The Healthcare Workforce Resilience Act: A Legislative Vaccine Against COVID-19? – Immigration – United States – Mondaq

TheHealthcare Workforce Resilience Act(HWRA)is a bipartisan bill sponsored by Sens.Chris Coons (D-DE), Dick Durbin (D-IL), Todd Young (R-IN) andformer Sen. David Perdue (R-GA).

In March 2021, Sen. Durbin formally introduced the bill into theSenate to strengthen the country's healthcare workforce byrecapturing unused visas and assigning them to foreign nationalphysicians, nurses and other healthcare professionals.

The intent of HWRA is to bring more qualified immigrant doctorsand nurses into the U.S. to address healthcare employment issuescaused by the COVID-19 pandemic. It may also help alleviate thecountry's shortage of healthcare workers.

Even though the senators unveiled HWRA at the start of theCOVID-19 pandemic to prompt immigration reform and supporthealthcare workers, it also addresses an issue that started beforethe pandemic.

Prior to 2020, the U.S. healthcare system already had a shortageof workers. Research from theNew American Economy (NAE)showsthat in 2018, before the pandemic struck, approximately 27healthcare practitioner jobs were available for each unemployedhealthcare practitioner.

Nursing is experiencing a labor shortage, which led to itscategorization as a"Schedule A"occupationby the Department of Labor (DOL). DOLclassifies occupations as "Schedule A" if there are notenough qualified workers in the U.S. for a specific job.

In the healthcare sector, the COVID-19 pandemic has shown thatthere is an urgent need for more qualified healthcare workers.

As a result of the healthcare worker shortage, hospitals haverepeatedly exceeded their capacity throughout the pandemic. In someinstances, healthcare workers have worked shifts up to 24 hours,theNiskanen Center reports.

To compensate for the shortage, nurses have been called out ofretirement to work, and school nurses have been called to hospitalsto assist. More so, the Association of American Medical Colleges(AAMC) reports thatpandemic and nationwide nursing shortage have ledto increased burnoutamong staff.

One major issue in the U.S. immigration system that HWRA wouldaddress is unused visas. In total, the HWRA wouldallow U.S. Citizenship and Immigration Services torecaptureabout 40,000 visas for healthcareprofessionals, including 25,000 visas for nurses and 15,000 visasfor physicians. If signed into law, the legislation would also helpalleviate the shortage of healthcare workers in the country.

Unused visas are a widespread concern in the U.S. immigrationsystem. Unissued visas in the healthcare industry have beenparticularly problematic during the pandemic as the countrygrappled with a shortage of healthcare workers. Despite thewillingness of foreign healthcare workers to come over to the U.S.to improve the situation, help has beenslow to arrive, according to theNiskanen Center.

Thousands of nurses from other countries have been hoping to getinto the U.S. throughout the pandemic. However, because they arenot typically eligible for temporary work visas, they must waituntil immigrant visas are available. Many foreign nationals aresubject to limitations, such as country caps and backlogs.

Several times in the past, Congress has managed to recaptureunused visas. In 2000, Congress passed the American Competitivenessin the 21st Century Act. In 2005, it passed the EmergencySupplemental Appropriations bill. Collectively, thetwopieces of legislationrecapturedalmost 200,000 visas.

Even so, the Niskanen Centerreportsthat over 505,000employment visas went unused between 1992 and 2009. Over 175,000visas were unused and never recaptured between 2005 and 2009. Byrecapturing unused visas again, Congress could significantlyenhance the nation's healthcare workforce by allowing qualifiedworkers into the country.

HWRAproposes recapturing visasfroma pool of previously unused employment-based visas Congress hasalready authorized. The visas would be issued by their prioritydate, and they would also be eligible for premium processing.

Ultimately, the bill may help to alleviate the shortage ofhealthcare workers in the U.S. Although it is designed to providerelief for an overtaxed healthcare system, HWRA would also remedyan employment situation that would likely persist into the futurewithout legislative intervention.

The COVID-19 pandemic has exposed a severe shortage ofhealthcare workers, and it has strained healthcare systems acrossthe country. Luckily, there is renewed bipartisan support for abill to repair the country's healthcare system.

The HWRA isawaiting further action in theSenate, and it hasgained support from moreorganizationssince its introduction, includingthe American Health Care Association/National Center For AssistedLiving.

Originally published 20 April, 2022

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