Title: Emergency Nursing Supply Relief Act of 2017
Policy area: Immigration

Summary:
Emergency Nursing Supply Relief Act of 2017
This bill amends the Immigration and Nationality Act to provide for up to 8,000 employment-based immigrant visas per fiscal year for qualifying nurses, physical therapists, and other health care workers (excluding physicians) and their accompanying family members. Such aliens are exempted from worldwide and foreign state numerical limits.
A petition filed on behalf of such an immigrant must be accompanied by evidence that the prospective U.S. employer has the ability to pay the proffered wage.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3351 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 3351

    To amend the Immigration and Nationality Act to provide for the 
 admission of certain health care workers as immigrants, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 20, 2017

 Mr. Sensenbrenner (for himself and Mr. Carter of Georgia) introduced 
    the following bill; which was referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
    To amend the Immigration and Nationality Act to provide for the 
 admission of certain health care workers as immigrants, and for other 
                               purposes.

    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 ``Emergency Nursing Supply Relief Act 
of 2017''.

SEC. 2. HEALTH CARE WORKER SHORTAGE RELIEF.

    Section 203(b) of the Immigration and Nationality Act (8 U.S.C. 
1153(b)) is amended by adding at the end the following:
            ``(7) Healthcare workers.--
                    ``(A) In general.--Subject to paragraph (B), the 
                numerical limitations set forth in sections 201(d) and 
                202(a) shall not apply to employment-based immigrants 
                (and their family members accompanying or following to 
                join under subsection (d)) who are--
                            ``(i) members of the occupations listed on 
                        Schedule A, Group I as defined in section 656.5 
                        of title 20, Code of Federal Regulations (or 
                        any successor regulation thereto);
                            ``(ii) members of the occupations who are 
                        required to submit health care worker 
                        certificates pursuant to section 212(a)(5)(C); 
                        or
                            ``(iii) members of the occupations who 
                        provide certified statements pursuant to 
                        section 212(r).
                    ``(B) Limitation on number of visas.--The Secretary 
                of State may not issue more than 8,000 immigrant visa 
                numbers in any one fiscal year (plus any available visa 
                numbers under this paragraph not used during any 
                preceding fiscal year) to principal beneficiaries of 
                petitions pursuant to subparagraph (A).
                    ``(C) Reduction.--The number described in 
                subparagraph (B) shall be reduced, for each fiscal 
                year, by the cumulative number of visas actually used 
                under paragraph (A) for the previous fiscal year.
                    ``(D) Legitimacy of employer's ability to employ 
                and pay wages.--Any petition filed on behalf of an 
                employment-based immigrant who qualifies under this 
                paragraph must be accompanied by evidence that the 
                prospective United States employer has the ability to 
                pay the proffered wage. The petitioner must demonstrate 
                this ability at the time the priority date is 
                established and continuing until the beneficiary 
                obtains lawful permanent residence. Evidence of this 
                ability shall be either in the form of copies of annual 
                reports, Federal tax returns, or audited financial 
                statements. In a case where the prospective United 
                States employer employs 100 or more workers, the 
                Secretary of Homeland Security shall accept a statement 
                from a financial officer of the organization as 
                evidence of that prospective employer's ability to pay 
                the proffered wage. In a case where the prospective 
                United States employer does not employ 100 or more 
                workers, the Secretary may consider additional 
                evidence, such as profit/loss statements, bank account 
                records, or personnel records, that are submitted by 
                the petitioner or requested by the Secretary.''.
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