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DHS extends certification requirement to nonimmigrant health care workers - August 4 '03
TN health care workers: Mark your calendars for July 26, 2004!! That is the date you will be required to produce certification in order to work in certain health care professions in the U.S.
As of September 23, 2003, a new rule goes into effect which will require many nonimmigrant health care workers (other than physicians) to comply with certification requirements which previously applied only to immigrants. The Department of Homeland Security ("DHS") announcement describing this requirement may be found at: http://www.immigration.gov/graphics/publicaffairs/newsrels/newReq072903.htm and general background for the certification requirement may be found at: http://www.immigration.gov/graphics/publicaffairs/questsans/hcworkers072903.htm.
Although it is effective on September 23rd, it provides a "grace period" of one year from July 25, 2003 during which DHS will admit and approve applications for change of status and/or extension of stay for uncertified nonimmigrant health care workers. Given that, in Maine, most Canadian TN nurses renew their TNs annually at the border, this one-year grace period may have little practical effect. Accordingly, nonimmigrant health care workers should start the certification process now in order to be in compliance by July 26, 2004
The final rule requires that aliens who seek to enter the U.S. to work in health care jobs obtain certification from the Commission on Graduates of Foreign Nursing Schools ("CGFNS") or an equivalent accrediting organization that the alien meets certain statutory standards for their profession. Despite its name, CGFNS serves as the certifying authority for professions other than nursing. In lieu of CGFNS certification, nurses may present a "certified statement;" a somewhat streamlined procedure designed to achieve the same purpose. The final rule is reproduced at: http://www.immigration.gov/graphics/lawsregs/fr72503.pdf.
Certification is required of all health care positions (other than doctor), including nurses (registered nurses, licensed practical nurses, and licensed vocational nurses), physical therapists, occupational therapists, speech-language pathologists and audiologists, medical technologists (also known as clinical laboratory scientists), medical technicians (also known as clinical laboratory technicians), and physician assistants.
Before publication of the final rule on July 25, 2003, only immigrant health care workers were subject to the certification requirements; which are designed to ensure that health care workers educated in foreign countries are able to meet minimum equivalency/proficiency standards to practice in the U.S. Now, even Canadian TN nurses must obtain a VisaScreen certificate or certified statement from CGFNS. In responding to comments on the proposed rule, DHS rejected the argument that such a policy conflicts with NAFTA.
As is currently the case, health care workers educated in Canada (other than in Quebec) remain exempt from the English language proficiency requirement. However, TN nurses working in Maine must now demonstrate that they have passed the NCLEX in order to obtain certification. This produces the odd result of requiring foreign nurses to pass the NCLEX for certification but not for Maine licensure.
Please contact Matthew S. Raynes, mraynes@eatonpeabody.com, for further information.
This paper is provided as general information, and is not a substitute for legal or other professional advice.
TN health care workers: Mark your calendars for July 26, 2004!! That is the date you will be required to produce certification in order to work in certain health care professions in the U.S.
As of September 23, 2003, a new rule goes into effect which will require many nonimmigrant health care workers (other than physicians) to comply with certification requirements which previously applied only to immigrants. The Department of Homeland Security ("DHS") announcement describing this requirement may be found at: http://www.immigration.gov/graphics/publicaffairs/newsrels/newReq072903.htm and general background for the certification requirement may be found at: http://www.immigration.gov/graphics/publicaffairs/questsans/hcworkers072903.htm.
Although it is effective on September 23rd, it provides a "grace period" of one year from July 25, 2003 during which DHS will admit and approve applications for change of status and/or extension of stay for uncertified nonimmigrant health care workers. Given that, in Maine, most Canadian TN nurses renew their TNs annually at the border, this one-year grace period may have little practical effect. Accordingly, nonimmigrant health care workers should start the certification process now in order to be in compliance by July 26, 2004
The final rule requires that aliens who seek to enter the U.S. to work in health care jobs obtain certification from the Commission on Graduates of Foreign Nursing Schools ("CGFNS") or an equivalent accrediting organization that the alien meets certain statutory standards for their profession. Despite its name, CGFNS serves as the certifying authority for professions other than nursing. In lieu of CGFNS certification, nurses may present a "certified statement;" a somewhat streamlined procedure designed to achieve the same purpose. The final rule is reproduced at: http://www.immigration.gov/graphics/lawsregs/fr72503.pdf.
Certification is required of all health care positions (other than doctor), including nurses (registered nurses, licensed practical nurses, and licensed vocational nurses), physical therapists, occupational therapists, speech-language pathologists and audiologists, medical technologists (also known as clinical laboratory scientists), medical technicians (also known as clinical laboratory technicians), and physician assistants.
Before publication of the final rule on July 25, 2003, only immigrant health care workers were subject to the certification requirements; which are designed to ensure that health care workers educated in foreign countries are able to meet minimum equivalency/proficiency standards to practice in the U.S. Now, even Canadian TN nurses must obtain a VisaScreen certificate or certified statement from CGFNS. In responding to comments on the proposed rule, DHS rejected the argument that such a policy conflicts with NAFTA.
As is currently the case, health care workers educated in Canada (other than in Quebec) remain exempt from the English language proficiency requirement. However, TN nurses working in Maine must now demonstrate that they have passed the NCLEX in order to obtain certification. This produces the odd result of requiring foreign nurses to pass the NCLEX for certification but not for Maine licensure.
Please contact Matthew S. Raynes, mraynes@eatonpeabody.com, for further information.
This paper is provided as general information, and is not a substitute for legal or other professional advice.
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