Nurses, Immigration and Visas

Immigration and Visas
In general, what type of visas do foreign health professionals apply for?
A Permanent (immigrant) visa, also known as a "green card."
A Temporary (non-immigrant) visa, of which there are three types: H-1B, H-1C and TN (Trade NAFTA).
Each visa category has its own numeric quota and length of renewal and stay. The term "green card" is known all over the world; however, it is not an official name. The offical 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 U.S. is its main function. A green card holder is required to make the U.S. their permanent home, if they do not, they risk losing the card.
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What are the different categories under which an applicant could apply for a permanent visa?
INS has established nine (9) categories for "green card" applicants:
Immediate relatives
Family preference; employment preference
Ethnic diversity – green card lotteries
Investors
Special immigrants
Refugees and individuals seeking political asylum
Temporary protected status
Amnesty
Special agricultural workers
Each green card preference category has a numeric quota and specialized criteria.
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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 healthcare workers entering the United States on permanent and temporary, including the "TN" Visa categories.
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IIRIRA and Section 343
What is the Illegal Immigration Reform and Immigrant Responsibility Act, and how does that affect me (as a foreign-educated healthcare professional)?
Section 343 of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) requires that certain healthcare 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 nursing applicants, verification that the nurse has either earned a CGFNS Certificate or passed the NCLEX-RN® examination.
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When did the final regulations of Section 343 take effect?
The final regulations were issued July 25, 2003 and became effective September 23, 2003.
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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 healthcare professionals seeking immigrant visas or adjustment of status to permanent resident, other than physicians. Under Section 343, CGFNS can certify nurses, physical therapists, occupational therapists, speech language pathologists and audiologists, medical technologists, medical technicians and physician assistants.
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How does CGFNS certify foreign healthcare workers to meet the requirements of Section 343?
CGFNS 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 healthcare 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 a VisaScreen™ Certificate, which can be presented to a consular office, or in the case of adjustment of status, to the Attorney General as part of a visa application.
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What healthcare professions does ICHP certify?
Under the United States Citizenship and Immigration Service (USCIS) regulations, ICHP can certify registered nurses, licensed practical nurses, occupational therapists, physical therapists, speech language pathologists and audiologists, medical technologists, medical technicians and physician assistants.
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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 nurses, occupational therapists, physical therapists, speech language pathologists and audiologists, medical technologists, medical technicians and physican 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.
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I am a foreign healthcare 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 healthcare 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.
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I am a foreign-educated healthcare professional in a non-clinical occupation (such as medical teachers or researchers, administrators of healthcare 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 healthcare occupations that do not provide patient care are not required to obtain certification under Section 343. However, healthcare 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 VisaScreen™ Certificate.
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I am a nurse who holds a CGFNS Certificate. Do I still need to apply for the VisaScreen™ Certificate?
Yes. The VisaScreen™ Certificate is required for all healthcare 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 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 element of the VisaScreen™ program.
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How can I obtain a VisaScreen™ application?
You can apply for the VisaScreen™ Program in one of three ways:
1. Request a copy of the VisaScreen™ Program Application from CGFNS by mail or phone.
2. Apply online at http://www.cgfns.org/sections/app/applyOnline.shtml.
3. Download VisaScreen™ Program Application from www.cgfns.org/sections/app/applib.shtml.
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SECTION 212 (r)
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.

212(r) Requirements:

• The registered nurse must have been educated in one of the listed exempt countries: United Kingdom, (England, Wales, Northern Ireland and Scotland), Australia, Canada except Quebec, South Africa, New Zealand, Ireland, Trinidad/Tobago 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 language of instruction and textbooks was in 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 or a Nursing Education Form.

• The registered nurse must have passed NCLEX® 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 approved by CGFNS and included in the list which CGFNS established in 1999 after its review of the education in the above countries. Any school founded after November 1999 must be reviewed and approved by CGFNS.

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Who can apply for, and what are the criteria for the issuance of these "certified statements?"
A nurse applying for a "certified statement" must demonstrate that he or she:
1. already possesses a valid and unencumbered licenses as a nurse in a state where the alien intends to be employed and such state verifies that the foreign license of alien nurses are authentic and unencumbered;
2. has already passed the National Council Licensure Examination for registered nurses (NCLEX-RN®); and
3. is a graduate of a nursing program (a) in which the language of instruction was English, (b) located in a country designated by CGFNS within 30 days of the date of enactment of P.L. 106-95, based on CGFNS’ assessment that the quality of nursing education in that country, and the English language proficiency of those who completed English-language-medium programs in that country justify the country’s designation, and (c) if that nursing program was in operation before November 12, 1999, or is subsequently designated by CGFNS and any equivalent credentialing organizations approved for the credentialing of nurses under subsection 212(a)(5)(C).
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How were the countries listed as part (b) of the third criterion above, selected?
Public Law 106-95 (the 1999 law regarding H-1C visas) conferred on CGFNS the authority to designate certain countries on the basis of CGFNS’ 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.
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How do I apply for a "certified statement" from CGFNS?
Complete the VisaScreen™ application, marking "Certified Statement" in the other box on the application. You must also indicate which U.S. state(s) you are currently licensed in on the application form. Fill out the application completely, mail your application with the appropriate fee and send your records, transcripts and validations request forms to the proper schools/licensing authorities. School transcripts and records, and all past and current license validations must come directly from the schools/licensing authorities to CGFNS.
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Do I need to have a validation form completed for every license I've ever held?
Yes. CGFNS needs validations on every license, past and present, foreign and U.S.
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I am a Canadian nurse; do I need a VisaScreen™ (ICHP) certificate?
Yes, the final regulations issued under Section 343 require Canadian healthcare workers to obtain a VisaScreen™ if they are seeking either a temporary or permanent employment a Visa or working under Trade NAFTA STatus.
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What do I do if my credentials do not meet the requirements of whichever CGFNS service I am applying to?
Depending on what part of your application was deficient, CGFNS might be able to provide you with information on how to rectify the deficiency.
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What do I do if my transcripts and/or registrations/licenses are in a language other than English?
Transcripts and registrations/licenses not in English, need to be accompanied by a word-for-word translation directly from the schools and registration authorities. Translations should also include a Certification of Accuracy (please see instructions on your application). If the school or registration authority cannot provide word-for-word translations, CGFNS can provide this service to the applicant for a fee.
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Note: The above information was taken from the official site http://www.cgfns.org/sections/faqs/immigration_visas.shtml#16

FAQ --- VisaScreen™: Visa Credentials Assessment

Who is CGFNS?
The Commission on Graduates of Foreign Nursing Schools (CGFNS) is a non-profit, internationally recognized leader in the education, registration and licensure of healthcare professionals worldwide. CGFNS protects the public in relation to evolving healthcare policies and standards of professional practice for migrating healthcare professionals.
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Who is ICHP?
The International Commission on Healthcare Professions is a division of CGFNS. CGFNS launched ICHP in 1996 to administer its VisaScreen™ program, which is a federally-approved screening program for foreign healthcare workers seeking an occupational visa in the United States
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What is VisaScreen™ and why do I need it?
U.S. Immigration law now requires that healthcare professionals, other than physicians, complete a screening program in order to qualify for certain occupational visas. VisaScreen™, a program offered by The International Commission on Healthcare Professions (ICHP), a division of CGFNS, enables healthcare professionals to meet this requirement by verifying and evaluating their credentials to ensure that they meet the government’s minimum eligibility standards. CGFNS is named in Federal law as a qualified provider of such a screening program.
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What does VisaScreen™ look at?
VisaScreen™ does an educational review, licensure review, English language skills assessment and predictive examination for nurses. Applicants who successfully complete VisaScreen™ will receive a VisaScreen™ Certificate, which can be presented to a consular office or, in the case of adjustment of status, the Attorney General as part of a visa application
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If I am a registered nurse, do I need to complete the CGFNS Qualifying Exam and the NCLEX-RN examination in order to complete my VisaScreen™ application?
No. You only need to successfully complete either one of the exams.
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What are the VisaScreen™ requirements?
1. Complete the VisaScreen™ application.
2. Complete the enclosed forms to send to your nursing school(s). Academic transcripts must come directly from the nursing school(s).
3. Complete the enclosed forms to send to your licensing authority(ies). Validations of all licenses, past and present, must come directly from the licensing authorities.
4. You must successfully complete an English language proficiency test and have the scores directly forwarded to ICHP from the testing agency.
5. You must successfully pass either the CGFNS Qualifying Exam or the NCLEX-RN® examination if you are a nurse.
6. Enclose a copy of your high school diploma or equivalent.
7. Enclose the application fee.


You can apply for the VisaScreen™ Program in one of three ways:
1. Request a copy of the VisaScreen™ Program Application from CGFNS by mail or phone.
2. Apply online at http://www.cgfns.org/sections/app/applyOnline.shtml.
3. Download VisaScreen™ Program Application from www.cgfns.org/sections/app/applib.shtml.
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Who is exempt from fulfilling the English language proficiency requirement?
Applicants may be exempt from the English language proficiency requirement if they meet all of the following criteria:
1. Country of professional education was Australia, Canada (except Quebec), Ireland, New Zealand, United Kingdom or the United States;
2. Language of instruction was English; and
3. Language of textbooks was English
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Who pays for the program?
The applicant typically pays for the VisaScreen™ program. The application fee can be paid by an international money order or certified bank check in U.S. dollars, drawn on a U.S. bank and made payable to "ICHP," or by one of the following credit cards: Visa, Mastercard or Discover/Novus.
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Must I submit my original documents for review?
Yes and no. ICHP accepts clear and legible photocopies of secondary school documents for evaluation. However, ICHP will only accept original verification from issuing agencies. All validation of registration/licenses and the applicant’s professional school’s transcripts must come directly from the issuing authority to ICHP. In addition, since ICHP verifies credential authenticity, ICHP maintains the right to validate any documentation with the source agency.
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What do I do if my educational institution has closed?
ICHP only accepts certain documentation from source agencies (such as transcripts and validations of registration/ licensure). If your school has closed or no longer operates, you will need to contact the organization or agency authorized to hold documentation for that institution (such as a ministry of health or the national, provincial or state licensing authority in your country of education). If you are uncertain about where to go, call the ICHP Customer Service Department.
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Do I need to have validations for all licenses I have ever held to complete my VisaScreen™ application?
Yes. CGFNS requries all VisaScreen™ applicants to provide validations of ALL licenses they have held, past and present. The validations must be sent directly to CGFNS from the issuing authority(ies).
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Can I provide a photocopy of my license instead of a validation?
No. CGFNS requires that official validations of licenses must be completed and sent directly from the issuing authorities.
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What do I do if the agency that issued my license is no longer in existence?
CGFNS only accepts validations of licensure from the source agency. If that agency has closed or no longer operates, you will need to contact the organization or agency authorized to hold documentation for that institution (such as a Ministry of Health or the national, provincial or state licensing authority in your country). If you are uncertain about where to go, contact the CGFNS Customer Service Department for assistance.
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What if my documents are not in English?
A certified word-for-word English translation, signed with a certification of authenticity by the translator, must accompany any credentials not in English. If you cannot furnish a translation of your documents, ICHP can provide an official translation of each document for an additional fee. ICHP will accept translations of documents submitted by source agencies (such as transcripts and validations) only from the issuing authorities. Otherwise, ICHP will translate documents for the appropriate fee.
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How does ICHP ensure its evaluations?
To ensure quality evaluations, ICHP consistently uses standards developed by the specific profession as the foundation for the assessment of an applicant’s qualification.
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What is the difference between a CGFNS Certificate and the ICHP VisaScreen™ Certificate?
The VisaScreen™ Certificate is a result of successful completion of the ICHP VisaScreen™ program, which meets all federal requirements of a screening program for healthcare professionals seeking certain occupational visas in the United States. The CGFNS Certificate is a result of successful completion of the CGFNS Certification Program, which is a program consisting of an educational and registration/licensure review, a qualifying examination of nursing knowledge, as well as an English language proficiency assessment, designed specifically for first-level, general (registered) nurses seeking licensure in the United States.
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Once a VisaScreen™ Certificate is issued, who receives the original document?
The VisaScreen™ Certificate is issued directly to the applicant who successfully completed all of the requirements of the program. The applicant then presents it to a consular office or attorney general (when applicable) as part of a visa application.
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My VisaScreen™ Certificate does not contain my picture, the signature of the CGFNS president and CEO, or an expiration date. Is it still valid?
In January, 2004, CGFNS began to include the signatures of the organization's President and Chief Executive Officer, as well as an expiration date on VisaScreen™ Certificates. VisaScreen™ Certificates were first issued in conjunction with the issuing of three interim rules by the DHS on October 1998, April 1999, and in January 2001. Therefore VisaScreen™ Certificates issued during these periods and prior to January 2004 would not contain signatures or expiration dates, however will remain valid.
Some VisaScreen™ certificates may also include a photograph of the applicant (which CGFNS has included when a photo was available), but the majority of certificates do not. CGFNS has added these features with the aim of making the certificate more resistant to various forms of fraud.
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I am from a foreign country, but graduated from a college in the United States. Do I still need to apply for the VisaScreen™ program?
Yes. Although your professional education was completed in the United States, the purpose of the VisaScreen™ program is to provide a screening program which meets all federal requirements for international healthcare professionals seeking an occupational visa in the United States, irrespective of where the professional education was completed. However, there is a streamlined process for foreign-born healthcare professionals educated in the U.S.
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What are the passing scores for the English language proficiency examinations?

Click the above image to enlarge

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What healthcare professions does ICHP certify?
Under the current Bureau of Citizenship and Immigration Services (BCIS) regulations, ICHP can certify registered nurses, licensed practical nurses, occupational therapists, physical therapists, speech language pathologists and audiologists, medical technologists, medical technicians and physicians’ assistants.
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I am a foreign-educated healthcare worker (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 issue me the necessary certification?
USCIS has chosen to limit the number of occupations for which certificates can be issued. USCIS anticipates that additional occupations, and perhaps additional organizations, would be added when a final rule is promulgated. CGFNS has consistently expressed its disagreement with this approach to USCIS, noting that it has statutory authority to certify all healthcare professions other than physicians. USCIS continues to disagree.
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Do I need a VisaScreen™ Certificate if I am a Canadian entering the United States on a "TN" visa?
Yes. Certificates are required for healthcare workers entering the United States on permanent and temporary, including the "TN" Visa categories.
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I am a foreign-educated healthcare professional who is seeking to obtain my permanent residence status based on my relationship (e.g., spouse or minor) to a U.S. citizen. Do I need to obtain a VisaScreen™ Certificate?
No. Foreign-educated healthcare professionals who seek permanent residence status based on their relationship to an American citizen are not subject to Section 343 and do not need to obtain a VisaScreen™ Certificate.
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I am a foreign-educated healthcare professional in a non-clinical occupation (such as medical teachers or researchers, administrators of healthcare 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 healthcare occupations that do not provide patient care are not required to obtain certification under Section 343. However, healthcare 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 VisaScreen™ Certificate.
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I am a nurse who holds a CGFNS Certificate. Do I still need to apply for the VisaScreen™ Certificate?
Yes. The VisaScreen™ Certificate is required for all healthcare 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 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 element of the VisaScreen™ program.
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Note: The above-information was taken from the official site http://www.cgfns.org/sections/faqs/visascreen.shtml#_top

Congratulations!

This is to congratulate my youngest sister, Charissa, on passing the Philippine Nursing Board exam held on June 11-12, 2006.

My sister's name can be found on page 363 of the 368-page Official Result from the Professional Regulation Commission or better known as PRC. She's one of the 17,821 who passed the exam out of 42,006 who took it.

The exam results were delayed for almost a month due to a rumored exam leakage involving one of the nursing review centers in Baguio, Philippines.

Charissa, as she likes everyone to call her, was a batch 2006 Nursing graduate of the Holy Name University in Bohol, Philippines.

Again, congratulations from Jonah, Jasmine and I as well as from Papa, Mama, Ivy and Dante and of course, Melgar.

Way to go girl! We are looking forward for you to join us here in the US!