Careworker Visa Act of 2026

Summary#

This bill would create a new W nonimmigrant visa for careworkers. It defines careworkers as people who provide childcare, eldercare, or in-home support for people with disabilities, and excludes workers who are primarily employed by large hospitals or facilities. Covered employers are private households or small caregiving businesses with fewer than 25 employees. Employers must be certified, file a petition with supporting documents, pay filing fees set by the Secretary, and pay a prevailing wage. The Department of Labor would certify wages, take complaints, and investigate wage or workplace violations. The bill sets an annual cap of 100,000 W visas, issues initial visas for 3 years with renewals available, and gives workers a 90-day grace period to change employers. It creates a path to adjust status for certain people present in the United States as of January 1, 2024, allows some waivers of inadmissibility, and includes non-retaliation and whistleblower protections. The Secretary of Homeland Security, with the Secretaries of Labor and State, must issue regulations within 90 days and report to Congress starting 2 years after enactment and annually thereafter.

What it means for you#

  • If you are a careworker outside the United States: you could be sponsored by a certified small employer or a U.S. household to come work in a defined caregiving role under the W visa. You must pass background checks and meet admissibility rules.
  • If you are a careworker already in the United States and were present as of January 1, 2024: you may be eligible to apply to adjust status to W nonimmigrant and later for permanent residency if you meet the bill's conditions.
  • If you are an employer (household or small caregiving business): you must file a petition, show ability to pay wages, pay the prevailing wage, keep wage records, and meet other attestations. Individual family employers must be U.S. citizens or lawful permanent residents.
  • If you are a worker or employer concerned about workplace problems: the bill requires the Department of Labor to provide complaint intake, investigations, and information in multiple languages, and it bars employer retaliation for complaints.

Expenses#

  • The bill requires employers to pay filing fees when submitting petitions; the Secretary will set the fee to cover the full cost of processing.
  • The bill requires employers to pay a prevailing wage for the area and occupation; the bill does not set specific dollar amounts.
  • A waiver of certain inadmissibility grounds requires payment of $500 and proof of tax payment for periods of unlawful presence.
  • The bill caps the adjustment-of-status fee at no more than $500 for adjustments under this section.
  • No publicly available information on overall program costs, total government spending, or economic estimates is provided in the bill text.

Proponents' View#

The bill itself lists findings supporting the proposal: there is a growing shortage of qualified careworkers; an aging population will increase demand for eldercare and in-home support; reliable childcare and eldercare help other workers remain in the workforce; careworkers often work in informal settings with poor conditions; and a dedicated visa classification would formalize work relationships, ensure wage protections, and create a reliable pathway for employers to hire qualified careworkers.

Opponents' View#

No publicly available information.