I
119th CONGRESS
2d Session
H. R. 10248
IN THE HOUSE OF REPRESENTATIVES
September 3, 2026
Mr. Bera (for himself and Ms. Ross) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Education and Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To amend the Immigration and Nationality Act to establish a new class of nonimmigrant visas for public service employees and authorize lawful permanent resident status for certain individuals holding public service jobs who entered the United States as children, and for other purposes.
Short title
This Act may be cited as the SERVICE for America Act
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W-visas
Public service jobs
Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended—
in paragraph (15)—
in subparagraph (U)(iii), by striking or
at the end;
in subparagraph (V)(ii)(II), by striking the period at the end and inserting ; or
; and
by adding at the end the following:
An alien described in section 214(s)(3), and the alien spouse and minor children of such alien.
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by adding at the end the following:
The term public service job means—
a full-time job in emergency management, government (excluding time served as a member of Congress), military service, public safety, law enforcement, public health (including nurses, nurse practitioners, nurses in a clinical setting, and full-time professionals engaged in health care practitioner and technical occupations and health care support occupations, as such terms are defined by the Bureau of Labor Statistics), public education, social work in a public child or family service agency, public interest law services (including prosecution or public defense or legal advocacy on behalf of low-income communities at a nonprofit organization), early childhood education (including licensed or regulated childcare, Head Start, and State funded prekindergarten), public service for individuals with disabilities, public service for the elderly, public library sciences, school-based library sciences and other school-based services, or at an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; or
teaching as a full-time faculty member at a Tribal College or University as defined in section 316(b) and other faculty teaching in high-needs subject areas or areas of shortage (including nurse faculty, foreign language faculty, and part-time faculty at community colleges), as determined by the Secretary.
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Admission of nonimmigrants
Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following:
Requirement applicable to nonimmigrants described in section 101(a)(15)(W)
In general
An alien may be accorded status under section 101(a)(15)(W) in accordance with this subsection.
Term
Status under section 101(a)(15)(W) shall be valid for a period of 3 years, and may be extended for a single additional period of 3 years, while the alien remains employed in a public service job.
Eligibility
To be eligible to be accorded status under section 101(a)(15)(W), an alien shall—
have—
been lawfully present in the United States as a dependent child of a nonimmigrant admitted to engage in employment in the United States (other than a nonimmigrant described in subparagraph (A), (G), (N), or (S) of section 101(a)(15)) for an aggregate period of not less than 5 years; or
been granted deferred action pursuant to the Deferred Action for Childhood Arrivals policy announced by the Secretary of Homeland Security on June 15, 2012;
on the date on which an application for status under section 101(a)(15)(W) is submitted, have been physically present in the United States for an aggregate period of not less than 5 years; and
shall be employed in a public service job, or have received an offer to be so employed contingent on receiving such status.
Waiver of grounds of inadmissibility
With respect to any benefit under this subsection, 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.
Employment authorization
An alien accorded status under section 101(a)(15)(W) (and the spouse and each child of that alien) shall be authorized to be employed in the United States incident to status.
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Permanent resident status for certain individuals holding public service jobs who entered the United States as children
Requirements
Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:
Requirements
In general
Notwithstanding any other provision of law, an alien may apply for adjustment of status to that of an alien lawfully admitted for permanent residence, and such status may be adjusted, if that alien—
either—
was—
present in the United States with lawful status as a dependent child of a nonimmigrant (other than a nonimmigrant described in subparagraph (A), (G), (N), or (S) of section 101(a)(15)) admitted to the United States and authorized to be employed therein for an aggregate period of 7 years, and such presence was valid as of the date that is 6 months prior to the date of application for adjustment of status; or
granted deferred action pursuant to the Deferred Action for Childhood Arrivals policy announced by the Secretary of Homeland Security on June 15, 2012; or
has had status as a nonimmigrant described under section 101(a)(15)(W) for at least 2 years;
as of the date on which an application under this subparagraph is submitted, has been physically present in the United States for an aggregate period of not less than 7 years; and
has been employed in a public service job in the United States for at least 2 years (which need not be consecutive).
Waiver of grounds of inadmissibility
With respect to any benefit under this subparagraph, 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.
Pending applications
No alien may be detained or removed while an application is pending under this subsection.
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Petition
Section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) is amended by adding at the end the following:
Any alien entitled to classification under section 201(b)(1)(F) may file a petition with the Secretary of Homeland Security for such classification.
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Americorps eligibility for daca recipients
Section 137(a)(5) of the National and Community Service Act of 1990 (42 U.S.C. 12591(a)(3)) is amended to read as follows:
is—
a citizen or national of the United States;
a lawful permanent resident alien of the United States;
an individual granted deferred action pursuant to the Deferred Action for Childhood Arrivals policy announced by the Secretary of Homeland Security on June 15, 2012 (without regard to the limitations imposed under subtitle A of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611 et seq.)); or
an alien who was lawfully present in the United States as a dependent child of a nonimmigrant admitted to engage in employment in the United States (other than a nonimmigrant described in subparagraph (A), (G), (N), or (S) of section 101(a)(15)) for an aggregate period of not less than 5 years.
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