1998 News

FAQ Regarding Section 343 Interim Rules

PHILADELPHIA, PA — OCTOBER 1, 1998 —

Q. When will these new regulations take effect?
A. On December 14, 1998. At that time, INS will begin accepting certifications issued by CGFNS for nurses, and NBCOT for occupational therapists.

Q. When will CGFNS begin issuing certifications under Section 343?
A. CGFNS will begin issuing certifications for pending qualified applicants before December 14. We plan to begin issuance of certifications on or about October 30, 1998.

Q. Do I need a certification from CGFNS or NBCOT if I am a Canadian entering the U.S. in the "TN" class?
A. No, certifications are NOT required for health care workers entering the United States in a temporary or "nonimmigrant" visa status. Since "TN" (standing for "Trade NAFTA") is a nonimmigrant status, no certification is required. INS will continue to waive the requirements of Section 343 for all health care workers in temporary or nonimmigrant status.

Q. In what circumstances are certifications required?
A. Certifications are required only for persons seeking immigrant visas, or seeking to adjust status to permanent resident. An immigrant visa or permanent resident status is often referred as a "green card." Persons seeking to qualify for "green card" status based on their health-care occupation require a certification.

Q. Can CGFNS issue certifications for all foreign health care workers seeking green cards?
A. No. Under the current INS interim regulations, which will go into 1effect on or about December 14, 1998, CGFNS will be authorized to issue certifications under section 343 only to nurses seeking permanent resident status. NBCOT will be authorized to issue certifications only for occupational therapists. No other organization is currently authorized to issue certifications for other health care professions. All applications for immigrant visas or for adjustment of status to permanent resident will therefore continue to be "held in abeyance" until INS issues final regulations under section 343.

Q. I am a foreign health care worker who is subject to the provisions of Section 343. I have all the necessary paperwork to immigrate to the U.S. Why won't CGFNS issue me the necessary certification?
A. INS has chosen to limit the number of organizations authorized to issue certifications during the period of the interim rule to two (CGFNS and NBCOT), and the number of occupations for which certificates can be issued also to two (nurses and occupational therapists). INS anticipates that additional occupations, and perhaps additional organizations, would be added when a final rule is promulgated. CGFNS has consistently expressed its disagreement with this approach to INS, and has raised these issues in its lawsuit against INS, which is currently pending in U.S. District Court in Washington, D.C.

Q. I am a foreign health care worker who is obtaining permanent resident status based on my relationship (such as spouse or minor child, for example) to a U.S. citizen. Do I need to obtain a section certification from CGFNS or NBCOT?
A. No. Foreign health care workers who seek permanent resident status on the basis of their relationship to an American citizen are not subject to section 343, and do not need to obtain or present a section 343 certification.

Q. I am a foreign health care worker, but in a non-clinical occupation (such as medical teachers or researchers, managers of health care facilities, medical consultants, etc.). Do I need to obtain a certification under section 343?
A. No. Aliens coming to the U.S. to perform services in non-clinical health care occupations which do not provide patient care (such as those listed above in this question) are not covered by the provisions of Section 343. Aliens, however, who are indirectly involved in the performance of patient care, such as supervisory nurses, for example, must obtain a section 343 certification. Nurses would obtain such certifications from CGFNS.

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). It does however mean the following: you do not have to pass another nursing exam, your transcripts already on file may be able to be used, and you receive a discount on the VisaScreen certificate of $125.

Q. I already passed the NCLEX-RN^® examination. Do I still need to apply for a VisaScreen certificate?
A. Yes, you must still apply for VisaScreen. Passing the NCLEX-RN^® examination is only one of the requirements for a VisaScreen certificate (which is needed when applying for an occupational visa). It does however mean the following: you do not have to take another nursing exam..

Q. Do I have to take a separate English-language test before I can obtain a CGFNS certificate?
A. Yes. Section 343 requires that CGFNS (or an "equivalent" credentialing organization) certify that "the alien has the level of competence in oral and written English" appropriate for the work the alien will be doing, as determined by the Secretary of Health and Human Services in consultation with the Secretary of Education, and that that level of competence should be demonstrated on a nationally recognized, commercially available, standardized test. However, if you are a graduate from an educational program in one of the following countries, you are exempt from the English-language requirement: Australia, Canada (except Quebec), Ireland, New Zealand, the United Kingdom, and the United States.

Q. I took an English-language examination when I passed the CGFNS examination, do I still have to take another?
A. Yes. Passage of the English language portion of CGFNS’s predictor examination or passage of TOEFL alone does not meet the statutory requirement, and can not be accepted by CGFNS in satisfaction of the English language requirement. Applicants must take TOEFL, TWE and TSE or MELAB to meet the English language proficiency requirement of section 343.

Q. Can you send me an application for the English-language examination?
A. No you must apply for the examinations directly with the appropriate institutions which are as follows: Educational Testing Services (ETS), TOEFL/TSE Publications, Test of English as a Foreign Language, P.O. Box 6151, Princeton, NJ 08541-6151, telephone (609) 771-7100 http://www.toefl.org; OR English Language Institute(ELI), MELAB Testing, 3020 North University Building University of Michigan, Ann Arbor, MI 48109-1057, telephone (734) 763-3452 or (734) 764-2416, fax (734) 763-0369, email: melabelium@umich.edu.