Enforcement: Includes 90-day grace periods for job changes, non-retaliation rules, whistleblower protections against employer discrimination, and requirements for plain-language rights summaries.
- Rulemaking and Reporting: Mandates regulations within 90 days and annual congressional reports on petitions, visas, and complaints.
Significant Changes to Existing Law
- Introduces a new nonimmigrant classification (W) under INA section 101(a)(15), expanding beyond existing categories like H or L visas.
- Adds subsection 214(s) governing careworker employment, including employer eligibility restrictions and prevailing wage mandates.
- Creates limited waivers for inadmissibility under INA section 212(a) and a dedicated adjustment process for certain unauthorized workers.
- Amends INA section 214(c) to add whistleblower protections for workers reporting violations.
- Establishes new administrative processes for petitions, wage enforcement, and status adjustments not previously available for this occupation.
Potential Impacts
- Government Agencies: Increases workload for DHS (petition adjudication and enforcement), Department of Labor (wage certification and complaints), and Department of State (visa issuance); requires new offices, systems, and interagency coordination.
- Citizens: May improve access to affordable care services for families and older adults, potentially enabling greater workforce participation, while imposing compliance costs on small employers.
- International Relations: Facilitates temporary entry of foreign nationals, potentially affecting bilateral labor agreements or diplomatic ties with source countries, though no specific international provisions are included.
Main Stakeholders Affected
- Covered employers (U.S. families and small caregiving businesses).
- Prospective and current careworkers (foreign nationals seeking or holding W status).
- Care recipients (children, older adults, and individuals with disabilities).
- U.S. workers in similar caregiving roles (due to wage and labor market protections).
- Federal agencies (DHS, DOL, State Department) responsible for implementation and oversight.
Notable Legal, Constitutional, or Political Implications
- Operates within Congress's plenary power over immigration and naturalization under the Constitution.
- Includes humanitarian and family unity waivers for inadmissibility, raising questions about administrative discretion in enforcement.
- Introduces labor market tests via DOL certification and prevailing wage requirements, potentially intersecting with existing employment-based immigration rules.
- Establishes anti-retaliation and whistleblower mechanisms that extend worker protections in a temporary visa context.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (2)
Rep. Houlahan, Chrissy [D-PA-6], Rep. Wasserman Schultz, Debbie [D-FL-25]
Recent Actions
- 2026-06-09: Referred to the House Committee on the Judiciary.
- 2026-06-09: Introduced in House
- 2026-06-09: Introduced in House
Bill Versions
- Careworker Visa Act of 2026 — issued 2026-06-09 — PDF (27 pages)