Senators Propose New Visa Program to Tackle Labor Shortages

A bipartisan initiative by Senators John Curtis and Mark Kelly aims to address labor shortages with the introduction of the State-Sponsored Visa Pilot Program Act of 2026. This legislation would enable states to sponsor temporary foreign workers, providing them with the flexibility to meet specific workforce needs while maintaining federal oversight of immigration enforcement and vetting.

Legislation Proposal

The proposed bill establishes a new temporary visa category for participating states to recruit workers for industries experiencing shortages. States could identify workforce demands and request visas that align with their economic requirements, while the federal government continues to oversee screening, approval, and enforcement processes. Participation in the program would be voluntary.

“I’ve heard from various business sectors in Utah about the difficulty in hiring workers,” Curtis stated. “Our legislation seeks to fill this gap by allowing states to tailor visa sponsorship according to their unique economic needs.”

Program Details

The pilot visa program would allow states to sponsor foreign workers, investors, and other migrants they deem beneficial to their economic development. States would need legislative approval before joining the program, and applicants would still have to pass federal background checks and meet admissibility standards.

The federal government would manage vetting, visa issuance, and immigration enforcement. Visa holders would generally work and reside in the sponsoring state, although interstate agreements could permit movement among participating states. Workers could change employers within the state based on rules set by the state.

“States know their own economic needs best, but federal regulations currently govern residency and employment,” Kelly said. “Our bill empowers states like Arizona to select visas needed to fill labor gaps.”

Visas would be valid for up to three years, with renewals available pending program compliance. States must routinely evaluate labor demands and wage data, investigate displacement complaints, and certify that sponsored workers do not replace U.S. workers.

Compliance and Regulations

Participants would adhere to federal, state, and local labor laws and would not qualify for federal means-tested benefits. If more than 3% of a state’s visa holders violate program terms, the state must impose a $4,000 bond on future participants and face a 50% reduction in its visa quota the following year.

Annual visa allocations for states would be determined by a formula considering population, economic growth, and program performance. States with low violation rates might receive extra visas, while higher noncompliance rates could result in reduced allocations or suspension.

The bill would also allow states to sponsor certain immigrants residing in the U.S. on December 31, 2016, after meeting eligibility requirements and passing background checks. Approved applicants would pay a $1,000 penalty and may receive waivers for certain immigration violations.

Support and Challenges

Several business and immigration advocacy groups back the legislation, including UnidosUS and the National Immigration Forum. They assert that industries like agriculture, construction, hospitality, and manufacturing face persistent worker shortages. A similar bill in 2017 failed to advance, as did a 2019 attempt by Curtis when he served in the House.

David Bier, an immigration policy expert, commented, “Had the State-Sponsored Visa Pilot Program Act been established, illegal immigration would have been minimized post-1986 reforms, providing a legal channel for foreign workers.”

The legislation faces tough odds in Congress amidst a divided stance on immigration. While some conservatives advocate for reduced immigration, others support expanding visa programs to address labor shortages. Democrats often favor pathways to citizenship and green cards. The proposal requires approval from both the House and Senate before presenting it to the President.

The Trump administration has enforced stricter access to immigration programs since its 2025 return. It has restricted asylum and redesigned the refugee program, prioritizing white South African Afrikaners.

A 2011 Utah initiative sought to grant the state more authority over labor shortages, but it lacked federal authorization. The new bill would amend federal immigration laws to create a visa category for states sponsoring temporary foreign workers.

Utah still faces a labor deficit, with the U.S. Chamber of Commerce reporting only 96 available workers for every 100 job openings as of December.