2003 News

Bureau of Citizenship and Immigration Services Issues Final Rule on Healthcare Professionals Seeking Occupational Visas

CGFNS/ICHP VisaScreen^® Certificates Now a Requirement to Obtain Temporary and Permanent Occupational Visas for Foreign-Educated Healthcare Professionals

PHILADELPHIA, PA — AUGUST 26, 2003 — On July 23, 2003, the Bureau of Citizenship and Immigration Services (BCIS) published the long-awaited final rules required under section 343 of the Illegal Immigration Reform and Immigration Responsibility Act of 1996 (IIRIRA). Under these final rules, foreign-educated health care professionals, such as nurses, physical therapists, occupational therapists, physician assistants, medical technicians, medical laboratory technologists, speech language pathologists, and audiologists who are seeking temporary or permanent occupational visas as well as those who are seeking NAFTA status, are required to first obtain a CGFNS/ICHP VisaScreen^® certificate as part of the visa process. Prior to the final rule, only those health care professionals seeking permanent occupational visas were required to obtain a CGFNS/ICHP VisaScreen certificate.

The final rule becomes effective September 23, 2003. However, BCIS will issue a waiver for those seeking temporary visas and NAFTA status for one year.

Section 343 of IIRIRA requires health care professionals successfully complete a screening program prior to receiving an occupational visa, such as the H-1B, H-2B, TN status and permanent (green card) visas. Screening includes an assessment of an applicant’s education to ensure that it is comparable to a U.S. graduate in the same profession; verification that licenses are valid and unencumbered; successful completion of an English language proficiency examination; and, in the case of nurses, verification that the nurse has either earned a CGFNS certificate or passed the National Council Licensing Examination for Registered Nurses (NCLEX-RN).

The final rule also establishes the process to be used by the BCIS in approving certifying organizations similar to CGFNS and expands the options that can be used to fulfill the English language proficiency examination requirement. The rule names Test of English for International Communication (TOEIC) and International English Language Testing System (IELTS), in addition to the Test of English as a Foreign Language (TOEFL), as acceptable options.

CGFNS is an immigration-neutral, non-profit organization based in Philadelphia, PA, USA, and is an internationally recognized authority on education, registration and licensure of nurses and health care professionals worldwide. CGFNS’s mission is to provide responsible leadership in the delivery of relevant services to the global nursing and health care community. The organization was founded in 1977 through a collaborative effort by representatives from the U.S. Department of Labor; Department of Health, Education and Welfare (now the Department of Health and Human Services); the Immigration and Naturalization Service; and representation from nursing organizations, including the American Nurses Association, the National League for Nursing and the International Council of Nurses.

To request a CGFNS Certification Packet or for additional information about CGFNS services, contact: The Commission on Graduates of Foreign Nursing Schools, 3600 Market Street, Suite 400, Philadelphia, PA 19104-2651 USA; Telephone (215) 349-8767; Fax (215) 349-0026.