II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Healthcare Workforce 

5 Resilience Act’’. 

6 SEC. 2. RECAPTURING UNUSED IMMIGRANT VISAS FOR 

7 PROFESSIONAL NURSES AND PHYSICIANS. 

8 Section 106(d) of the American Competitiveness in 

9 the Twenty-first Century Act of 2000 (title I of Public 


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1 Law 106–313; 8 U.S.C. 1153 note) is amended to read 

2 as follows: 

3 ‘‘(d) RECAPTURE OF UNUSED EMPLOYMENT-BASED

4 IMMIGRANT VISAS.— 

5 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

6 and notwithstanding any other provision of law, the 

7 number of employment-based visas made available 

8 under section 203(b) of the Immigration and Na9 tionality Act (8 U.S.C. 1153(b)) shall be increased 

10 by the number calculated in paragraph (3). 

11 ‘‘(2) LIMITATIONS.— 

12 ‘‘(A) IN GENERAL.—Visas may only be 

13 made available under this subsection for up to 

14 40,000 employment-based immigrants (and 

15 their family members accompanying or fol16 lowing to join under section 203(d) of such Act 

17 (8 U.S.C. 1153(d))) whose immigrant worker 

18 petitions are filed not later than 3 years after 

19 the date of the enactment of the Healthcare 

20 Workforce Resilience Act. 

21 ‘‘(B) RESERVATIONS.—Of the visas au22 thorized under subparagraph (A)— 

23 ‘‘(i) 25,000 shall be reserved for pro24 fessional nurses; and 


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1 ‘‘(ii) 15,000 shall be reserved for phy2 sicians. 

3 ‘‘(C) EXEMPTION FROM COUNTRY CAPS.— 

4 Visas made available under this subsection— 

5 ‘‘(i) shall not be subject to the per 

6 country numerical limitation set forth in 

7 section 202(a)(2) of the Immigration and 

8 Nationality Act (8 U.S.C. 1152(a)(2)); and 

9 ‘‘(ii) shall be issued in order of the 

10 priority date assigned at the time the visa 

11 petition was filed. 

12 ‘‘(D) ADDITIONAL LIMITATION.—Visas 

13 may only be made available under this sub14 section to a beneficiary and such beneficiary’s 

15 dependents if visas are not otherwise imme16 diately available to such individuals pursuant to 

17 the worldwide and per country allocations set 

18 forth in sections 202(a)(2) and 203(b) of the 

19 Immigration and Nationality Act (8 U.S.C. 

20 1152(a)(2) and 1153(b)). 

21 ‘‘(3) NUMBER AVAILABLE.— 

22 ‘‘(A) UNUSED VISAS.—Subject to subpara23 graph (B), the number calculated in this para24 graph is the difference between— 


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1 ‘‘(i) the total number of employment2 based visas that were made available in fis3 cal years 1992 through 2021; and 

4 ‘‘(ii) the total number of such visas 

5 that were used in such fiscal years. 

6 ‘‘(B) REDUCTION AND LIMITATION.—The 

7 number described in subparagraph (A) shall be 

8 reduced, for each fiscal year following the fiscal 

9 year during which the Healthcare Workforce 

10 Resilience Act is enacted, by the cumulative 

11 number of immigrant visas used pursuant to 

12 paragraph (1). 

13 ‘‘(C) FAMILY MEMBERS.— 

14 ‘‘(i) IN GENERAL.—Family members 

15 described in section 203(d) of the Immi16 gration and Nationality Act (8 U.S.C. 

17 1153(d)) who are accompanying or fol18 lowing to join a principal beneficiary seek19 ing admission under this subsection shall 

20 be entitled to an unreserved visa in the 

21 same status and in the same order of con22 sideration as such principal beneficiary. 

23 ‘‘(ii) EXEMPT FROM SKILL-BASED NU24 MERICAL LIMITATION.—Visas described in 

25 clause (i)— 


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1 ‘‘(I) shall be made available from 

2 the pool of recaptured unused immi3 grant visas calculated under subpara4 graph (A); and 

5 ‘‘(II) shall not be counted against 

6 the total number of immigrant visas 

7 reserved for professional nurses and 

8 physicians under paragraph (2). 

9 ‘‘(D) RULE OF CONSTRUCTION.—Nothing 

10 in this paragraph may be construed as affecting 

11 the application of section 201(c)(3)(C) of the 

12 Immigration and Nationality Act (8 U.S.C. 

13 1151(c)(3)(C)). 

14 ‘‘(4) PREMIUM PROCESSING; EXPEDITED PROC15 ESSING.— 

16 ‘‘(A) PREMIUM PROCESSING.—The Sec17 retary of Homeland Security, in conjunction 

18 with the Secretary of State, shall provide pre19 mium processing procedures, as provided for 

20 under section 286(u) of the Immigration and 

21 Nationality Act (8 U.S.C. 1356(u)), for review22 ing and acting upon petitions and applications 

23 for immigrants described in paragraph (2). 

24 Notwithstanding such section, U.S. Citizenship 


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1 and Immigration Services may not charge a 

2 premium fee for such services. 

3 ‘‘(B) SHIPPING PETITIONS.—The Director 

4 of U.S. Citizenship and Immigration Services 

5 shall expedite the shipping of each petition de6 scribed in subparagraph (A) requiring consular 

7 processing to the Department of State imme8 diately after— 

9 ‘‘(i) the completed petition has been 

10 resolved; and 

11 ‘‘(ii) the petitioner has replied to any 

12 request from U.S. Citizenship and Immi13 gration Services for additional evidence. 

14 ‘‘(C) EXPEDITED PROCESSING.—The Sec15 retary of State shall expedite the processing of 

16 applications for immigrants described in para17 graph (2) after receiving a petition on behalf of 

18 such immigrants from U.S. Citizenship and Im19 migration Services. 

20 ‘‘(5) LABOR ATTESTATION.—Before an immi21 grant visa reserved under paragraph (2)(B)(i) is 

22 issued to an alien, the petitioner shall attest, in the 

23 job offer letter presented by the alien to a consular 

24 officer during the consular interview or to the De25 partment of Homeland Security as an application 


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1 for an adjustment of status, that the hiring of the 

2 alien has not displaced and will not displace a 

3 United States worker.’’. 

Æ 


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