[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3211 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 3211

 To enhance our Nation's nurse and physician workforce by recapturing 
                        unused immigrant visas.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 2, 2023

   Mr. Durbin (for himself, Mr. Cramer, Mr. Booker, Ms. Collins, Mr. 
Carper, Ms. Ernst, Mr. Coons, Mr. Rounds, Ms. Duckworth, Mr. Thune, Mr. 
Padilla, Mr. Tillis, Ms. Sinema, Mr. Wicker, Mr. Wyden, and Mr. Young) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To enhance our Nation's nurse and physician workforce by recapturing 
                        unused immigrant visas.

    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 ``Healthcare Workforce Resilience 
Act''.

SEC. 2. RECAPTURING UNUSED IMMIGRANT VISAS FOR PROFESSIONAL NURSES AND 
              PHYSICIANS.

    Section 106(d) of the American Competitiveness in the Twenty-first 
Century Act of 2000 (title I of Public Law 106-313; 8 U.S.C. 1153 note) 
is amended to read as follows:
    ``(d) Recapture of Unused Employment-Based Immigrant Visas.--
            ``(1) In general.--Subject to paragraph (2), and 
        notwithstanding any other provision of law, the number of 
        employment-based visas made available under section 203(b) of 
        the Immigration and Nationality Act (8 U.S.C. 1153(b)) shall be 
        increased by the number calculated in paragraph (3).
            ``(2) Limitations.--
                    ``(A) In general.--Visas may only be made available 
                under this subsection for up to 40,000 employment-based 
                immigrants (and their family members accompanying or 
                following to join under section 203(d) of such Act (8 
                U.S.C. 1153(d))) whose immigrant worker petitions are 
                filed not later than 3 years after the date of the 
                enactment of the Healthcare Workforce Resilience Act.
                    ``(B) Reservations.--Of the visas authorized under 
                subparagraph (A)--
                            ``(i) 25,000 shall be reserved for 
                        professional nurses; and
                            ``(ii) 15,000 shall be reserved for 
                        physicians.
                    ``(C) Exemption from country caps.--Visas made 
                available under this subsection--
                            ``(i) shall not be subject to the per 
                        country numerical limitation set forth in 
                        section 202(a)(2) of the Immigration and 
                        Nationality Act (8 U.S.C. 1152(a)(2)); and
                            ``(ii) shall be issued in order of the 
                        priority date assigned at the time the visa 
                        petition was filed.
                    ``(D) Additional limitation.--Visas may only be 
                made available under this subsection to a beneficiary 
                and such beneficiary's dependents if visas are not 
                otherwise immediately available to such individuals 
                pursuant to the worldwide and per country allocations 
                set forth in sections 202(a)(2) and 203(b) of the 
                Immigration and Nationality Act (8 U.S.C. 1152(a)(2) 
                and 1153(b)).
            ``(3) Number available.--
                    ``(A) Unused visas.--Subject to subparagraph (B), 
                the number calculated in this paragraph is the 
                difference between--
                            ``(i) the total number of employment-based 
                        visas that were made available in fiscal years 
                        1992 through 2021; and
                            ``(ii) the total number of such visas that 
                        were used in such fiscal years.
                    ``(B) Reduction and limitation.--The number 
                described in subparagraph (A) shall be reduced, for 
                each fiscal year following the fiscal year during which 
                the Healthcare Workforce Resilience Act is enacted, by 
                the cumulative number of immigrant visas used pursuant 
                to paragraph (1).
                    ``(C) Family members.--
                            ``(i) In general.--Family members described 
                        in section 203(d) of the Immigration and 
                        Nationality Act (8 U.S.C. 1153(d)) who are 
                        accompanying or following to join a principal 
                        beneficiary seeking admission under this 
                        subsection shall be entitled to an unreserved 
                        visa in the same status and in the same order 
                        of consideration as such principal beneficiary.
                            ``(ii) Exempt from skill-based numerical 
                        limitation.--Visas described in clause (i)--
                                    ``(I) shall be made available from 
                                the pool of recaptured unused immigrant 
                                visas calculated under subparagraph 
                                (A); and
                                    ``(II) shall not be counted against 
                                the total number of immigrant visas 
                                reserved for professional nurses and 
                                physicians under paragraph (2).
                    ``(D) Rule of construction.--Nothing in this 
                paragraph may be construed as affecting the application 
                of section 201(c)(3)(C) of the Immigration and 
                Nationality Act (8 U.S.C. 1151(c)(3)(C)).
            ``(4) Premium processing; expedited processing.--
                    ``(A) Premium processing.--The Secretary of 
                Homeland Security, in conjunction with the Secretary of 
                State, shall provide premium processing procedures, as 
                provided for under section 286(u) of the Immigration 
                and Nationality Act (8 U.S.C. 1356(u)), for reviewing 
                and acting upon petitions and applications for 
                immigrants described in paragraph (2). Notwithstanding 
                such section, U.S. Citizenship and Immigration Services 
                may not charge a premium fee for such services.
                    ``(B) Shipping petitions.--The Director of U.S. 
                Citizenship and Immigration Services shall expedite the 
                shipping of each petition described in subparagraph (A) 
                requiring consular processing to the Department of 
                State immediately after--
                            ``(i) the completed petition has been 
                        resolved; and
                            ``(ii) the petitioner has replied to any 
                        request from U.S. Citizenship and Immigration 
                        Services for additional evidence.
                    ``(C) Expedited processing.--The Secretary of State 
                shall expedite the processing of applications for 
                immigrants described in paragraph (2) after receiving a 
                petition on behalf of such immigrants from U.S. 
                Citizenship and Immigration Services.
            ``(5) Labor attestation.--Before an immigrant visa reserved 
        under paragraph (2)(B)(i) is issued to an alien, the petitioner 
        shall attest, in the job offer letter presented by the alien to 
        a consular officer during the consular interview or to the 
        Department of Homeland Security as an application for an 
        adjustment of status, that the hiring of the alien has not 
        displaced and will not displace a United States worker.''.
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