DOS Cable on IVs for Nurses and Occupational Therapists

R 091949Z DEC 98
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS
SPECIAL EMBASSY PROGRAM
ASMARA POUCH
BUJUMBURA POUCH
DAR ES SALAAM POUCH
FREETOWN POUCH
KINSHASA POUCH
MONROVIA POUCH
TIRANA POUCH

Unclas State 227457

Visas, Inform Consuls

E.O12958: N/A
TAGS: CVIS

Subject: P.L. 104-108 Update: Immigrant Visas for Nurses and Occupational Therapists

Ref: (A) Manila 13899 (Notal) (B) 96 State 262098

1. Section 343 of IIRAIRA requires that aliens coming to the United States to provides services as health care workers (such as nurses, occupational therapists, physical therapists, speech/language pathologists, medical technologists or physician’s assistants) must first obtain a certificate from the Commission on Graduates of Foreign Nursing Schools (CGFNS) or an equivalent independent organization approved by the Attorney General in consultation with the Secretary of Health and Human Services. IIRAIRA does not provide for this requirement to be waived for IV applicants, and the Attorney General has not yet approved credentialing guidelines/organizations for most of these occupations. Thus, IV applications for these foreign healthcare workers have been held in abeyance since IIRAIRA took effect on September 30, 1996.

2. Interim Rule: The Immigration and Naturalization Service has now published an interim rule effective on December 14 that implements portions of section 343 of IIRAIRA (INA Section 212(a)(5)) to permit the issuance of immigrant visas only/only to certain nurses and occupation therapists. Since the rule does not include the other occupations listed above, IV applications in those fields must continue to be held in abeyance.

3. Certification: The interim rule grants authorization to the CGFNS and the National Board for Certification as an Occupational Therapist (NBCOT) to issue certification. Respectfully, the nurses and occupational therapists, all IV applicants in these two categories, including IV applicants in the pipeline who have been awaiting implementing regulations must present the appropriate certificate to a consular officer at the time of the visa interview. INS has not yet advised when CGFNS and NBCOT will begin issuing certificates. However, we expect that posts may see their first applicants as early as December 14. VO will advise posts of the first issuance date when it is known.

4. The certificates will contain the issuing organization’s phone number for confirmation of questionable certificates. VO will explore having INS verify the certificates for I-140 petitions approved after December 14. VO will send posts samples of both certificates when they are available.

5. Section 343 of IIRAIRA contains an English language proficiency requirement for foreign healthcare workers as part of the certification process. Under the new regulation, a certificate issued by CGFNS or NBCOT is evidence that the applicant satisfies all the requirements of Section 343, including a passing score on the appropriate English language examination. If, however, the personal interview reveals an obvious lack of appropriate English language proficiency or appropriate knowledge of the certified healthcare field, post should submit the case to CA/VO/L/A for an advisory opinion. An approved certificate does not/not, of course, excuse an applicant from all of the other relevant statutory and regulatory requirements for visa issuance.

6. The Visa Office does not/not expect posts to notify individually IV healthcare worker applicants in the pipeline. The INS regulation should serve as notice to petitioners and applicants of the availability of an necessity for the certificates. We anticipate that the petitioning employers will notify their future employees how to obtain a certificate. Posts that wish to issue a public notice and/or provide handouts as part of a public outreach program should coordinate the text of their document with CA/P.

7. The interim rule does not alter the applicability of the current blanket waiver of 212(a)(5)(C) for qualified H-1B healthcare workers (Ref B).

Pickering