[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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