H.R. 10248 — SERVICE for America Act

This section establishes a new W nonimmigrant visa category for aliens who have been lawfully present in the United States as a dependent child for an aggregate of at least 5 years (or granted DACA status) and physically present for at least 5 years, and who are employed or offered employment in a public service job. Status is valid for 3 years and may be extended once for an additional 3 years while the alien remains employed in such a job. The section defines public service jobs to include full-time positions in emergency management, government (excluding members of Congress), military service, public safety, law enforcement, public health, public education, social work, public interest law, early childhood education, services for the disabled or elderly, library sciences, and 501(c)(3) organizations, as well as specified faculty teaching roles. It authorizes employment for the visa holder, spouse, and children, and permits waivers of specified grounds of inadmissibility.

This section exempts from worldwide numerical limitations certain aliens who entered the United States as children, allowing them to adjust to permanent resident status if they have been physically present for at least 7 years and employed in a public service job for at least 2 years. Eligible aliens include those present as a dependent child of a qualifying nonimmigrant for an aggregate 7 years, recipients of deferred action under the June 15, 2012 DACA policy, or holders of section 101(a)(15)(W) nonimmigrant status for at least 2 years; the Secretary may waive specified grounds of inadmissibility, and applicants may not be detained or removed while a petition or application is pending.

This section expands eligibility for participation in national service programs to include individuals granted deferred action under the Deferred Action for Childhood Arrivals policy announced on June 15, 2012, and aliens lawfully present in the United States as dependent children of nonimmigrant workers for an aggregate period of at least five years.