2006 News

USCIS Continues to Require VisaScreen^® Certificate for Nurses Seeking Immigrant Visas to the U.S. or Adjustment of Status.

PHILADELPHIA, PA — AUGUST 11, 2006 — USCIS Continues to Require VisaScreen^® Certificate for Nurses Seeking Immigrant Visas to the U.S. or Adjustment of Status.

There has recently been some confusion about when the U.S. Bureau of Citizenship and Immigration Services (USCIS) will require nurses who are immigrating to the United States or seeking adjustment of status within the United States to present the CGFNS VisaScreen^® certificate.

In May, 2006, one office of USCIS, the Texas Service Center, announced that it planned to deny adjustment of status applications filed by foreign health care workers who did not submit with their application — at the time of filing — a copy of the CGFNS VisaScreen^® certificate.

Although this policy announcement caused considerable concern within the immigration community, it does not appear that the policy was ever implemented.

Instead, the Texas Service Center — and USCIS — announced in early June that it was dropping its plan and abandoning the policy that it had announced in May.

Today and for all of 2006, the previous USCIS policy continues and has continued to be in effect regarding adjustment of status applications by nurses and other covered health care workers. That policy is that if the VisaScreen^® certificate is not included with the adjustment of status application at the time of filing, USCIS will, in the course of adjudicating the application, issue a Request for Evidence (RFE).

The applicant will then have 12 weeks in which to provide the certificate.

In summary, USCIS has not changed its previous policy, which is that the VisaScreen^® certificate is required at the time the application for adjustment of status is adjudicated, not at the time the application is filed.

Please consult with your immigration counsel.