H.R. 5283

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5283 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 5283

To enhance our Nation's nurse and physician workforce by recapturing 
unused immigrant visas.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

September 10, 2025

Mr. Schneider (for himself and Mr. Bacon) 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.

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 (title I of 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 no later than three years following the date of 
enactment of the Healthcare Workforce Resilience Act.
``(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.
``(D) Additional limitation.--Visas may only be 
made available under this subsection to a beneficiary 
and such beneficiary's dependents if visas are not 
otherwise immediately available to such individuals 
pursuant to the worldwide and per country allocations 
set forth in sections 202(a)(2) and 203(b) of the 
Immigration and Nationality Act (8 U.S.C. 1152(a)(2) 
and 1153(b)).
``(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 2024; 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 fiscal year during which 
the Healthcare Workforce Resilience Act is enacted, 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 or to the 
Department of Homeland Security as an application for an 
adjustment of status, that the hiring of the alien has not 
displaced and will not displace a United States worker.''.
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