119-s-5197119th CongressWALLET

State-Sponsored Visa Pilot Program Act of 2026

Sponsored By: Senator Curtis, John R. [R-UT]

Introduced

Summary

This bill would create a new State-sponsored nonimmigrant (W) program that lets states sponsor temporary foreign workers in exchange for economic contributions. It would shift major control over where sponsored workers live and work to states and bar those workers from Federal means-tested benefits.

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  • States: Any state with legislative approval could apply to sponsor workers, set state rules on employment and residence, collect fees and require bonds, join interstate compacts, and run complaint and enforcement systems that are generally not subject to federal judicial review.
  • Sponsored nonimmigrants: Individuals would get employment authorization and access to state occupational licensing, face an initial stay of up to 3 years, and be ineligible for Federal means-tested benefits. They could seek adjustment to lawful permanent residence if they have an approved immigrant petition and would get work and travel authorization while that application is pending after biometric checks.
  • Employers and labor safeguards: Employers must pay Federal payroll taxes and follow employer health care responsibilities for these workers. Annual visa limits start with a 5,000 baseline plus population-based allocations, and compliance tools include bond triggers when more than 3 percent of a state’s sponsored workers violate program terms, with minimum bonds beginning at $4,000 and rising by $1,000 in later years.

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 0 benefits, 1 costs, 4 mixed.

Mandatory bonds and refunds rules

This bill would require States to make sponsored people post bonds if a State has more than 3% of sponsored people found to have violated program terms. The initial required bond would be at least $4,000 per person the first fiscal year, rise by $1,000 in later years, and be adjusted annually for inflation based on the June CPI. States would have to repay full bonds to sponsored people who complied and did not live or work outside the sponsor State after certain triggers (embassy verification, approved immigrant petition, or death), and a State could deny repayment only with clear and convincing proof of knowing violations.

Status, work rights, and benefit limits

This bill would let sponsoring States set initial W status up to 3 years and allow renewals only if the State requests it and the person lived continuously in that sponsoring State or compact States. State-sponsored W holders would be authorized to work and eligible for State occupational licensing. If a sponsored person has an approved immigrant petition, they would be able to file to adjust status and have lawful presence while waiting for a visa number, and could get work and travel authorization after biometric checks. At the same time, State-sponsored nonimmigrants would be ineligible for any Federal means-tested benefit starting when they join the program, and the SAVE system would be updated within 30 days of enactment.

Employer tax and coverage duties

This bill would require employers of State-sponsored nonimmigrants to follow all federal, State, and local tax laws, including payroll taxes. For employer health coverage rules, these nonimmigrants would count as full-time employees certified as enrolled in qualified plans for purposes of the employer shared responsibility rules. Employers who fail to pay required payroll taxes would face penalties.

Waiver rules, fees, and fraud limits

This bill would let certain people who were in the U.S. on Dec. 31, 2016 get narrow waivers if a participating State requests them. To qualify, applicants would need specific proof of presence, either SSA/IRS/government records or three other reliable documents. Applicants would pay a processing/fraud-review fee set by the Secretary, and approved applicants would pay at least a $1,000 penalty to the U.S. Treasury. The bill would create fraud-prevention training and audits, make knowingly filing a fraudulent waiver a crime (up to 5 years), limit judicial review to constitutional claims in D.C., and protect employers who submit employment records for waiver support from certain prosecutions unless the records are fraudulent.

State-run visa program rules

This bill would create a new State-sponsored W visa and let States (or compacts of States) apply to sponsor people. DHS must approve State applications that meet rules, including prior State legislative approval and State tracking of where sponsored people live and work. States could form interstate compacts so sponsored people may live and work across compact States. DHS must write program regulations within 180 days. Federal courts and agencies would be barred from reviewing many State decisions about sponsorship or termination; States could set their own appeals processes.

Sponsors & CoSponsors

Sponsor

Curtis, John R. [R-UT]

UT • R

Cosponsors

  • Sen. Kelly, Mark [D-AZ]

    AZ • D

    Sponsored 7/30/2026

Roll Call Votes

No roll call votes available for this bill.

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