Healthcare Workforce Resilience Act
The Healthcare Workforce Resilience Act would, if enacted, boost the United States’ nurse and physician labor supply by “recapturing” unused employment-based immigrant visas and designating a portion specifically for nurses and physicians. The bill would add up to 40,000 employment-based visas (with 25,000 reserved for professional nurses and 15,000 for physicians) by tapping the pool of unused visas from past years. These visas would be exempt from country caps, issued in order of the priority date at the time the visa petition was filed, and made available only if other allocations (worldwide or per-country) are not immediately available. Petitions would have to be filed within three years after enactment. The bill also introduces expedited processing options and a labor-attestation requirement to protect U.S. workers. In short, the bill aims to accelerate and expand the intake of foreign-trained nurses and physicians by reusing previously unused visas, while adding procedures to speed processing and to ensure that U.S. workers aren’t displaced.
Key Points
- 1Recapture of unused employment-based immigrant visas: Up to 40,000 visas would be added to the employment-based pool, beyond the normal annual allocations.
- 2Specific allocations for nurses and physicians: Of the 40,000, 25,000 would be reserved for professional nurses and 15,000 for physicians.
- 3Eligibility and allocation rules: Visas would be issued without per-country caps and in order of the priority date assigned when the visa petition was filed. They would only be made available if no immediate availability exists under the worldwide and per-country allocations.
- 4Source and future limits on the recaptured pool: The number available is the difference between the total employment-based visas made available from fiscal years 1992 through 2024 and the total used in those years. Beginning after enactment, the pool would be reduced each year by the cumulative number of immigrant visas used under the act’s employment-based provision.
- 5Processing enhancements and protections: The act would mandate premium processing procedures (without charging a premium fee) and require expedited shipping and processing for petitions and applications for these immigrants. A labor attestation would be required, stating that hiring the immigrant has not displaced and will not displace a U.S. worker. Family members accompanying a principal beneficiary have special treatment within the visa pool and are exempt from certain skill-based limits.
- 6Status in the legislative process: Introduced in the House (H.R. 5283) in the 119th Congress; referred to the Committee on the Judiciary. Sponsor names listed as Mr. Schneider (for himself and Mr. Bacon).