Healthcare Workforce Resilience Act
Bill: S.1024 | Sponsor: Sen. Durbin, Richard J. (D-IL)
Policy area: Immigration

Summary:
Healthcare Workforce Resilience Act
This bill makes previously unused immigrant visas available to nurses and physicians who petition for such a visa before the date that is 90 days after the end of the declared national emergency relating to the COVID-19 (i.e., coronavirus disease 2019) outbreak.
The number of visas available shall be the total number of unused employment-based immigrant visas from FY1992-FY2020, up to 40,000. Of such visas, 25,000 shall be reserved for nurses and 15,000 for physicians. Certain family members may accompany the principal beneficiary of a visa provided under this bill, and visas for such family members shall (1) be made available from the unused visas from FY1992-FY2020, and (2) not be counted against the 40,000 cap.
Visas provided under this bill shall be exempt from per-country limitations.

To enhance our Nation's nurse and physician workforce during the COVID-
            19 crisis 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 (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 were 
                filed before the date that is 90 days after the 
                termination of the President's declaration of a 
                national emergency under sections 201 and 301 of the 
                National Emergencies Act (50 U.S.C. 1601 et seq.) 
                pertaining to the COVID-19 outbreak in the United 
                States (referred to in this subsection as the `COVID-19 
                emergency declaration').
                    ``(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.
            ``(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 2020; 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 first fiscal year in 
                which the COVID-19 emergency declaration is in effect, 
                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, that the 
        hiring of the alien has not displaced and will not displace a 
        United States worker.''.
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