DOS on Foreign Healthcare Workers
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS
SPECIAL EMBASSY PROGRAM
AMEMBASSY SARAJEVO
AMEMBASSY BUJUMBURA
ANCONSUL GUANGZHOU
INFO USINS WASDC
Unclas State 179263
E.O. 12958: N/A
Tags: CVIS
Subject: P.L. 104-208 Update No. 28, 212(a)(5)(C), Certifications for Foreign Healthcare Workers
Ref: 96 State 262098 - P.L. 104-208 Update No. 13: INA 212(A)(a)(5)(C); Labor Certification Changes
1. Update No: 13, dated 26 December 1996, discussed changes that were made to INA Section 212(a)(5)(C) as provided in Section 343 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA), division "C" of Pub. L. 104-208, 110 Stat. 3009, 30 September 1996. Among other things, Section 343 established at INA Section 212(a)(5)(C) a new certification requirement for foreign healthcare workers. Para 5 of REFTEL indicated that considerable interagency coordination would be required before the Immigration and Naturalization Service (INS) could publish regulations in the Federal Register implementing the certification process; a number of issues are still under deliberation and will need to be resolved prior to regulatory publication. In the meantime, the Commission on Graduates of Foreign Nursing Schools (CGFNS) informed INS that it believes it has statutory authority under INA 212(a)(5)(C) to administer healthcare certification examinations irrespective of the absence of implementing INS regulations. INS, however, has instructed its field offices not to accept any such certifications prior to Federal Register publication of implementing regulations.
2. In a letter dated 25 August 1997, CGFNS wrote to INS stating its intention to begin issuance in the near future (date unspecified) of foreign healthcare certifications. To this end, CGFNS established the International Commission on Healthcare Professions (ICHP) to oversee the administration of CGFNS’s Healthcare Certification Examination. ICHP will accept and process applications for a visa credentials assessment examination which CGFNS is calling "Visa Screen." A recent cable from Amembassy Manila states that it is already in receipt of ICHP’s "Visa Screen" information packet. Other posts with significant alien health-care worker clientele should anticipate receipt of ICHP’s information as well.
3. In response to CGFNS’ correspondence, INS headquarters notified its field offices on 27 August 1997, that prior to the promulgation of regulations, it will not, repeat, will not accept any certifications that have been developed and issued to meet the requirements of INA 212(a)(5)(C) by CGFNS, or any equivalent independent credentialing organizations(s). A public announcement to this effect was subsequently issued on 11 September 1997, by INS’s Office of Public Affairs.
4. Based on the above, and pending promulgation of implementing regulations by INS, posts should continue to follow the procedures outlined in REFTEL that authorize 212(d)(3) waivers on a blanket basis for nonimmigrant applicants found ineligible under INA(a)(5)(C).
5. Minimize considered.
Talbott