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.
Congressional Research Service
Official summary
No official summary is available in the imported record yet.
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.
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.
Introduced in House
Introduced in House
Primary sources
Bill text & related measures
Text links open the official source. We also preserved the text version used in the PlainBill explanation below.
No related bills are listed in this snapshot. This does not establish whether the proposal has appeared in earlier Congresses.
Source last updated: Sep 15, 2026. Consult Congress.gov for the current record.
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Objective
Analyze H.R.10248 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.
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Fairness and public impact
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Institutions and government scope
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Individual rights and government power
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PlainBill explanation
Read the proposal in plain language
AI-generated · Source-checked by AI · Oct 23, 2026
Based on the full Introduced in House · 2026-09-03 text. This explanation has not received human editorial review. This overview describes the proposal’s major provisions; it does not establish what its real-world effects would be.
What it would do
The proposal would create W temporary immigration status for qualifying recipients of Deferred Action for Childhood Arrivals (DACA) and certain people lawfully present as dependent children of temporary workers, subject to physical-presence and public-service employment requirements. It would also offer qualifying applicants a route to permanent residence. Spouses and minor children could receive W status, with permission to work. The bill would rewrite an AmeriCorps eligibility criterion to expressly include DACA recipients and qualifying people formerly present as dependent children of temporary workers. These are proposed changes; the supplied record does not establish enactment.
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(W) An alien described in section 214(s)(3), and the alien spouse and minor children of such alien.
(A) have— (i) 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 (ii) been granted deferred action pursuant to the Deferred Action for Childhood Arrivals policy announced by the Secretary of Homeland Security on June 15, 2012; (B) 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 (C) shall be employed in a public service job, or have received an offer to be so employed contingent on receiving such status.
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.
(C) 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 (D) 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.
Source snapshot updated 2026-09-15T13:34:03Z.
2026-09-03: 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.
For the proposed W temporary immigration status, applicants would need either at least five total years of lawful presence as a dependent child of a nonimmigrant admitted to work, or a grant of DACA. The dependent-child route would exclude the existing immigration categories identified as (A), (G), (N), and (S).
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(A) have— (i) 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 (ii) been granted deferred action pursuant to the Deferred Action for Childhood Arrivals policy announced by the Secretary of Homeland Security on June 15, 2012;
All principal W applicants would also need at least five total years of physical presence in the United States when applying. They would need a public service job or a job offer contingent on receiving W status.
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(B) 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 (C) shall be employed in a public service job, or have received an offer to be so employed contingent on receiving such status.
W status would last three years. It could be extended once for another three years while the person remained employed in a public service job; an extension would not be automatic.
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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.
The W category would include the qualifying person's spouse and minor children. W status would itself authorize employment for the principal holder, spouse, and children.
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(W) An alien described in section 214(s)(3), and the alien spouse and minor children of such alien.
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.
Qualifying public service jobs would include full-time work in emergency management, government, military service, public safety, law enforcement, public health, public education, public child or family agency social work, and public interest legal services. Service as a member of Congress would be excluded. Public health would expressly include specified nursing, health care practitioner, technical, and support occupations.
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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)
The full-time job definition would also cover early childhood education, services for people with disabilities or older people, public and school library work, other school services, and work at qualifying tax-exempt nonprofit organizations.
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
A separate teaching category would cover full-time faculty at Tribal Colleges or Universities and other faculty teaching in high-need subjects or shortage areas, as determined by the Secretary. Its examples include nursing faculty, foreign-language faculty, and part-time community college faculty.
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(B) 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.
One route to permanent residence would require seven total years of lawful status as a dependent child of a nonimmigrant admitted and authorized to work, excluding categories (A), (G), (N), and (S). That dependent-child presence would also need to have been valid on the date six months before the application. The separate physical-presence and work requirements would still apply.
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(AA) 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
(II) 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 (III) has been employed in a public service job in the United States for at least 2 years (which need not be consecutive).
Alternatively, a grant of DACA or at least two years of W status could satisfy the immigration-status part of the permanent residence requirements. All applicants would still need at least seven total years of physical presence when applying and at least two years of public service employment in the United States. Those work years would not have to be consecutive.
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(BB) granted deferred action pursuant to the Deferred Action for Childhood Arrivals policy announced by the Secretary of Homeland Security on June 15, 2012; or (bb) has had status as a nonimmigrant described under section 101(a)(15)(W) for at least 2 years;
(II) 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 (III) has been employed in a public service job in the United States for at least 2 years (which need not be consecutive).
Qualifying applicants could seek permanent residence, but the bill would not make approval automatic. People entitled to the proposed classification could file their own petition with the Secretary of Homeland Security.
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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
For both the W program and the proposed permanent residence route, the Secretary could waive specified grounds of inadmissibility—legal grounds that can prevent someone from receiving an immigration benefit. Waivers would be discretionary and would require humanitarian purposes, family unity, or another public-interest reason. The bill identifies the affected statutory provisions but does not reproduce them.
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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.
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.
Section 3 would prohibit detention or removal while an application covered by its pending-application provision remained pending. The stated protection is tied to the application being pending. Its reference to applications “under this subsection” cannot be fully resolved without the surrounding existing subsection.
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(iii) Pending applications No alien may be detained or removed while an application is pending under this subsection.
Section 4 would rewrite an AmeriCorps eligibility criterion to include citizens, U.S. nationals, lawful permanent residents, and DACA recipients. For DACA recipients, it would expressly set aside the limitations in a specified portion of the 1996 welfare law. The source does not reproduce those limitations, the current criterion, or other AmeriCorps eligibility requirements, so the precise change from existing eligibility cannot be established.
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4. 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:
(5) is— (A) a citizen or national of the United States; (B) a lawful permanent resident alien of the United States; (C) 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.))
The AmeriCorps criterion would also include people with at least five total years of lawful presence as dependent children of nonimmigrants admitted to work, excluding categories (A), (G), (N), and (S). This clause would not require them to hold W status.
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(D) 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.
The supplied actions snapshot, updated September 15, 2026, records introduction in the House on September 3, 2026, and referral that day to the Judiciary Committee and the Education and Workforce Committee for provisions within their respective jurisdictions. It does not establish subsequent legislative action.
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Source snapshot updated 2026-09-15T13:34:03Z.
2026-09-03: 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.
Reviewed version: Introduced in House · 2026-09-03. These findings describe provisions and who may benefit; they are not judgments of waste, corruption, or motive.
This review covers the supplied bill text. “None identified” does not rule out provisions in later versions or accompanying reports and disclosures.
Provisions outside the bill’s main subject, or policy changes attached to appropriations.
None identified in the reviewed text
No unrelated provision or policy change attached to appropriations was identified after reviewing the complete supplied introduced version. This conclusion is limited to that text and does not establish the absence of riders in other versions or accompanying materials.
Spending directed to particular recipients or places outside ordinary competitive or formula-based allocation.
None identified in the reviewed text
No congressionally directed spending for particular recipients or places was identified after reviewing the complete supplied introduced version. This conclusion is limited to that text; formal earmark status cannot be established for other versions or accompanying materials.
Other targeted benefits
Narrow exceptions, exemptions, or preferential treatment that warrant a closer look.
Findings to examine
The findings identify special legal exceptions and protections directly related to the bill's main policy. Classification is not a judgment about their justification.
Applicants for benefits under the proposed W-status and permanent residence provisions could receive waivers of four specified inadmissibility provisions. This is a targeted exception to the referenced immigration barriers, available for humanitarian purposes, family unity, or another public-interest reason. It would not be an automatic waiver, and the source does not reproduce the barriers being waived.
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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.
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.
Section 3 would give people with an application pending under the referenced subsection a specific protection against detention or removal while the application remains pending. This protection is attached to the bill's permanent residence provisions and warrants scrutiny as a targeted legal protection. The surrounding existing subsection is not supplied, so the full scope of the protected applicant group cannot be established.
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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:
The bundle contains the complete supplied introduced version dated September 3, 2026, and an actions snapshot updated September 15, 2026. It does not establish later amendments, passage, or enactment; missing later history does not prove that none occurred.
The existing statutes are not reproduced. The precise meaning of the excluded immigration categories, waivable inadmissibility grounds, existing numerical limits, and welfare-law restrictions cannot be established from this bundle alone. The current AmeriCorps eligibility criterion is also absent, preventing a definitive comparison with existing eligibility.
The supplied text states W-status periods but gives no separate implementation date, application-processing deadline, program sunset, or detailed rules for job loss. It does not fully explain the interaction with existing immigration procedures.
The detention and removal protection refers to applications pending 'under this subsection.' The surrounding existing subsection is not supplied, limiting conclusions about the full scope of that reference.
Section 4 identifies section 137(a)(5) but supplies a United States Code citation ending in 12591(a)(3). Without the existing statute, that mismatch cannot be resolved.
No earmark disclosures, member requests, committee reports, conference materials, or amendment attachment history are supplied. Findings are limited to the introduced text.
Full text preserved for this analysis. Legislative record snapshot: Sep 15, 2026. How PlainBill uses AI