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Immigration and Visas Frequently Asked Questions
In general, what types of visas do foreign health professionals apply for? Each visa category has its own numeric quota and length of renewal and stay.
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:
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® program? Yes. Certificates are required for health care workers entering the United States on permanent and temporary, including the TN visa categories. What is the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), and how does that affect me (as a foreign-educated health care professional)? 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® examination. When did the final regulations of Section 343 take effect? The final regulations were issued July 25, 2003, and became effective September 23, 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 health care professionals seeking immigrant visas or adjustment of status to permanent resident, other than physicians. Under Section 343, CGFNS 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 International Commission on Healthcare Professions 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. What health care professions does CGFNS/ICHP certify? 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. 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 International Commission on Healthcare Professions VisaScreen® certificate. I am a nurse who holds a CGFNS certificate. Do I still need to apply for the International Commission on Healthcare Professions VisaScreen® certificate? Yes. The International Commission on Healthcare Professions VisaScreen® certificate is required for all health care professionals (except physicians) who are seeking an immigrant visa or a change in status to permanent residency. One of the requirements of the VisaScreen® program is that registered nurses must have passed either the CGFNS Qualifying Exam® or the NCLEX-RN® examination. Since you already have the CGFNS certificate, you will not have to take another nursing exam to obtain your visa, and your transcripts on file may be used for the educational evaluation requirement of the VisaScreen® program. How can I obtain a VisaScreen® application? You can apply for the VisaScreen® Program in one of two ways:
What is a 212(r) Certified Statement? Section 212(r) of IIRIRA authorizes CGFNS to issue Certified Statements to foreign educated nurse who meet the criteria. The 212(r) requirements are:
Who can apply for, and what are the criteria for, the issuance of 212(r) Certified Statements? A nurse applying for a 212(r) Certified Statement must demonstrate that she or he:
*Public Law 106-95 (the 1999 law regarding H-1C visas) conferred on CGFNS International the authority to designate certain countries on the basis of CGFNS’s assessment that the quality of nursing education in that country, and the English language proficiency of those who completed English-language nursing education programs in that country, justify that country’s nursing graduates as qualifying for the Certified statement process. Do I need to have a validation form completed for every license I have ever held? Yes. CGFNS International needs validations on every license, past and present, both U.S. and foreign. How do I apply for a 212(r) Certified Statement from CGFNS International? 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 at CGFNS Connect — Apply/Check Status (see question above “How can I obtain a VisaScreen® application?”), or download the VisaScreen® application by selecting Programs and Services on the menu bar and then selecting VisaScreen® Program, scroll down to the bottom of the page and click onDownload a VisaScreen® Applicant Handbook from the bottom right box. 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 validations, must come directly from the schools and licensing authorities to CGFNS International. |
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