Q:
Who is required to seek a certificate?
A: Section 343 of the Illegal Immigration Reform
and Immigrant Responsibility Act (IIRIRA) created a new ground of
inadmissibility for any uncertified immigrant or nonimmigrant alien who seeks
to enter the United States for the purpose of performing labor as a health care
worker. The provision applies to
nurses, physical therapists, occupational therapists, speech language
pathologists, medical technologists, medical technicians, and physician
assistants.
Q:
When do applicants present the certificate?
A: For intending immigrant health care workers,
the certificate must be presented to the consular officer at the time the alien
applies for an immigrant visa or to the DHS when applying for adjustment of
status. For nonimmigrant health care
workers, beginning July 26, 2004, the certificate must be presented to a
Consular officer at the time of visa issuance, when applying for a change of
nonimmigrant visa status or extension of stay within the United States, and/or
to the DHS at each time of admission, whichever is earlier.
Q:
Who is exempt from certification?
A: At this time, the Department of Homeland
Security (DHS) has decided to waive the certification requirement for aliens
coming to the United States as nonimmigrant health care workers until July 26,
2004.
Aliens coming to the United States for the purpose
of receiving training in one of the affected occupations (such as H-3, J-1
trainee, or F-1 optional practical training visa holders), or to perform
services in non-clinical health care occupations such as, but not limited to,
medical teachers, researchers, managers of health care facilities, and medical
consultants are not required to seek a certificate.
Additionally, dependent aliens are exempt from
seeking a certificate even if they will eventually be employed in a covered
health care occupation. Aliens who
have applied for immigrant benefits on the basis of a family sponsored petition
or as refugees, regardless of their ultimate professional goal, are also
exempt.
Q:
What organizations may issue a certificate?
A: Three organizations, the Commission on
Graduates of Foreign Nursing Schools (CGFNS), the National Board for
Certification in Occupational Therapy (NBCOT), and the Foreign Credentialing
Commission on Physical Therapists (FCCPT), have been designated to provide the
certificate outlined in Section 343 of IIRIRA.
CGFNS will provide certification for all seven groups of health care
applicants. NBCOT is only authorized to
issue certificates for occupational therapists and FCCPT is only authorized to
certify physical therapists.
Q: What does the certification entail?
A: The certification verifies that the foreign
health care worker's education, training, licensing, experience, and English
competency are comparable to an American health care worker. Each certification document must contain the
following items:
o
Name and address of the certifying organization
with a point of contact;
o
Date of issue;
o
Title of occupation for which the certification
was issued;
o
Applicant's name, date, and place of birth;
o
Verification that the education, training,
license, and experience are comparable to American health care workers;
o
Verification that the education, training,
license, and experience are authentic;
o
Verification that the education, training,
license, and experience meet all applicable statutory and regulatory
requirements for admission into the United States as an immigrant, this
determination is not binding on the DHS;
o
Verification that the applicant has passed the
licensing or certification exam or has passed a test predicting success on a
licensing or certification exam; and
o
Results of standardized testing for English
competency requirement.
Q.
Do I need a certification from CGFNS or NBCOT if I am a Canadian entering the
U.S. in the "TN" class?
A:
Yes. Effective July 26, 2004, all
Canadians health care workers entering the United States in “TN" (Trade
NAFTA) visa status will be required to present a Section 343 health care
certificate.
Q. I am a nurse who has a CGFNS certificate. Do I
still need to apply for a VisaScreen Certificate?
A: Yes, you must still apply for VisaScreen. Passing the nursing examination is only one of the requirements
for a VisaScreen Certificate (which is needed when applying for an occupational
visa).
Q. I already passed the NCLEX-RN examination. Do I still need to apply for a VisaScreen Certificate?
A: Yes. However, in lieu of the
Section 343 VisaScreen Certificate, you may be eligible to submit an
alternative statement from the CGFNS to satisfy the certification requirement
if you meet certain requirements.
Please contact the CGFNS for more information.
Q. I already have a valid state
license, do I still need to apply for a VisaScreen Certificate?
A. Yes. Possession of a state license does not
exempt a foreign health care worker from compliance with the certification
requirement.
Q. I was trained and graduated
from a United States program, do I still need to apply for a VisaScreen Certificate?
A. Yes. However, foreign health care workers who
received their training in the United States are subject to a “streamline
certification process.” Evidence of
graduation from certain accredited programs may be submitted to meet the
educational comparability and English proficiency components of the VisaScreen
certification process.