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NEW
INFORMATION CONCERNING
FOREIGN HEALTHCARE WORKERS
The final regulation concerning the certification of
foreign healthcare workers has been published. Under
Section 212(a)(5)(C) of the Immigration and Nationality
Act (Act), an alien who seeks admission to the United
States to work as a healthcare worker, other than a
physician, must present a certificate or will be INADMISSIBLE.
1. OCCUPATIONS COVERED UNDER THE ACT
The healthcare occupations covered are nurses, physical
therapists, occupational therapists, speech-language
pathologists, audiologists, medical technologists, medical
technicians and physician assistants.
2. HISTORY OF THE ACT
While the Act has been in existence since 1996, there
has been a blanket waiver with regard to temporary workers
in the U.S. on nonimmigrant visas. This waiver had allowed
healthcare workers to continue working in the U.S. without
obtaining the certification.
3. EFFECT NOW ON NONIMMIGRANTS
Effective September 23, 2003, the DHS will continue
to waive the certification requirement for a period
of one year. However, effective July 26, 2004, an alien
must provide evidence of certification in order to obtain
admission to the U.S., an extension of stay or a change
of status to work as a healthcare worker.
4. EFFECT OF RULE ON IMMIGRANTS
Effective immediately, anyone applying to adjust status
to a lawful permanent resident, must present the certification
at the time that the adjustment application is filed
with DHS. If the immigrant is consular processing, the
certification must be presented at the time of the interview.
5. WHAT IS A VISA SCREEN CERTIFICATE?
A visa screen certificate is issued by CGFNS (Commission
on Graduates of Foreign Nursing Schools. This certificate
takes into account the following information for a registered
nurse:
| a. |
The Nurse has passed either the NCLEX OR the CGFNS
examination;
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| b. |
The
Nurse was schooled in English in either Canada (except
Quebec), Australia; Ireland; New Zealand; United
Kingdom; and United States; |
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c. |
The Nurse has taken and passed the TOEFL examination;
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d. |
The Nurse has the equivalent education of a U.S.
schooled Nurse and can provide certified transcripts
of same.
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Right
now, CGFNS is the only organization issuing visa screen
certificates for Nurses. |
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