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.