Sec. 266. Concern for Advanced Retired and Elderly nonimmigrant visa program for aliens who provide direct care for elderly populations
1,623 words·~7 min read·
/bill/118/hr/7571/ih/section-266A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Congress makes the following findings: In 2015, there were an estimated 47,800,000 individuals in the United States who were 65 years of age or older, and by 2030, it is expected that there will be nearly 73,000,000 individuals in the United States who are 65 years of age or older, which is approximately 1/5 of the population. In 2020— 45 percent of individuals caring for an elderly family member in the United States experienced financial hardship as a result of such caregiving, of whom 28 percent stopped saving and 22 percent exhausted their personal short-term savings; 15 percent of United States workers transitioned from full-time employment to part-time employment due to the need to provide care for an elderly family member; 6 percent of United States workers left the workforce entirely to care for an elderly loved one; and 27 percent of United States workers reported finding affordable elder care services very difficult, and 33 percent of such workers reported finding such services moderately difficult.
If working family caregivers aged 50 years and older are provided the support they need to care for their loved ones, the gross domestic product of the United States could grow by an additional $1,700,000,000,000 by 2030. In the United States, nursing assistants and home health aides— comprise the largest group of workers in the long-term care workforce; and are among the 10 occupations experiencing the highest levels of job growth. In 2014, there were approximately 1,220,000 nursing assistants and 704,500 home health aides in the United States.
The need for workers providing direct care for elderly populations is expected to grow by 34 percent by 2030, which is significantly higher than the capacity of United States workers to fill the need. It is the sense of Congress that— the increasing care needs of the elderly population of the United States is of increasing significance, both in terms of cost and time, as United States family size decreases and the overall population ages; and the establishment of a nonimmigrant visa category to increase the availability of caregivers and lower the cost of caring for the elderly will allow the family members of the elderly, particularly women and single heads of household who historically have taken a greater role in caring for elderly parents, to continuing working rather than taking on a caregiving role.
Section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ) is amended— in subparagraph (T)(ii)(III), by striking the period at the end and inserting a semicolon; 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: subject to section 214(s), an alien who seeks admission to the United States temporarily for the purpose of providing direct care, as a nursing assistant, a home health aide, a personal care aide, a psychiatric assistant or aide, a mobility assistant, or a child care provider, for 1 or more individuals who are— retired or elderly; receiving— disability insurance benefits under section 223 of the Social Security Act ( 42 U.S.C. 423 ) or monthly insurance benefits under section 202 of such Act ( 42 U.S.C. 402 ) based on such individuals’ disability; or supplemental security income benefits under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ) on the basis of blindness or disability; or too young to be eligible for a free public education (as defined in section 8101 of the No Child Left Behind Act of 2001 ( 20 U.S.C. 7801 ) in the State or territory in which such individuals are residing. .
Section 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 ) is amended by adding at the end the following: The term CARE visa means a visa issued to an alien described in section 101(a)(15)(W) in accordance with the requirements under this section. The Secretary of State, in coordination with the Attorney General, the Secretary of Homeland Security, the Secretary of Labor, and the Secretary of Health and Human Services, shall work with the Americas partner country (as defined in section 2 of the Americas Act ) to identify, vet, train, and certify applicants for CARE visas.
The Secretary of State, in coordination with the Americas partner country and private entities, shall establish a process by which an alien may apply to be considered for a CARE visa. The Secretary of State may not approve an application for a CARE visa unless the alien has first applied to the Secretary of Labor for, and obtained, a certification that— there are not sufficient workers who are able, willing, and qualified, and who will be available at the time and place needed, to perform the labor or services involved in the application; and the employment of the alien in such labor or services will not adversely affect the wages and working conditions of workers in the United States similarly employed.
The Secretary of Labor may require, by regulation, as a condition of issuing a certification under clause (i), the payment of a fee to recover the reasonable costs of processing applications for certification. With respect to each alien selected to apply for a CARE visa, the Secretary of State shall coordinate with the Secretary of Labor and the applicable Americas partner country to provide training on direct care of individuals described in section 101(a)(15)(W)— in the primary language of the Americas partner country, as applicable; with respect to the direct care of retired or elderly individuals, in accordance with the standards applicable to a nurse aide training and competency evaluation program under sections 483.152 and 483.154 of title 42, Code of Federal Regulations (or successor regulations); and for the purpose of serving temporarily as a nursing assistant, home health aide, personal care aide, psychiatric assistant, mobility assistant, or child care provider in the United States.
On completion of the training provided under subparagraph (B), an alien seeking a CARE visa for the purpose of providing direct care for an alien described in section 101(a)(15)(W)(i) shall be evaluated for competency in accordance with the standards applicable to a nurse aide training and competency evaluation program under sections 483.152 and 483.154 of title 42, Code of Federal Regulations (or successor regulations). If the Secretary of State makes a determination that an individual described in clause
(i)has attained competency in accordance with the standards referred to in such clause, the Secretary may certify such individual for a CARE visa. Not more than 50,000 CARE visas may be issued annually under this subsection. The Secretary of State may not issue a CARE visa to any individual who— has not been certified under paragraph (2)(C)(ii) (unless such individual will only be providing direct care to an individual described in clause
(ii)or
(iii)of section 101(a)(15)(W)); or has not completed security and law enforcement background checks to the satisfaction of the Secretary of Homeland Security. The issuance of a CARE visa or the admission of an alien to the United States pursuant to a CARE visa may not be conditioned on English-language competency. The period of authorized admission for a nonimmigrant described in section 101(a)(15)(W) who has been issued a CARE visa shall be not more than 7 years and may not be renewed or extended for any reason. . Section 203 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1375c ) is amended— in the section heading, by striking and inserting and G–5 ; , G–5, and CARE in subsection (a)— in the subsection heading, by striking and inserting and G–5 ; and , G–5, and CARE in paragraph (1)— in subparagraph (A)— by striking subsection (d)(2) and inserting subsection (b)(2) ; and by striking ; or and inserting a semicolon; in subparagraph (B), by striking the period at the end and inserting ; and ; and by adding at the end the following: a CARE visa unless the applicant is employed, or has signed a contract to be employed to provide direct care, as a nursing assistant, a home health aide, a personal care aide, a psychiatric assistant or aide, a mobility assistant, or a child care for individual described in section 101(a)(15)(W) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(W) ). ; in subsection (b)— in the subsection heading— by striking and inserting and G–5 ; and , G–5, and CARE by striking ; employed by diplomats and staff of international organizations in paragraph (1), in the matter preceding subparagraph (A), by striking or a G–5 visa and inserting , a G–5 visa, or a CARE visa ; and in paragraph (4)(A), by striking or a G–5 visa and inserting , a G–5 visa, or a CARE visa ; in subsection (c)(1)— in subparagraph (A), by striking or a G–5 visa and inserting , a G–5 visa, or a CARE visa ; and in subparagraph (C)— by striking or a G–5 visa and inserting , a G–5 visa, or a CARE visa ; and by striking or G–5 nonimmigrant and inserting , G–5, or CARE nonimmigrant ; in subsection (e), by striking or a G–5 visa and inserting , a G–5 visa, or a CARE visa ; and in subsection (f), by adding at the end the following: The term CARE visa means a nonimmigrant visa issued pursuant to subparagraph
(W)of section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ). . The Secretary of State may increase the number of foreign service officers stationed at United States embassies in order to ensure the efficient adjudication of visa applications associated with the Concern for Advanced Retired and Elderly nonimmigrant visa program.
Connectionstraces to 7
Traces to 7 documents
U.S. Code
Citation graph
cites case law
Sec. 266
Concern for Advanced Retired and Elderly nonimmigrant visa program for aliens who provide direct care for elderly populations
Cites 7Cited by 0 across 0 sources