This Act recaptures unused employment-based immigrant visas from past years to expedite the immigration of up to 40,000 professional nurses and physicians.
Richard Durbin
Senator
IL
The Healthcare Workforce Resilience Act aims to address healthcare staffing shortages by recapturing unused employment-based immigrant visas from previous years. These recaptured visas are specifically reserved for professional nurses (25,000) and physicians (15,000) to expedite their entry into the U.S. The bill also mandates premium processing for these petitions without imposing extra fees and includes worker protection attestations to prevent displacement of U.S. workers.
The newly introduced Healthcare Workforce Resilience Act is a targeted effort to tackle the ongoing staffing crunch in hospitals and clinics across the country. Essentially, this bill is a massive, one-time immigration surge designed only for medical professionals. It works by reaching back into the past—specifically between 1992 and 2024—and "recapturing" employment-based immigrant visas that were authorized but never actually used. This recaptured pool of visas is then strictly reserved for professional nurses and physicians.
This isn't a general immigration boost; it’s highly specific. The bill sets aside 40,000 visas from this recaptured pool: 25,000 for nurses and 15,000 for physicians, plus their immediate family members. Why does this matter? Currently, many skilled professionals, particularly from high-demand countries like India or the Philippines, face decades-long waits due to per-country caps. This bill explicitly removes those country limits for these 40,000 visas, issuing them based on the professional’s original priority date—meaning those who have been waiting the longest get to cut the line. For a doctor or nurse stuck in visa limbo, this is the equivalent of a golden ticket, potentially shaving years off their wait time and allowing them to start working immediately where they are needed most.
One of the most interesting provisions involves processing speed. The bill mandates that the Department of Homeland Security (USCIS) and the Department of State must set up premium processing procedures for these specific petitions. Normally, premium processing costs thousands of dollars and speeds up the review from months to weeks. However, the bill explicitly states that USCIS cannot charge an extra fee for this expedited service. This means hospitals and clinics get their essential staff faster without having to pay the usual premium processing fees, removing a financial hurdle for facilities desperate for staff.
While the bill is designed to alleviate shortages, it includes a necessary safeguard for the domestic workforce. Before any of these reserved visas are issued to a foreign nurse or doctor, the hiring employer must sign a specific attestation. This is a formal statement confirming that hiring the foreign worker has not, and will not, result in displacing any qualified U.S. worker. This is a critical check to ensure that the bill addresses genuine labor shortages rather than simply undercutting the wages or opportunities of American medical professionals. The effectiveness of this protection, however, relies entirely on the employer’s good faith and accurate assessment of their staffing needs.
If you’re a patient, this bill is a win because it promises to increase the supply of doctors and nurses, potentially improving access to care, especially in underserved areas. If you’re a hospital administrator, this is a massive staffing relief valve. However, if you are another type of highly skilled professional—say, an engineer or a software developer—who is also waiting in the employment-based visa backlog, this bill doesn't help you. In fact, while it doesn't take away visas from your category, it does prioritize a specific cohort (nurses and doctors) ahead of everyone else in the existing queue for the recaptured slots. It’s a clear policy choice: prioritize healthcare resilience above all other employment categories.