H.R. 9234

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9234 Introduced in House (IH)]

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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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