Health and Human Services Workforce Visa Act

What it does

• •Creates a new nonimmigrant visa category (W visa) for health and human services workers coming temporarily to the United States to perform services for qualifying employers in designated occupations.
• •Establishes a petition process requiring qualifying employers to obtain approval from the Secretary of Homeland Security in consultation with the Secretaries of Labor and Health and Human Services, along with a labor attestation filed with the Department of Labor.
• •Permits initial admission for 3 years with extensions up to 3 additional years, and further extensions if the worker has a pending green card application or the employer demonstrates ongoing workforce shortages.
• •Allows spouses and children of principal visa holders to accompany or follow to join the worker, and permits workers to change employers by filing a new petition while maintaining status.

Why it matters

• •Addresses stated workforce shortages in health and human services by creating a dedicated visa pathway for foreign workers in occupations serving vulnerable populations including individuals with intellectual or developmental disabilities, mental health or substance use disorders, and those requiring long-term care.
• •Includes multiple safeguards against employer exploitation, including attestation requirements, debarment provisions for employers with violations of wage and hour laws, fraud, health and safety violations, or abuse of service recipients.
• •Requires attestations and credentials verification to protect U.S. workers and maintain service quality standards in health and human services fields.

Who is affected

• •Health and human services employers offering long-term care, behavioral health services, developmental disability services, and related fields that meet qualifying criteria and obtain required approvals.
• •Foreign workers in designated health and human services occupations seeking temporary admission to work in the United States, along with their spouses and children.
• •U.S. workers in health and human services occupations, through attestation and wage protection requirements intended to ensure recruitment of U.S. workers and maintenance of working conditions.

What happens next

The bill has been referred to the House Committee on the Judiciary and additional committees for consideration; the Secretary of Homeland Security is directed to issue regulations and commence the program within a timeframe to be determined.