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S 5197

State-Sponsored Visa Pilot Program Act of 2026

119th Congress Introduced by John Curtis and 1 co-sponsor

Allows states to sponsor certain nonimmigrants to live and work in the state to bolster economic development, with state oversight and federal vetting.

Introduced in Senate
0
WeVote Research Nonpartisan
Bill Summary · S 5197

Overview

  • Bill: S. 5197, State-Sponsored Visa Pilot Program Act of 2026
  • Sponsor(s): Sen. John Curtis (primary) and Sen. Mark Kelly (co-sponsor)
  • Purpose: Amend the Immigration and Nationality Act to authorize a State-sponsored nonimmigrant pilot program, allowing states to sponsor certain nonimmigrant aliens to live and work in the sponsoring state (or compact of states) to support economic development, investment, and related activities.

Main purpose and intent

  • Create a framework for states to sponsor nonimmigrants for admission to the United States to reside in and contribute to the sponsoring state’s economy.
  • Allow spouses and minor children of sponsored nonimmigrants to accompany them.
  • Establish state-level control over employment, residence, and program rules, while imposing federal vetting and background check standards.

Key provisions and changes

  • Expansion of eligible visa category:
    • Adds new State-sponsored nonimmigrant status under 101(a)(15)(W) with a State sponsorship requirement.
    • State-sponsored nonimmigrants may perform services, provide capital investment, direct enterprise operations, or otherwise contribute to state economic development.
  • State responsibilities and program design (Section 214(s)):
    • States may apply to participate; approvals require legislative endorsement and state-determined rules for employment and residence.
    • States must implement mechanisms to monitor compliance, prevent displacement of U.S. workers, and report the location and employment of sponsored aliens.
    • States may allow sponsored nonimmigrants to seek different employment (with state oversight) and must conduct labor needs and wage data assessments.
    • Establishes bonding requirements and penalties for noncompliance; outlines bond collection and potential reimbursement if requirements are met or when participants depart.
  • Admission and status terms:
    • Federal agencies (Secretary of State and DHS) jointly approve visa issuance; DHS conducts comprehensive security/background checks (National Vetting Center).
    • Period of authorized status may not exceed 3 years, with renewal possible if the sponsoring state approves and residence requirements are met.
    • Termination provisions if the nonimmigrant resides/work outside the sponsoring state or fails to comply with terms.
  • Economic and labor protections:
    • Employers must comply with applicable labor laws and taxes; state programs may impose additional requirements.
    • Federal public benefits: State-sponsored nonimmigrants are generally ineligible for means-tested federal benefits (with certain exceptions for household members who are citizens or eligible for benefits).
    • Employers must contribute to a system of wage assessments and commuter/displacement protections; bonds can be used to fund compliance.
  • Trust and oversight mechanisms:
    • Annual reporting and a fraud-prevention program to monitor applications and prevent misuse.
    • Maximum annual visa allocation per state, with a formula based on a base 5,000 visas plus state population factors, adjusted by economic growth and compliance performance.
  • Judicial review:
    • Limited federal judicial review for eligibility determinations, confined to constitutionality of the program and its implementing regulations.
  • Additional provisions:
    • Provisions to waive inadmissibility/deportability for certain eligible state-sponsored applicants under a waiver process (with evidence requirements and penalties for fraudulent applications).

Affected parties

  • States that choose to participate (and interstate compacts between states).
  • State-sponsored nonimmigrants and their spouses/children.
  • Employers in sponsoring states (subject to state labor, licensing, and tax rules).
  • Federal agencies (DHS, DOS, and related units) for vetting, admission, and enforcement.
  • The public workforce and labor market, due to displacement protections and wage-data requirements.

Timelines and process

  • Rulemaking: Federal regulations to implement the program must be issued within 180 days of enactment.
  • Effective date: Amendments take effect on the first day of the first fiscal year after enactment.
  • Annual and periodic reporting and reviews by federal inspectors general and the Government Accountability Office (as tied to bond provisions).

Note: The bill establishes a new, state-administered visa pathway with federal oversight, designed as a pilot program subject to caps, performance reviews, and potential suspension for noncompliance.

Compiled from official sources — confirm details with the bill’s official record.

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