1998 News

Legal Action Against United States Immigration and Naturalization Service, and United States Department of State

PHILADELPHIA, PA — MAY 15, 1998 — The Commission on Graduates of Foreign Nursing Schools (CGFNS) filed a lawsuit in the United States District Court in Washington, DC against the U.S. Immigration and Naturalization Service (INS) and the U.S. Department of State for violations of Section 343 of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) of 1996. Through the promulgation of arbitrary, capricious and unlawful directives regarding the immigration of foreign health care workers, INS and the State Department have refused to accept CGFNS certifications of the qualifications of foreign health care professionals — in direct violation of Section 343 of IIRAIRA.

Section 343 of IIRIRA requires that certain health care professionals educated outside of the United States satisfy a screening program prior to receiving a temporary or permanent occupational visa (including H-1B, H-2B, TN, and permanent resident alien visas). The screening includes an assessment of an applicant’s foreign education to ensure that it is comparable to that of a U.S. graduate in the same profession; verification that the applicant’s licenses are valid and unencumbered; determination of English language proficiency; and, in the case of nursing applicants, verification that the nurse has either earned a CGFNS Certificate or passed the National Council Licensure Examination for Registered Nurses (NCLEX-RN).

CGFNS is named in the law as an approved screening agency and meets the requirements of Section 343 through its VisaScreen[TM] program, operated by the CGFNS subdivision, International Commission on Healthcare Professions (ICHP).