July 30, 2003

Certificates for Certain Foreign Health Workers Now Required

The Department of Homeland Security has issued a final rule, effective September 23, 2003, requiring all non-immigrants coming to the United States for the primary purpose of performing labor as health care workers (other than a physician), including those seeking a change in nonimmigrant status to submit a health care worker certification in the form of a VisaScreen certificate. These positions include nurses, physical therapists, occupational therapists, speech language pathologists, medical technologists, medical technicians and physician assistants. These certificates will serve to verify that their education, training, licensing, experience and English competency is comparable to that of American health care workers. Visa Screen certificates are obtained from the Commission on Graduates of Foreign Nursing Schools (CGFNS), or an equivalent independent credentialing organization approved by the Attorney General in consultation with the Secretary of the Department of Health and Human Services(HHS). With this regulation, both non-immigrant and immigrant health care workers are now required to obtain a visa screen certificate. Blanket waivers are still available until July 26, 2004 for non-immigrants including H-1B applicants.

For further information on these or other recent changes to immigration procedures please contact the GT Business Immigration Group at imminfo@gtlaw.com.