[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6123 Introduced in House (IH)]

<DOC>






115th CONGRESS
  2d Session
                                H. R. 6123

 To amend the Immigration and Nationality Act to provide that an alien 
physician who is coming to the United States to practice medicine in an 
area designated by the Secretary of Health and Human Services as having 
  a shortage of health care professionals is not required to pass the 
    National Board of Medical Examiners Examination, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 15, 2018

    Mr. Sensenbrenner (for himself and Mr. Grothman) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Immigration and Nationality Act to provide that an alien 
physician who is coming to the United States to practice medicine in an 
area designated by the Secretary of Health and Human Services as having 
  a shortage of health care professionals is not required to pass the 
    National Board of Medical Examiners Examination, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Physician Visa Reform Act of 2018''.

SEC. 2. ALIEN PHYSICIANS SERVING IN AREAS THAT HAVE A SHORTAGE OF 
              HEALTH CARE PROFESSIONALS.

    (a) Waiver of Requirement That Alien Physicians Pass Board 
Examination.--Section 212(a)(5)(B) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)(5)(B)) is amended by inserting after ``has passed 
parts I and II of the National Board of Medical Examiners Examination 
(or an equivalent examination as determined by the Secretary of Health 
and Human Services)'' the following: ``or has been approved by a State 
physician licensing authority to practice medicine in an area 
designated by the Secretary of Health and Human Services as having a 
shortage of health care professionals''.
    (b) Adjustment of Status.--The Immigration and Nationality Act (8 
U.S.C. 1101 et seq.) is amended by inserting after section 216A the 
following:

``SEC. 216B. CONDITIONAL PERMANENT RESIDENT STATUS FOR ALIEN PHYSICIANS 
              SERVING IN AREAS THAT HAVE A SHORTAGE OF HEALTH CARE 
              PROFESSIONALS.

    ``(a) In General.--
            ``(1) Conditional basis for status.--Notwithstanding any 
        other provision of this Act, a covered alien physician, an 
        alien spouse, and alien child, shall be considered, at the time 
        of obtaining the status of an alien lawfully admitted for 
        permanent residence, to have obtained such status on a 
        conditional basis subject to the provisions of this section.
            ``(2) Notice of requirements.--
                    ``(A) At time of obtaining permanent residence.--At 
                the time an alien described in paragraph (1) obtains 
                permanent resident status on a conditional basis under 
                paragraph (1), the Secretary of Homeland Security shall 
                provide for notice to such alien respecting the 
                provisions of this section and the requirements of 
                subsection (c)(1) to have the conditional basis of such 
                status removed.
                    ``(B) At time of required petition.--In addition, 
                the Secretary of Homeland Security shall attempt to 
                provide notice to such an alien at or about the 
                beginning of the 90-day period described in subsection 
                (d)(2)(A), of the requirements of subsection (c)(1).
                    ``(C) Effect of failure to provide notice.--The 
                failure of the Secretary of Homeland Security to 
                provide a notice under this paragraph shall not affect 
                the enforcement of the provisions of this section with 
                respect to such an alien.
    ``(b) Termination of Status.--
            ``(1) In general.--In the case of a covered alien physician 
        with permanent resident status on a conditional basis under 
        subsection (a), if the Secretary of Homeland Security 
        determines, before the second anniversary of the alien's 
        obtaining the status of lawful admission for permanent 
        residence, that the alien was not practicing medicine in an 
        area described in subsection (a)(1), then the Secretary of 
        Homeland Security shall so notify the alien involved and, 
        subject to paragraph (2), shall terminate the permanent 
        resident status of the alien (and the alien spouse and alien 
        child) involved as of the date of the determination.
            ``(2) Hearing in removal proceeding.--Any alien whose 
        permanent resident status is terminated under paragraph (1) may 
        request a review of such determination in a proceeding to 
        remove the alien. In such proceeding, the burden of proof shall 
        be on the Secretary of Homeland Security to establish, by a 
        preponderance of the evidence, that a condition described in 
        paragraph (1) is met.
    ``(c) Requirements of Timely Petition and Interview for Removal of 
Condition.--
            ``(1) In general.--In order for the conditional basis 
        established under subsection (a) for an alien described in 
        paragraph (1) of that subsection to be removed--
                    ``(A) the alien must submit to the Secretary of 
                Homeland Security, during the period described in 
                subsection (d)(2), a petition which requests the 
                removal of such conditional basis and which states, 
                under penalty of perjury, the facts and information 
                described in subsection (d)(1); and
                    ``(B) in accordance with subsection (d)(3), the 
                alien must appear for a personal interview before an 
                officer or employee of the Department of Homeland 
                Security respecting the facts and information described 
                in subsection (d)(1).
            ``(2) Termination of permanent resident status for failure 
        to file petition or have personal interview.--
                    ``(A) In general.--In the case of an alien with 
                permanent resident status on a conditional basis under 
                subsection (a), if--
                            ``(i) no petition is filed with respect to 
                        the alien in accordance with the provisions of 
                        paragraph (1)(A); or
                            ``(ii) unless there is good cause shown, 
                        the alien fails to appear at the interview 
                        described in paragraph (1)(B) (if required 
                        under subsection (d)(3)),
                the Secretary of Homeland Security shall terminate the 
                permanent resident status of the alien (and the alien's 
                spouse and children if it was obtained on a conditional 
                basis under this section or section 216) as of the 
                second anniversary of the alien's lawful admission for 
                permanent residence.
                    ``(B) Hearing in removal proceeding.--In any 
                removal proceeding with respect to an alien whose 
                permanent resident status is terminated under 
                subparagraph (A), the burden of proof shall be on the 
                alien to establish compliance with the conditions of 
                paragraphs (1)(A) and (1)(B).
            ``(3) Determination after petition and interview.--
                    ``(A) In general.--If--
                            ``(i) a petition is filed in accordance 
                        with the provisions of paragraph (1)(A); and
                            ``(ii) the alien appears at any interview 
                        described in paragraph (1)(B), the Secretary of 
                        Homeland Security shall make a determination, 
                        within 90 days of the date of such filing or 
                        interview (whichever is later), as to whether 
                        the facts and information described in 
                        subsection (d)(1) and alleged in the petition 
                        are true.
                    ``(B) Removal of conditional basis if favorable 
                determination.--If the Secretary of Homeland Security 
                determines that such facts and information are true, 
                the Secretary of Homeland Security shall so notify the 
                alien involved and shall remove the conditional basis 
                of the alien's status effective as of the second 
                anniversary of the alien's lawful admission for 
                permanent residence.
                    ``(C) Termination if adverse determination.--If the 
                Secretary of Homeland Security determines that such 
                facts and information are not true, the Secretary of 
                Homeland Security shall so notify the alien involved 
                and, subject to subparagraph (D), shall terminate the 
                permanent resident status of the covered alien 
                physician, alien spouse, or alien child as of the date 
                of the determination.
                    ``(D) Hearing in removal proceeding.--Any alien 
                whose permanent resident status is terminated under 
                subparagraph (C) may request a review of such 
                determination in a proceeding to remove the alien. In 
                such proceeding, the burden of proof shall be on the 
                Secretary of Homeland Security to establish, by a 
                preponderance of the evidence, that the facts and 
                information described in subsection (d)(1) and alleged 
                in the petition are not true.
    ``(d) Details of Petition and Interview.--
            ``(1) Contents of petition.--Each petition under subsection 
        (c)(1)(A) shall contain facts and information demonstrating 
        that the alien--
                    ``(A) is practicing medicine in an area designated 
                by the Secretary of Health and Human Services as having 
                a shortage of health care professionals; and
                    ``(B) has passed parts I and II of the National 
                Board of Medical Examiners Examination (or an 
                equivalent examination as determined by the Secretary 
                of Health and Human Services).
            ``(2) Period for filing petition.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the petition under subsection 
                (c)(1)(A) may be filed--
                            ``(i) during the 90-day period before the 
                        second anniversary of the alien's lawful 
                        admission for permanent residence; or
                            ``(ii) if earlier than the beginning of the 
                        time period described in clause (i), after the 
                        date on which the alien passes parts I and II 
                        of the National Board of Medical Examination 
                        (or an equivalent examination as determined by 
                        the Secretary of Health and Human Services).
                    ``(B) Date petitions for good cause.--Such a 
                petition may be considered if filed after such date, 
                but only if the alien establishes to the satisfaction 
                of the Secretary of Homeland Security good cause and 
                extenuating circumstances for failure to file the 
                petition during the period described in subparagraph 
                (A).
                    ``(C) Filing of petitions during removal.--In the 
                case of an alien who is the subject of removal hearings 
                as a result of failure to file a petition on a timely 
                basis in accordance with subparagraph (A), the 
                Secretary of Homeland Security may stay such removal 
                proceedings against an alien pending the filing of the 
                petition under subparagraph (B).
            ``(3) Personal interview.--The interview under subsection 
        (c)(1)(B) shall be conducted within 90 days after the date of 
        submitting a petition under subsection (c)(1)(A) and at a local 
        office of the Department of Homeland Security, designated by 
        the Secretary, which is convenient to the parties involved. The 
        Secretary, in the Secretary's discretion, may waive the 
        deadline for such an interview or the requirement for such an 
        interview in such cases as may be appropriate.
    ``(e) Treatment of Period for Purposes of Naturalization..--For 
purposes of title III, in the case of an alien who is in the United 
States as a lawful permanent resident on a conditional basis under this 
section, the alien shall be considered to have been admitted as an 
alien lawfully admitted for permanent residence and to be in the United 
States as an alien lawfully admitted to the United States for permanent 
residence.
    ``(f) Removal of Requirement To Practice Medicine in an Area That 
Has a Shortage of Health Care Professionals.--The requirement to 
practice medicine in an area designated by the Secretary of Health and 
Human Services as having a shortage of health care professionals shall 
not apply to an alien after the date on which the conditional basis for 
permanent resident status is removed pursuant to subsection (c)(1).
    ``(g) Definitions.--In this section:
            ``(1) The term `covered alien physician' means an alien 
        admitted to the United States under section 203(b)(2) during 
        the 10-year period beginning on the date of the enactment of 
        this section to practice medicine who has not passed parts I 
        and II of the National Board of Medical Examiners Examination 
        (or an equivalent examination as determined by the Secretary of 
        Health and Human Services) by reason of having been approved by 
        a State physician licencing authority to practice medicine in 
        an area designated by the Secretary of Health and Human 
        Services as having a shortage of health care professionals.
            ``(2) The term `alien spouse' and the term `alien child' 
        mean an alien who obtains the status of an alien lawfully 
        admitted for permanent residence (whether on a conditional 
        basis or otherwise) by virtue of being the spouse or child, 
        respectively, of a covered alien physician.''.
    (c) Conforming Amendments.--The Immigration and Nationality Act (8 
U.S.C. 1101 et seq.) is amended--
            (1) in section 203(b)(2)(B)(ii) (8 U.S.C. 
        1153(b)(2)(B)(ii)), by striking subclauses (II), (III), and 
        (IV); and
            (2) in section 212(e) (8 U.S.C. 1182(e)), by inserting 
        ``perform services as a member of the medical profession or 
        to'' before ``receive graduate medical education or training''.
                                 <all>