Careworker Visa Act of 2026
Sponsored By: Representative Vasquez, Gabe [D-NM-2]
Introduced
Summary
A new W nonimmigrant careworker visa would create a dedicated pathway for certified families and small care businesses to bring temporary in‑home caregivers. It pairs that new visa with wage protections, whistleblower rules, and a limited route to lawful permanent residence for qualifying applicants.
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- Families and small employers would be able to sponsor year‑round in‑home caregivers or personal support workers. Individual or family employers must be a U.S. citizen or lawful permanent resident and employers must have fewer than 25 employees.
- Careworkers would get employer‑specific work authorization with an initial stay of 3 years and renewals in 3‑year increments. The bill would allow adjustment to lawful permanent resident status for qualifying applicants and caps associated adjustment fees at no more than $500.
- Workers gain enforceable protections: employers must pay at or above the prevailing wage, retaliation is barred and whistleblower remedies are added. The Department of Labor must certify labor market tests and run an office for wage and safety complaints, and overall visa issuance is capped at 100,000 per year.
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 1 benefits, 1 costs, 3 mixed.
Path to green card for careworkers
If enacted, the bill would let many careworkers adjust to W status or apply for lawful permanent residence if they were in the United States on January 1, 2024 and stayed continuously. Applicants must file required forms, pay any owed Federal, State, and local taxes, and may need a waiver for certain inadmissibility grounds. The unlawful‑presence waiver would require a $500 fee and proof of tax payments for unauthorized periods. The Secretary must keep the adjustment fee at no more than $500 and green cards granted this way would not count against usual yearly visa limits.
New W careworker visa program
If enacted, the bill would create a new W nonimmigrant visa for in‑home and small‑group careworkers. Spouses and children under 21 would be eligible to come as dependents. Visas would be valid for three years and renewals would be in three‑year increments. Employment authorization would be tied to the named employer and separated W workers would get a 90‑day grace period while a new employer files; the Secretary must allocate visas if demand exceeds the cap of 100,000 per fiscal year.
New rules for careworker employers
If enacted, the bill would limit sponsoring employers to individuals/families who hire in private homes and small caregiving businesses with fewer than 25 employees. Employers would be barred if they have specified criminal convictions, trafficking findings, or recent final adjudications for serious labor or safety violations. Covered employers must file a government petition with a job offer, attest to paying the prevailing wage, submit three years of tax returns, give biometrics, keep wage records, notify the Secretary of major job changes within 14 days, and pay a filing fee set to cover program costs and reviewed at least every two years.
Stronger wage and rights for careworkers
If enacted, the bill would require covered employers to pay W workers at least the prevailing wage for the job in the local area. The Department of Labor would certify whether there are enough U.S. workers where the job is located before a W visa could be granted. The bill would also direct the Department of Labor to set up an office to take wage complaints and would ban employer retaliation for reporting violations. The certification gate could limit new W hires while the wage and complaint rules raise worker protections.
Fast rules and petition deadlines
If enacted, the bill would require the Secretary, in consultation with Labor and State, to finalize implementing regulations within 90 days of enactment. The Secretary could implement parts earlier to prepare operations. The Secretary would also be required to adjudicate complete petitions within 90 days. The Act would take effect 90 days after enactment unless the Secretary starts parts sooner.
Sponsors & CoSponsors
Sponsor
Vasquez, Gabe [D-NM-2]
NM • D
Cosponsors
Rep. Houlahan, Chrissy [D-PA-6]
PA • D
Sponsored 6/9/2026
Rep. Wasserman Schultz, Debbie [D-FL-25]
FL • D
Sponsored 6/15/2026
Rescom. Hernández, Pablo Jose [D-PR-At Large]
PR • D
Sponsored 9/15/2026
Roll Call Votes
No roll call votes available for this bill.
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