DOS on Foreign Health-Care Workers
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS
SPECIAL EMBASSY PROGRAM
AMEMBASSY BUJUMBURA
AMEMBASSY SARAJEVO
UNCLAS STATE 229958
VISAS - INFORM CONSULS
E.O. 12958: N/A
TAGS: CVIS
Subject: P.L. 104-208 Update No. 32: INA 212(a)(5): Scheduling Immigrant Visa Interviews for Foreign Health-Care Workers
Ref: a) State 179263 b) Manila 9753 (Notal) c) 96 State 262098
1. Section 212(a)(5)(c) of the INA (section 343 of IIRAIRA) prohibits the issuance of visas to health-care workers who do not present required certification of their professional and language competence. To date, neither the certification requirements for the various health-care professions, nor the implementing regulations have been established. Per Ref (c), INS has authorized a blanket waiver of this requirement for nonimmigrant visa applicants, and their applications may continue to be processed. However, there is no waiver for beneficiaries of immigrant visa petitions based on employment as health-care workers. Therefore, such IV applicants cannot qualify for an immigrant visa.
2. Posts should note that the INA specifically exempts physicians from this requirement.
3. Ref (a) advised that the INS had issued a policy statement announcing that prior to the promulgation of regulations implementing section 343 of IIRAIRA, it will not accept any certifications developed and issued to meet the requirements of INA (212)(a)(5)(c). This applies to certificates issued by the Commission on Graduate Foreign Nursing Schools (CGFNS), any division of CGFNS or any equivalent independent credentialing organization.
4. Posts should not/not schedule IV appointments for health-care workers pending further instructions. Processing such cases would result in a considerable waste of resources and take up interviewing slots that could be used by applicants from other categories. It also means frustration and expense for the applicants.
5. Upon receipt of I-140 petitions for health-care workers, posts should transmit a letter to the beneficiary including language equivalent to the following:
"Last year, the Immigration and Nationality Act was amended to require all health-care workers to present professional certifications before an immigrant visa could be issued. To date, the certifications have not been established. Therefore, procedurally a visa may not be issued to you to immigrate to the United States as an employment-based immigrant in the health-care field. As a result, we will not be scheduling an interview in your case until the requirements have been determined and the regulations pertaining to the requirements are published. You will be contacted by this office when these certification procedures are in place."
6. VO and NVC are exploring interim procedures for notifying health-care workers via the Packet Three process that IV's cannot be issued until implementing regulations are published.
7. For Montreal: Parallel procedures are being explored for the Canada Packet Four project. Post will be advised by SEPTEL.
8. Minimize considered.
Pickering