The Fairnessfor High-Skilled Immigrants Act (H.R. 1044), co-sponsored byReps. Zoe Lofgren (D-CA), Ken Buck (R-CO), and 200+ bipartisan members and the companionSenate bill S. 386 sponsored by Sens. Mike Lee (R-UT) and Kamala Harris (D-CA) with 15+co-sponsors) would amend the Immigration and Nationality Act by eliminatingper-country caps for employment-based immigrant visas, aspires to a worthygoal: a more equitable immigration system.   However,this proposal as it is drafted, would inadvertently devastate access to healthcare in the United States by restricting the immigration and hiring offoreign-educated registered nurses.
 
It is not law but could become law in 2019.  In order to become law, the bill would needto pass both houses of the US Congress and be signed by the President.  It is likely at least several months beforeCongress takes any action on the bill.
 
Thelaw allows for 140,000 Employment-Based visas per year, of which 80,080are used by EB-2 and EB-3. The Fairness Act does not change thesenumbers. It just re-orders the queue in which the numbers are claimed.  As of April 2018, there were approximately550,000 EB-2 and EB-3 Indian immigrants and their spouses and minor childrenwaiting for green cards. Additionally, there are 25,000 Chinese and 21,000Philippine immigrants and their spouses and minor children also waiting forgreen cards. Noother countries have material retrogressions. In total the visabacklog for EB-2 and EB-3 is about 596,000.
 
Ata run rate of 80,080 per year and a backlog of 596,000, there will be apermanent EB-2, EB-3 retrogression of 7.45 years (596,000 / 80,080 =7.45).  No hospital is going to sponsor anurse today who is not going to arrive for 7.45 years. 
 
UnlikeIT workers, nurses are ineligible for H-1B visas. Therefore, while IT professionals are able to work inside the US whileawaiting their retrogression, nurses and other healthcare occupations wouldneed to wait outside the US for 7+ years.
 
The Fairness forHigh-Skilled Immigrants Act has a worthwhile aim: eliminating the incrediblylong backlog for Indian EB2 and EB3 applicants. Musillo Unkenholt is in favor of the bill, provided that it is modifiedin a way to allow nurses to continue to come to the US.  As it is currently structured, the Fairness forHigh-Skilled Immigrants Act would eliminate nurse immigration into the US.