I 

118TH CONGRESS 

1ST SESSION H. R. 6205 

To enhance our Nation’s nurse and physician workforce by recapturing unused 

immigrant visas. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 2, 2023 

Mr. SCHNEIDER (for himself, Ms. CARAVEO, Mr. BACON, Mr. COLE, Ms. 

SALAZAR, Ms. WILD, Mr. VARGAS, Mr. FOSTER, Ms. PINGREE, Mr. 

CLEAVER, Mr. QUIGLEY, Mr. TRONE, Mr. PANETTA, Ms. GARCIA of 

Texas, Ms. CASTOR of Florida, Mr. KILDEE, Mr. PETERS, Mr. RUPPERSBERGER, Mr. EVANS, Mr. GOLDMAN of New York, Ms. SPANBERGER, Ms. 

BROWNLEY, Mr. CASTEN, Mr. COHEN, Mr. SOTO, Ms. WILLIAMS of 

Georgia, Ms. BLUNT ROCHESTER, and Ms. ROSS) introduced the following bill; which was 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’’. 


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1 SEC. 2. RECAPTURING UNUSED IMMIGRANT VISAS FOR 

2 PROFESSIONAL NURSES AND PHYSICIANS. 

3 Section 106(d) of the American Competitiveness in 

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

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

6 as follows: 

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

8 IMMIGRANT VISAS.— 

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

10 and notwithstanding any other provision of law, the 

11 number of employment-based visas made available 

12 under section 203(b) of the Immigration and Na13 tionality Act (8 U.S.C. 1153(b)) shall be increased 

14 by the number calculated in paragraph (3). 

15 ‘‘(2) LIMITATIONS.— 

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

17 made available under this subsection for up to 

18 40,000 employment-based immigrants (and 

19 their family members accompanying or fol20 lowing to join under section 203(d) of such Act 

21 (8 U.S.C. 1153(d))) whose immigrant worker 

22 petitions were filed no later than three years 

23 following the date of enactment of the 

24 Healthcare Workforce Resilience Act. 

25 ‘‘(B) RESERVATIONS.—Of the visas au26 thorized under subparagraph (A)— 


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1 ‘‘(i) 25,000 shall be reserved for pro2 fessional nurses; and 

3 ‘‘(ii) 15,000 shall be reserved for phy4 sicians. 

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

6 Visas made available under this subsection— 

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

8 country numerical limitation set forth in 

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

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

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

12 priority date assigned at the time the visa 

13 petition was filed. 

14 ‘‘(D) ADDITIONAL LIMITATION.—Visas 

15 may only be made available under this sub16 section to a beneficiary and such beneficiary’s 

17 dependents if visas are not otherwise imme18 diately available to such individuals pursuant to 

19 the worldwide and per country allocations set 

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

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

22 1152(a)(2) and 1153(b)). 

23 ‘‘(3) NUMBER AVAILABLE.— 


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1 ‘‘(A) UNUSED VISAS.—Subject to subpara2 graph (B), the number calculated in this para3 graph is the difference between— 

4 ‘‘(i) the total number of employment5 based visas that were made available in fis6 cal years 1992 through 2021; and 

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

8 that were used in such fiscal years. 

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

10 number described in subparagraph (A) shall be 

11 reduced, for each fiscal year following the fiscal 

12 year during which the Healthcare Workforce 

13 Resilience Act is enacted, by the cumulative 

14 number of immigrant visas used pursuant to 

15 paragraph (1). 

16 ‘‘(C) FAMILY MEMBERS.— 

17 ‘‘(i) IN GENERAL.—Family members 

18 described in section 203(d) of the Immi19 gration and Nationality Act (8 U.S.C. 

20 1153(d)) who are accompanying or fol21 lowing to join a principal beneficiary seek22 ing admission under this subsection shall 

23 be entitled to an unreserved visa in the 

24 same status and in the same order of con25 sideration as such principal beneficiary. 


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1 ‘‘(ii) EXEMPT FROM SKILL-BASED NU2 MERICAL LIMITATION.—Visas described in 

3 clause (i)— 

4 ‘‘(I) shall be made available from 

5 the pool of recaptured unused immi6 grant visas calculated under subpara7 graph (A); and 

8 ‘‘(II) shall not be counted against 

9 the total number of immigrant visas 

10 reserved for professional nurses and 

11 physicians under paragraph (2). 

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

13 in this paragraph may be construed as affecting 

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

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

16 1151(c)(3)(C)). 

17 ‘‘(4) PREMIUM PROCESSING; EXPEDITED PROC18 ESSING.— 

19 ‘‘(A) PREMIUM PROCESSING.—The Sec20 retary of Homeland Security, in conjunction 

21 with the Secretary of State, shall provide pre22 mium processing procedures, as provided for 

23 under section 286(u) of the Immigration and 

24 Nationality Act (8 U.S.C. 1356(u)), for review25 ing and acting upon petitions and applications 


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1 for immigrants described in paragraph (2). 

2 Notwithstanding such section, U.S. Citizenship 

3 and Immigration Services may not charge a 

4 premium fee for such services. 

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

6 of U.S. Citizenship and Immigration Services 

7 shall expedite the shipping of each petition de8 scribed in subparagraph (A) requiring consular 

9 processing to the Department of State imme10 diately after— 

11 ‘‘(i) the completed petition has been 

12 resolved; and 

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

14 request from U.S. Citizenship and Immi15 gration Services for additional evidence. 

16 ‘‘(C) EXPEDITED PROCESSING.—The Sec17 retary of State shall expedite the processing of 

18 applications for immigrants described in para19 graph (2) after receiving a petition on behalf of 

20 such immigrants from U.S. Citizenship and Im21 migration Services. 

22 ‘‘(5) LABOR ATTESTATION.—Before an immi23 grant visa reserved under paragraph (2)(B)(i) is 

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

25 job offer letter presented by the alien to a consular 


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1 officer during the consular interview or to the De2 partment of Homeland Security as an application 

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

4 alien has not displaced and will not displace a 

5 United States worker.’’. 

Æ 


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