What types of U.S. visas do health professionals apply for?

Each visa category has its own numeric quota and length of renewal and stay.

1. A permanent (immigrant) visa, also known as a “green card”. The term “green card” is known all over the world; however, it is not an official name. The official name is Alien Registration Receipt Card. Many people believe, mistakenly, that green cards are work permits. Although that is one of its features, identifying the holder as a permanent resident of the United States is its main function. A green card holder is required to make the United States their permanent home and, if they do not, they risk losing the card.
2. A temporary (non-immigrant) visa, of which there are three types: H-1B, H-1C and TN (Trade NAFTA).

What are the different categories under which an applicant could apply for a permanent visa?

U.S. Citizenship and Immigration Services (USCIS) has established nine categories for green card applicants:

1. Immediate relatives
2. Family preference; employment preference
3. Ethnic diversity — green card lotteries
4. Investors
5. Special immigrants
6. Refugees and individuals seeking political asylum
7. Temporary protected status
8. Amnesty
9. Special agricultural workers

Each green card preference category has a numeric quota and specialized criteria.

I am a Canadian nurse, who wishes to work in the United States under the Trade NAFTA (TN) visa. Do I need to go through the VisaScreen^®: Visa Credentials Assessment?

Yes. ICHP VisaScreen^® certificates are required for Canadian nurses entering the United States on the TN visa.

How does the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) affect me?

Section 343 of the 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 registered nurses, verification that the nurse has either passed the CGFNS Qualifying Exam^® or passed the NCLEX-RN^®.

When did the final regulations of Section 343 take effect?

The final regulations were issued 25 July 25 2003, and became effective 23 September 2003.

Was CGFNS named as a federally approved provider of certifications under Section 343?

Yes. Under Section 343, CGFNS was named as a federally approved provider of certifications for certain health care professionals seeking an occupational visa or adjustment of status to permanent resident.

What health care professions does CGFNS/ICHP certify under Section 343?

Under the United States Citizenship and Immigration Service’s (USCIS) regulations, CGFNS/ICHP can certify registered nurses, licensed practical/vocational nurses, physical therapists, occupational therapists, speech language pathologists, audiologists, clinical laboratory scientists (medical technologists), clinical laboratory technicians (medical technicians) and physician assistants.

How does CGFNS International certify that foreign health care workers meet the requirements of Section 343?

CGFNS International created a new division in 1996, the International Commission on Healthcare Professions (ICHP), to administer its new service VisaScreen^®: Visa Credentials Assessment. VisaScreen^® was established to enable health care professionals to meet the requirements of Section 343 by verifying and evaluating their credentials to ensure that they meet the government’s minimum eligibility standards. Applicants who successfully complete VisaScreen^® receive an ICHP VisaScreen^® certificate, which can be presented to a consular officer, or in the case of adjustment of status, to the Attorney General as part of a visa application.

Were any other organizations named as federally approved providers of certifications under Section 343?

Yes. In addition to CGFNS being named as a federally-approved agency to certify registered nurses, licensed practical/vocational nurses, physical therapists, occupational therapists, speech language pathologists, audiologists, clinical laboratory scientists (medical technologists), clinical laboratory technicians (medical technicians) and physician assistants, the National Board for Certification in Occupational Therapy (NBCOT) was also named as a federally-approved provider of certification only for occupational therapists, and the Federation of State Boards of Physical Therapy (FSBPT) was named to certify only physical therapists.

I am a foreign health care worker who is obtaining permanent resident status based on my relationship (e.g. spouse or dependent) to a U.S. citizen. Do I need to obtain a certification?

No. Foreign health care workers who seek permanent resident status based on their relationship to an American citizen are not subject to Section 343 and do not need to obtain a certification.

I am a foreign-educated health care professional in a non-clinical occupation (such as medical teachers or researchers, administrators of health care facilities, medical consultants, etc.). Do I need to obtain certification under Section 343?

No. Healthcare professionals coming to the United States to perform services in non-clinical health care occupations that do not provide patient care are not required to obtain certification under Section 343. However, health care professionals who are indirectly involved in the performance of patient care (such as supervisory nurses, etc.) must obtain certification under Section 343, such as the ICHP VisaScreen^® certificate.

I am a foreign-educated health care worker, but not in one of the professions mentioned, who is subject to the provisions of Section 343. I have all the necessary paperwork to immigrate to the United States. Why can’t CGFNS certify me?

The United States Citizenship and Immigration Services (USCIS) has chosen to limit the number of occupations for which certificates can be issued.

What is a 212(r) Certified Statement, what are the benefits and who can apply?

The 212(r) Certified Statement is an alternative, abbreviated VisaScreen^® process that exempts certain nurses from the English language proficiency and educational comparability requirements. Section 212(r) of IIRIRA authorizes CGFNS to issue Certified Statements to foreign-educated nurse who meet these criteria:

• The registered nurse must have been educated in one of the listed exempt countries: the United Kingdom (England, Wales, Northern Ireland and Scotland), Australia, all provinces in Canada (but in Quebec the only approved schools are McGill University and Dawson College in Montreal, Vanier College in St Laurent, John Abbot College in Sainte-Anne-de-Bellevue, and Heritage College in Gatineau), South Africa, New Zealand, Ireland, Trinidad/Tobago, Jamaica, Barbados or the United States. (To verify the graduation from an approved school of nursing, we will require that the school send verification of graduation stating that the instruction and textbook language was English. The verification of graduation will be required to carry the official school seal and signatures where they exist. We will no longer need a full transcript.)
• The registered nurse must have passed NCLEX-RN^® and be licensed by examination to practice in one of five states: Florida, Georgia, New York, Illinois and Michigan. (We must receive a license validation form from one of those states. Those states have their own processes to validate foreign licenses of foreign educated nurses and therefore we will not have to duplicate those efforts.)
• The nursing school must be one of those accepted by CGFNS International and included in the list that CGFNS established in 1999 after its review of the education in the above countries. Any school founded after November 1999 must be reviewed and accepted by CGFNS International.

How do I apply for a 212(r) Certified Statement from CGFNS?

Complete the VisaScreen^® application, marking the 212(r) Certified Statement box “For which VisaScreen^® category are you applying?”. You must also indicate in which U.S. state(s) you are currently licensed. Apply Online (see question above “How can I obtain a VisaScreen^® application?”), or download the VisaScreen^® application at www.cgfns.org/files/pdf/apps/VSHandbook.pdf. Fill out the form, mail to CGFNS International with the appropriate fee and send your Request for Academic Records and Validation of Registration/License to the proper schools and licensing authorities. School transcripts and records, and all past and current license validation, must come directly from the schools and licensing authorities to CGFNS International.

What is the streamlined process?

The Streamlined Certification process is an alternative, streamlined VisaScreen^® process for certain U.S. educated health care professionals who were born outside the United States that also exempts them from the English language proficiency and educational comparability requirements.

• A nurse must have graduated from an entry-level program accredited by the National League for Nursing Accrediting Commission or the Collegiate Nursing Education.
• An occupational therapist must have graduated from a program accredited by the Accreditation Council for Occupational Therapy Education of the American Occupational Therapy Association
• A physical therapist must have graduated from a program accredited by the Commission on Accreditation in Physical Therapy Education of the American Physical Therapy Association
• A speech-language pathologist or audiologist must have graduated from a program accredited by the Council on Academic Accreditation in Audiology and Speech-Language Pathology of the American Speech-Language-Hearing Association

The school must provide a statement verifying graduation and all licenses have to be verified as unencumbered by the issuing agency.