[Congressional Record Volume 169, Number 181 (Thursday, November 2, 2023)]
[Senate]
[Pages S5340-S5341]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By 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):
  S. 3211. A bill to enhance our Nation's nurse and physician workforce 
by recapturing unused immigrant visas; to the Committee on the 
Judiciary.
  Mr. DURBIN. Madam President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was oredered to be 
printed in the Record, as follows:

                                S. 3211

       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)--

[[Page S5341]]

       ``(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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